Santa Clara, CA: Subaru is facing a proposed consumer fraud class action lawsuit over allegations it knowingly sold vehicles with defective windshields that are prone to spontaneous shattering.
Filed by Lucia Luong, who purchased a new 2015 Subaru Outback, the complaint asserts that the vehicle's windshield spontaneously cracked in March. Subsequently, Subaru has denied valid warranty claims in an effort to minimize its own costs, Luong alleges.
“Subaru knew of and concealed the windshield defect that is contained in every class vehicle, along with the attendant dangerous safety problems and associated repair costs, from plaintiff and the other class members both at the time of sale and repair and thereafter,” the lawsuit states.
Luong alleges that hers is not an isolated incident, but rather “hundreds, if not thousands,” of drivers who bought or leased 2015-2016 Subaru Outback or Legacy vehicles in the US have also experienced a defective windshield. This is clearly evident by the number of customer complaints filed with the National Highway Traffic Safety Administration, the lawsuit asserts.
The complaint goes on to state that although Subaru was aware of the defect, the company did not notify the drivers or grant them any relief, and the value of the vehicles has consequently diminished.
“Defendant has deprived class members of the benefit of their bargain, exposed them all to a dangerous safety defect, and caused them to expend money at its dealerships or other third-party repair facilities and/or take other remedial measures related to the windshield defect contained in the class vehicles,” the lawsuit states.
The complaint notes that while Subaru claims it extended its new car warranty by two years for front windshield failure, the extension only applied to certain members of the proposed class. Further, when Subaru dealers have repaired the windshields, they often replaced them with other faulty units, according to the complaint.
According to the allegations, Subaru is in violation of California’s Consumers Legal Remedies Act and Unfair Competition Law, and is in breach of implied and express warranties, and fraudulent omission.
Luong is seeking replacement windshields; an extended windshield warranty; the reimbursement of costs related to the faulty windshields; a halt to sales of the faulty vehicles without first notifying consumers of the defect; compensatory, exemplary and statutory damages; disgorgement of profits from the sale of the defective vehicles; and fees and costs.
