A class action lawsuit has been filed against Honda Acura, saying the 2016-2019 Acura MDX and 2019-2020 Acura RDX vehicles possess a transmission defect. The defect allegedly causes cars to stall, downshift, decelerate, or shutdown while driving, which poses a safety risk to drivers and others. The Acura transmission defect class action lawsuit asserts that the defect is caused by a miscommunication between the software and computers controlling the vehicles’ transmission, engine and throttle.
According to the class action complaint, the problem often occurs when the vehicle is driven at highway speeds, when the driver changes lanes or when accelerating to pass another vehicle. The plaintiffs point out that these maneuvers require immediate acceleration. However, when a driver attempts to accelerate, the defect allegedly can cause the vehicle to decelerate rapidly, cause the engine to stall or the gas pedal may hesitate when pushed down. Additionally, the vehicle could also shut down or shift into neutral while the vehicle is being driven. These defects can lead to an increase in the risk of a crash and jeopardize the safety of the occupants.
Despite the financial injury to consumers and the risk of physical injury, the company has not taken adequate steps to repair or address the problem, say the drivers. Allegedly, the company is aware of the defect, but misrepresents the vehicles as safe.
According to the drivers, the company received unjust enrichment from the sale of these vehicles, and violated state and federal consumer protection laws. Additionally, the drivers say that the company violated both express and implied warranties by misrepresenting the vehicles.
Based on these defects, the drivers seek damages on behalf of themselves and all other similarly affected consumers, and they seek a disgorgement of profits that they say were unjustly gained since the owners would not have purchased the Honda Acura vehicles if the defect had been disclosed. The class action complaint also seeks declarative and injunctive relief, requesting the court require the company to stop misrepresenting the vehicles.
According to the class action complaint, within months of the first sales of the 2016 Acura MDX vehicles, Honda Acura began receiving consumer complaints regarding the defect. Despite Honda’s knowledge of the defect since 2015, the drivers claim Honda Acura has not issued a complete recall. Honda Acura has approved some repairs, but these repairs allegedly did not fully address the problem. The first repair offered was a software update, which did not fix the defect. After the software update, it is alleged the company has ignored the problem.
Have you ever had transmission problems with your Honda Acura vehicle? If so, contact the class action lawyers at Balkan & Patterson for a free consultation, www.BalkanPatterson.com.