This action arises out of a uniform problem in the Class Vehicles and their beige-colored dashboards, including, but not limited to, Luxor Beige, Sand Beige, or any other beige or lighter-colored dashboard (collectively, “Beige Dashboards”), which cause an unsafe glare or reflection onto the windshields of the Class Vehicles.
According to the complaint this distracting and unsafe windshield glare caused by the reflection of the lighter-colored dashboards can impair the driver’s ability to see through the windshield while driving (the “Windshield Glare”), which poses an obvious safety risk.
As alleged, owners of the affected vehicles have a reasonable expectation that they should be able to see clearly through their windshields during normal and routine use of their vehicles, However, the Windshield Glare problem severely inhibits driver’s ability to see clearly through the windshield without dangerous distraction or impediments. This is a clear safety hazard, because it limits the driver’s ability to safely control the car’s direction and maneuver the vehicle to avoid accidents with other vehicles, pedestrians, cyclists, or other objects in the vehicle’s path.
According to the complaint, Defendant knew, or should have known, about the Windshield Glare problem through their exclusive knowledge of non-public, internal data about the Beige Dashboards and the Windshield Glare, including, without limitation, early consumer complaints about the Windshield Glare problem to Defendant’s dealers who are their agents for vehicle repairs; consumer complaints to NHTSA and resulting notice from NHTSA; early consumer complaints on websites and internet forums; dealership repair orders; testing conducted in response to owner or lessee complaints; and / or other internal sources of aggregate information about the problem.