This action arises from Defendants’ failure, despite their longstanding knowledge of a material design defect, to disclose to Plaintiffs and other consumers that certain Subaru Vehicles have an oil consumption defect. This defect – which typically manifests during and/or shortly after the limited warranty period has expired – causes the Vehicles to burn an excessive portion of their engine oil, leading to increased emissions, decreased fuel efficiency, and potentially significant damage to the engine, catalytic converter, and other engine components.
The vehicles implicated by the lawsuit are:
2011-2014 Subaru Forester 2.5L
- 2013 Legacy 2.5L
- 2013 Outback 2.5L
- 2012-2013 Impreza 2.0L
- 2013 XV Crosstrek 2.0L
The Oil Consumption Defect poses a safety risk to the driver and passengers of the Vehicles because it prevents the engine from maintaining the proper level of engine oil, and causes an excessive amount of engine oil consumption that can neither be reasonably anticipated nor predicted. Further, the Oil Consumption Defect can cause sudden engine failure while the Vehicles are in operation at any time and under any driving condition or speed. This exposes the driver and passengers of the Vehicles, as well as others who share the road with them, to an increased risk of accident, injury, or death.
As alleged, although Subaru has long been aware of the Oil Consumption Defect, it has regularly and systematically refused to repair the Vehicles without charge when the Oil Consumption Defect manifests itself, and have generally refused to pay for the costs of the excessive oil consumption and tests for the Oil Consumption Defect.
As a result of Defendants’ unfair, deceptive and/or fraudulent business practices, owners and/or lessees of the Vehicles, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or loss in value. The unfair and deceptive trade practices committed by Defendants were conducted in a manner giving rise to substantial aggravating circumstances.
Had Plaintiffs and other Class members known about the Oil Consumption Defect at the time of purchase or lease, they would not have bought or leased the Vehicles, or would have paid substantially less for them. The Oil Consumption Defect has also injured Class members by requiring them to constantly replenish (and pay for) engine oil in the Vehicles at an unreasonably rapid pace. In addition, Class members are being charged for oil consumption tests and other repairs on their Vehicles that would not be necessary but for the existence of the Oil Consumption Defect.