A new update on the Subaru fuel pump lawsuit says Subaru of America has asked the judge to completely dismiss the case because the allegations are allegedly inadequate and nothing more than conclusory.
The report from Car Complaints says Subaru argued the plaintiffs did not show why the judge shouldn't permanently dismiss 22 causes of action about the allegedly defective Denso fuel pumps. "The judge already dismissed those claims, and Subaru says the plaintiffs haven't brought any new arguments to the table," says the report.
Subaru's recent recall to replace a defective fuel pump manufactured by Denso in some new models should have been carried out without incident. But some owners claimed the automaker allegedly waited too long to order the fuel pump recall and filed multiple lawsuits against Subaru of America. The class-action suits also alleged Subaru's recall didn't include all the affected vehicles.
Subaru's first defective fuel pump recall in April 2020 covered 2019 Subaru Impreza, Outback, Legacy, and Ascent vehicles. In August 2021, Subaru expanded the recall to include the 2018 Subaru Forester, 2018-2020 Outback, 2019-2020 Ascent, 2018-2020 Impreza, 2018-2020 Legacy, 2018-2019 WRX, and 2018-2019 BRZ vehicles.
The current class-action case consolidated four separate lawsuits and now includes 34 plaintiffs who allege all Subaru vehicles built since 2013 contain defective low-pressure Denso fuel pumps. The plaintiffs say Subaru's recall repairs are inadequate, and technicians must learn how to properly work on the fuel pumps.
Subaru asked the court to dismiss the lawsuit saying the plaintiffs lack standing to bring claims based on states' laws where the plaintiffs "neither reside nor purchased their vehicles." Judge Joseph H. Rodriguez agreed and ruled in favor of Subaru.
Judge Rodriguez also dismissed a claim from one plaintiff because the plaintiff owns a Subaru vehicle that doesn't even contain a defective fuel pump. The court also rejected claims because the plaintiffs failed in their Warranty Act claims. One plaintiff had a fuel pump replaced for free under warranty.
The court also ruled in favor of Subaru over claims that the automaker lied in advertising the safety of its vehicles, along with their "dependability" and "reliability." Rodriguez says the advertising "represents the type of exaggerated statement regularly made by unverifiable companies."
Additionally, the judge says, "most plaintiffs experienced no symptoms of the defect in their vehicles and did not bring their cars to Subaru for the repair of any kind. No plaintiffs allege that they suffered a physical injury while driving their Subaru vehicles or rented a car at their own expense while having their vehicles repaired."
A motion to dismiss the Subaru fuel pump lawsuit
Subaru of America argues that the plaintiffs continue to offer no legitimate arguments about why those claims shouldn't be dismissed.
The Car Complaints report says, "Subaru references how the judge previously dismissed fraudulent concealment and omission claims, and the second amended class action lawsuit allegedly pleads no new facts.” Subaru argues that all claims should be dismissed with prejudice to end the fuel pump lawsuit.
What should Forester, Outback, Ascent, Impreza, Legacy, WRX, and BRZ owners do?
If you continue to have problems with your Subaru Forester, Outback, Ascent, Impreza, Legacy, WRX, or BRZ, you can report a safety issue with the NHTSA by going to their website or calling 1-888-327-4236.
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Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report, where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.
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Photo credit: Subaru