Alleging Subaru failed to recall vehicles with a well-known a defect that caused the automobiles to burn through excessive amounts of oil, a class action lawsuit was filed in U.S. District Court in Camden, N.J.
The lawsuit, raised by plaintiffs Keith Yaeger, of Escondido, Calif., and Michael Shuler, of Lakeland, Fla., reportedly alleged that the vehicles affected by the oil consumption issue were the 2011 through 2014 2.5L Subaru Foresters; 2013 Legacy 2.5L; 2013 Outback 2.5L; 2012 and 2013 2.0L Imprezas; and 2013 XV Crosstek 2.0L. Fuji Heavy Industries Ltd. was listed on the lawsuit along with Subaru as defendants in the case.
Asserting that piston rings in the affected vehicles wear down too quickly, the lawsuit filed July 16 alleges that Subaru's handling of the matter violated New Jersey's consumer fraud act, breaches the terms laid out in the vehicles' warranties and allowed a litany of safety issues to fester as the company held out on recalling the automobiles. The lawsuit stated that the oil consumption issue harmed the resale value of the affected vehicles, and served as an ever-present threat to the life of engine in the affected automobiles.
"Not only did Subaru actively conceal the material fact that particular components within the class vehicles' engines are defective, they did not reveal that the existence of the defect would diminish the intrinsic and resale value of the class vehicles and lead to the safety concerns described herein," stated the lawsuit.
The lawsuit, which was filed on July 16, sought an undisclosed sum in damages. It also sought to order Subaru to recall the affected vehicles.
Michael McHale, Subaru spokesman, stated that Subaru has been working with customers to resolve the issue.
"While we believe the oil consumption of our vehicles to be within acceptable levels, we continually work to reduce the amount of consumable goods, such as oil, that our vehicles require to operate," said McHale.
Subaru was said to have revised service bulletins on the issue this May, after initially releasing warnings to dealers of consumer complaints in September and December of 2013. The lawsuit alleged that a recall should have been initiated when Subaru first learned of the issue.
"Subaru both acknowledged the oil consumption defect and suggested a repair ... while all, or nearly all, of the (affected models) should still be covered under Subaru's powertrain warranty," stated the lawsuit.
Matthew Schelkopf, a Haverford, Pa., attorney for the Subaru owners, said his associates looked forward to litigating the case, as a thorough investigation in the matter had already taken place.
