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Drain Pain: Settlement reached in Subaru battery drain class action lawsuit

Toronto, Ontario — A settlement has been reached with the 13 plaintiffs who filed a class action lawsuit against Subaru, alleging that defects in the company’s vehicles cause the batteries to drain.

This settlement follows the filing of several class action suits against the automaker, dating back to 2020.

The following models were identified as defective:

  • 2015-2020 Subaru Outback
  • 2015-2020 Subaru Forester
  • 2015-2020 Subaru Legacy
  • 2015-2020 Subaru WRX
  • 2019-2020 Subaru Ascent

The suit claimed that software errors prevented the vehicle’s controller area network (CAN) from entering sleep mode upon vehicle shutdown, therefore causing the battery to drain even while the vehicle is shut off.

Part of the suit stipulated that Subaru stop selling the defective vehicles and replace or buy back the vehicles.

Subaru denied all allegations brought forward in the suit, firing back with the claim that their vehicles “function properly, are not defective and that no warranties or statutes have been breached.”

As part of the settlement, Subaru must pay 100 percent of the cost for a first battery replacement for up to five years or 96,560 kilometres from the in-service date of the vehicle.

For vehicles that have been in service more than five years or 96,560 kilometres, Subaru will extend its warranty for three months from the class action lawsuit notice date, but this will cover only 50 percent of the first battery replacement cost.

Based on the settlement agreement, each of the 13 named plaintiffs will receive $4,000.

The Subaru battery drain lawsuit was filed in the U.S. District Court for the District of New Jersey, under Dalen, et al., v. Subaru of America, Inc., et al. and Tomasian, et al., v. Subaru of America, Inc.

The plaintiffs were represented by Mazie Slater Katz and Freeman, LLC, Sauder Schelkopf LLC, and Girard Sharp LLP.

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One Response

  1. I’ve been having the same issues with my 2020 Subaru Ascent. Subaru told me I should drive it every day to make sure the battery keeps it’s charge. When I asked what I should do if I go away on business and need to leave my vehicle at the airport for a week or two. They told me to call a towing when I get back to have the battery boosted or to bring myself tools and unhook the battery. That does not make sense to me at all plus I would not know how to unplug the battery. I paid closed to $ 70,000 for a vehicle that I can’t rely on. Not acceptable. Subaru needs to fix this problem or reimburse the customers 100%.

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