Grabar Law Office Files Class Action Complaint Against Seven Auto Manufacturers and a Parts Supplier For Failures to Issue a Recall of a Defective Airbag Control Unit

Grabar Law Office has filed a putative class action complaint for a breach of public trust by seven automotive manufacturers and a tier-one parts supplier, who have concealed a deadly airbag defect in 12.3 million U.S. cars. On the heels of the Takata airbag recall, and the $1.5 billion in class action settlements that accompanied it, it is alleged that the manufacturers in this new putative class action – Acura, Honda, Toyota, FCA, Mitsubishi, Kia and Hyundai – have known of this new airbag defect for years and have refused to issue a recall to fix it. At issue is the vehicles’ airbag control unit (“ACU”) manufactured by supplier ZF-TRW that becomes over-stressed by excess electrical energy generated during a crash. The “electrical over-stress” forces the ACU to seize-up at the moment of impact, causing the airbags to not deploy and the seatbelt locks to fail.  After numerous reports of deaths and serious injuries, in 2018 the National Highway Safety Traffic Administration (“NHTSA”) launched an investigation into the matter, only to find out that ZF-TRW had been having in-depth discussions with manufacturers about the defective ACU since at least 2011. Under the Federal Motor Vehicle Safety Standards, manufacturers are required to issue a full vehicle recall within five days of learning of a defect.

In April 2019, NHTSA elevated the investigation to an Engineering Analysis and expanded the scope of the investigation to include other manufacturers who had installed the ZF-TRW made ACU in their production vehicles. At its early investigation stages, NHTSA has confirmed that the defective ACU has been linked to at least four deaths; however, NHTSA complaint logs confirm that many more fatalities have been reported to NHTSA that are still under investigation. The Class Action complaint brings claims against each of the seven automotive manufacturers and the tier-one parts supplier for violations of the Magnuson Moss Act, violations of California consumer protection statutes and violations of common law claims of fraud and unjust enrichment.

The impacted vehicles are:

 MakeMakeModelYears
AcuraRLX2014-2019
AcuraRLX Hybrid2014-2019
AcuraTL2012-2014
AcuraTLX2015-2017
AcuraTSX2012-2014
AcuraTSX Sport Wagon2014
AcuraTSX Sportwagon2012-2013
DodgeNitro2010-2011
DodgeRam 15002009
DodgeRam 35002010
Fiat5002012-2019
JeepCompass2015-2017
JeepLiberty2010-2012
JeepPatriot2015-2017
JeepWrangler2010-2018
HondaAccord2013-2015
HondaAccord Hybrid 2014-2015
HondaCivic2012-2015
HondaCivic GX2012-2015
HondaCivic Hybrid2012-2015
HondaCivic SI2012-2015
HondaCR-V2012-2016
HondaFit2012-2017
HondaFit EV2013-2014
HondaRidgeline2012-2014
HyundaiSonata2013-2019
HyundaiSonata Hybrid2013-2019
KiaForte2010-2013
KiaForte Koup2013
KiaOptima2013-2019
KiaOptima Hybrid2012-2016
KiaSedona2014
MitsubishiLancer2013-2017
MitsubishiLancer Evolution2013-2015
MitsubishiLancer Ralliart2014-2015
MitsubishiLancer Sportback2013-2016
MitsubishiOutlander2013
Ram15002009-2012
Ram25002010-2012
Ram35002010-2012
Ram45002011-2012
Ram55002011-2012
ToyotaAvalon2012-2018
ToyotaAvalon Hybrid2013-2018
ToyotaCorolla2011-2019
ToyotaCorolla IM2017-2018
ToyotaCorolla Matrix2011-2013
ToyotaSequoia2012-2017
ToyotaTacoma2012-2019
ToyotaTundra2012-2017

If you would like to learn more about this action, contact us today at 267-507-6085 or email jgrabar@grabarlaw.com.

A Copy of the Complaint can be viewed here: 001 – Complaint

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