A Subaru battery settlement final approval hearing is approaching after Subaru agreed to settle the class action lawsuit that alleges software errors cause the battery to drain.
The Subaru battery lawsuit alleges the battery drains due to the controller area network (CAN) which relies on electrical current when the vehicle is in use.
The CAN system should go to sleep when the vehicle is turned off, but software errors allegedly prevent the CAN from sleeping. This is allegedly what drains the battery and every replacement battery.
The plaintiffs say replacing the Subaru batteries is useless because the same defective batteries are used as replacements.
The plaintiffs also assert Subaru should stop selling the vehicles and replace or buy back these vehicles.
- 2015-2020 Subaru Outback
- 2015-2020 Subaru Forester
- 2015-2020 Subaru Legacy
- 2015-2020 Subaru WRX
- 2019-2020 Subaru Ascent
Several class action lawsuits, including Dalen v. Subaru and Tomasian v. Subaru, were consolidated into the Subaru Battery Drain Products Liability Litigation.
Subaru denies all the allegations in the battery class action lawsuit and says it decided to settle to save money on the expense of litigation.
Subaru Battery Drain Settlement Agreement
Even though the class action lawsuit argues replacing the batteries does nothing to fix the drained battery problem, the plaintiffs made a deal with Subaru to pay 100% of the cost for a first battery replacement up to five years or 60,000 miles from the in-service date of the vehicle.
This won't help certain customers because the offer has already expired on older vehicles.
The "warranty extension" for first battery replacements is also limited to the first-time owner/lessee of the vehicle.
Those vehicles in service more than five years or 60,000 miles will see the warranty extended, but only for three months from the class action lawsuit settlement notice date. And even then, a customer will still be stuck paying 50% of the first battery replacement cost.
For subsequent battery replacements beyond the original, Subaru will cover 100% of the battery replacement costs up to a period of five years or 60,000 miles (whichever comes first) from the in-service date of the vehicle.
Subaru will also cover 80% of the replacement costs up to a period of seven years or 84,000 miles, or it will pay 60% of the costs up to a period of eight years or 100,000 miles.
The settlement says the battery recharge or replacement coverage will be based on the results of the dealer’s administration of the test in the “Battery Extended Warranty–Midtronics Protocol.”
It's also possible an owner may receive at least a partial refund for expenses.
Unless a repair was previously reimbursed, a cash reimbursement may be available if you paid out-of-pocket costs for battery replacements, battery testing and diagnosis performed by a Subaru dealer. It may also be possible to receive reimbursement for towing services related to a drained battery.
The Subaru battery settlement benefits will vary based on the age and mileage of the vehicle, so an owner may be looking at covering the majority of the battery expenses. Additionally, much will depend on how many times the battery was replaced.
The Subaru battery settlement final approval hearing is Nov. 29. However, customers who don't like the settlement terms can exclude themselves by the Nov. 5 deadline. In addition, the deadline to object to the settlement is also Nov. 5.
According to the Subaru battery settlement agreement, the 13 named plaintiffs will receive $4,000 each, and the attorneys who represent those owners will receive more than $4 million.
The Subaru battery settlement was reached in the U.S. District Court for the District of New Jersey: In re: Subaru Battery Drain Products Liability Litigation.
The plaintiffs are represented by Mazie Slater Katz & Freeman, LLC, Sauder Schelkopf LLC, and Girard Sharp LLP.
Abby Andrews