I was recently the victim of Subaru's horrible warranty denial policy after my transmission went out on me. My car was never raced, no major power mods-yet Subaru denied my warranty before even looking at it. I spoke with the technician at Jeff Wyler Subaru in Forest Park, OH and he told me that when the regional representative called about my case the first thing he said was "If any of the teeth are broken, deny the warranty." He never looked at the vehicle and had not heard any details of my case, but immediatly dismissed it to "driver abuse". I only have 16,000 miles on my car and I never beat on it or raced it.
Well I've heard of this happening far to many times to other people and I'm tired of Subaru screwing over it's loyal customers. I'm filing a class action lawsuit against Subaru Of America. What that does is allow an entire group of people with the same complaint to file 1 lawsuit against them for a large sum of money to be divided up among the plaintiffs.
If you've ever had any experience with Subaru's shady warranty procedures please go to http://www.BigClassAction.com and log a complaint with them. Use case # 234714 when searching for it. The more people we can get on this, the more powerful it will be, and the more money we will receive in the end. Please do not let Subaru get away with this, they've taken too much money from too many people already. Thanks for all your support!

 

Why dont you just file a small claims suit against them??

 

He probably doesn't want to go small claims because he doesn't necessarily care about getting money for only himself, which is just chump change. The purpose of class actions is to hurt the Defendant's wallet so they change their money grubbing ways. Doing it this way not only gets him what he deserves, but it may change how Subaru operates. Power in numbers.

I agree with ScoobyDoobie completely, if they're not even going to look at his car and not honor the warranty which is part of the contract, then they should just knock 5 grand off the selling price of the car because the warranty is worthless. Its a major part of the whole deal and why a lot of ppl bought new subarus in the first place.

More power to you ScoobyDoobie!

 

Bling Bling, I was curious how you know who has the burden in this case. Is that the law in Ohio, did you have a prior experience, or is it in the contract somewhere? (honest quesiton - not doubting you)

It may become rather sticky in trying to determine who is a part of this class. How are the courts going to know who modded and who did not, who abused and who did not, who raced and who did not? There probably won't be any monetary awards coming this way, only equitable relief.

Also, it may get somewhat expensive if thousands of people join.....postage for paperwork to all the class members, etc. But Subaru maybe billed if you win.

.....Just some thoughts

 

Now if only they would ask SOA about the POS stock paint job on the Impreza, the bad rear wheel bearings or some of the other problems.

 

He means some kind of mediation or arbitration clause that was probably inserted into the contract. Usually companies like to weasel in a mandatory arbitration clause (arbitration usually favors the corporation- you're better off suing in court). And from what I know about Magnassun Moss, I don't think a dispute resolution section has to be in the warranty (I may be wrong). But you don't want to go to arbitration anyways.

Also, under Magnasson Moss, 15 United States Code

 

DOHCAMMIN:
He means some kind of mediation or arbitration clause that was probably inserted into the contract. Usually companies like to weasel in a mandatory arbitration clause (arbitration generally favors the corporation- you're better off suing in court). And from what I know about Magnassun Moss, I don't think a dispute resolution section has to be in the warranty (I may be wrong). But you don't want to go to arbitration anyways.

ScoobyDoobie:

First of all, I think that you need to determine who you want to sue. Subaru of America, or Jeff Wyler Subaru. Depending on whether you sue the manufacturer or the retailer, the requirements will differ. I recommend suing both.

Under Magnasson Moss, (15 United States Code sections 2301-2312), you may sue in either state (Ohio) court or Federal court. To bring a class action in Federal court, every individual claim must be in excess of 25 dollars, the total amount in controversy must exceed 50 thousand dollars, and the number of plaintiffs listed in your complaint must exceed 100 people. I have no clue as to Ohio's requirements.

In order for people to be included in this class and have standing to sue, they must have been damaged by the faulty warranty. So I guess what this means is that if you wish to join Scooby Doobie, you must have actually taken in your car, been rejected, and had your car fixed out of your own pocket.

If expert testimony is required (to determine if you thrashed your car or not), you can recover from SOA however much you had to pay the expert to testify for you (ifyou win), and you can also recover your attorney's fees, and possibly postage and costs for contacting your class (if you win).

You can also bring an action under the Uniform Commercial Code. SOA may have violated not only their warranty, but the implied warranty of merchantability which says that the car must at least run.

Finally you may also bring an action under any State Codes that you have that deal with warranties.

(Do not rely on anything I said 100%! Confirm with your counsel. I'm not a lawyer, just a law student. But I have worked closely with a very good consumer attorney in the past.)