Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short answer: Whether or not you should join a Subaru class action lawsuit depends on the specifics of your situation.
Class action lawsuits usually involve a fairly narrow group of people all suffering from the same or similar problem. If you happen to be in such a group, joining a class action may be a good choice for you.
However, joining a class action lawsuit may not be the best route you can take to receive the maximum compensation pursuant to your lemon law rights.
California’s lemon law provides consumers who are dealing with defective vehicles a way to hold the manufacturer accountable for selling a defective product and allows the consumer to receive compensation.
In California, vehicles are considered lemons once the same issue in the vehicle has had a reasonable number of repair attempts to be fixed. This is often somewhere between two and four attempts, depending on how serious the defect is or how dangerous it can be.
Continue reading to find out more about California’s lemon law and how it compares to joining an ongoing Subaru class action lawsuit.
Subaru Class Action Lawsuits
Subaru has been the subject of various class action lawsuits in the past. Here are some recent examples of class action lawsuits that have either been filed or alleged against Subaru:
Subaru Thermo Control Valve Defect
2019-2021 Forester, Crosstrek, Legacy, and Outback models are alleged to be suffering from a defect that can cause their thermocontrol valve to crack and break due to high-temperature coolant running through it.
The defect is the material the valve is made of, which the lawsuit alleges is not strong enough to withstand the stresses the valve typically experiences. The lawsuit was filed November 24th, 2023, and can be found here.
Subaru Emergency Braking and Lanekeep Assist Defects
All Subaru cars made from 2013 to 2021 with automatic emergency braking and lanekeeping assist are impacted by this proposed class action, which alleges that the automatic braking system can be oversensitive and lead to harsh stops, while the lanekeeping assist will turn itself off while the vehicle is in motion and be inoperative until the vehicle restarts.
It is also possible that the front and back cameras, which assist in the functions of both allegedly defective parts, were improperly installed in many of these Subarus and are causing consumers problems with the other features that rely on them. The lawsuit has not been filed yet, but more information can be found here.
Subaru Starlink Defects
2019-2023 Outback, Forester, Legacy, and WRX models are impacted by this class action, which alleges that the Starlink touchscreen infotainment system does not work properly.
Consumers have described phantom inputs, a lack of responsiveness, freezing, rebooting, and more. The Starlink system is very important in the use of a consumer’s Subaru, as it also controls the backup camera. This lawsuit was filed April 4th, 2023, and can be found here.
3 Steps to Joining a Subaru Class Action Lawsuit
- Find Relevant Lawsuits: The first step any consumer looking to join a class action lawsuit should take is to do research into what class action lawsuits are being handled right now. The best way to do this is to visit org and go to the “Appliances & Automotive” section to filter by vehicle and appliance defects. Consumers can search by vehicle make or model to narrow their results and find applicable class actions.
- Eligibility Check: Before a consumer decides to join a class action, they should ensure they are eligible. The articles on classaction.org will include a list of impacted vehicles and model years, which is something consumers should compare to their own defective vehicles. Also, consumers should be sure that the problem they are experiencing is the same one alleged by the class. If this is not the case, a consumer likely will not be able to recover from that class action.
- Contact the Lawsuit Administrator: Since class action lawsuits are often large-scale and complex, a lawsuit administrator will be hired to manage the case and ensure it runs as smoothly as possible. Contacting these administrators puts your name on the radar for the class action, and the administrator can then verify that you would be eligible to join the class. Importantly, the lawsuit administrator also handles the final settlement distribution. Each class action lawsuit will typically have the attorneys working on the case listed somewhere as well: consumers who believe they may be eligible to join a class action may contact them as well.
Cautiously Consider Subaru Class Action Lawsuits
There are both upsides and downsides to joining a class action lawsuit. Below are some of the most important things to be aware of for each.
Class action lawsuits are significantly more “hands off” for any individual member of the class other than the lead plaintiff. This means that members of the class have fairly little to do other than wait for the case to be resolved or occasionally provide documentation if it is requested of them.
Attorney’s fees are also divided among all members of the class and covered by part of the settlement, meaning that the individual consumers will not bear any legal costs. Another benefit of a class action lawsuit is that it has the potential to be stronger than an individual claim because there is more evidence and more claims for the manufacturer to contend with.
The primary detriment of a class action is its inability to address any one issue directly and specifically. While all members of a class are suffering from the same issue in general, there may be specifics and nuances of a class member’s situation that require special care. A class action lawsuit generally is not the best place for such care because it is concerned with the average problem across the class, not any individual one.
This inability often manifests itself as a significantly reduced monetary amount, since the money is split among the entire class of plaintiffs. An individual claim that is brought may have additional problems that can be remedied through an increased settlement, which will not take place in a class action lawsuit.
Why a California Lemon Law Claim Could Be a Better Option
California lemon law claims primarily solve the individuality problem that class actions suffer from. As a lawsuit brought by an individual regarding their specific defective vehicle, the lawsuit will naturally be more specifically tailored to that consumer’s problems. The settlement will be similarly tailored, since it covers the specific problems suffered by that consumer.
Additionally, a lemon law claim will generally be a shorter process than a class action lawsuit because it is less complex procedurally. Lastly, because lemon law claims are individual lawsuits, the consumer bringing the lawsuit has more control over how the case moves forward.
It is important for consumers who plan on bringing a lemon law claim to know that attorney’s fees are covered under the California lemon law for plaintiffs who prevail in their case.
This means that if you win, you will not pay any attorney’s fees, and those fees do not come out of your settlement award. This makes having a strong advocate, like an experienced lemon law attorney, even more valuable for someone bringing a lemon law claim.
Empower Your Subaru Claim by Partnering with a California Lemon Law Attorney
If you are the owner of a Subaru and have discovered a defect in it, you would be best suited by contacting an experienced lemon law lawyer. The Lemon Law Experts have been helping consumers with their lemon law claims since 2009 and have thousands of satisfied clients behind them.
We can help evaluate your claim and determine the best course of action for your Subaru and its defects. Contact us today for a free case evaluation by calling (877) 885-5366 or by filling out our online form on our website!
