New Update In The Subaru Defective Fuel Pump Lawsuit

Subaru's recent recall to replace a defective fuel pump manufactured by Denso in some new models should have been carried out without incident. But some owners claimed the automaker allegedly waited too long to order the fuel pump recall and filed multiple lawsuits against Subaru of America. Court records show new developments in the class-action lawsuit.

Subaru's first defective fuel pump recall in April 2020 covered the model year 2019 Subaru Impreza, Outback, Legacy, and Ascent vehicles. In August 2021, Subaru expanded the recall to include the 2018 Subaru Forester, 2018-2020 Outback, 2019-2020 Ascent, 2018-2020 Impreza, 2018-2020 Legacy, 2018-2019 WRX, and 2018-2019 BRZ vehicles.

Once Subaru of America announced the fuel pump recall, owners began filing lawsuits alleging Subaru waited too long to order the fuel pump recall. The class-action suits also alleged Subaru's recall didn't include all the affected vehicles.

The current class-action case consolidated four separate lawsuits and now includes 34 plaintiffs who allege all Subaru vehicles built since 2013 contain defective low-pressure Denso fuel pumps. The plaintiffs say Subaru's recall repairs are inadequate, and technicians don't know how to work on the fuel pumps properly.

The judge ruled in favor of Subaru of America

Subaru asked the court to dismiss the lawsuit saying the plaintiffs lack standing to bring claims based on states' laws where the plaintiffs "neither reside nor purchased their vehicles." Judge Joseph H. Rodriguez agreed and ruled in favor of Subaru.

Judge Rodriguez also dismissed a claim from one plaintiff because the plaintiff owns a Subaru vehicle that doesn't even contain the defective fuel pump in question. The court also rejected claims because the plaintiffs failed in their Warranty Act claims. One plaintiff had a fuel pump replaced for free under warranty.

The court also ruled in favor of Subaru over claims that the automaker lied in advertising the safety of its vehicles, along with their "dependability" and "reliability." Rodriguez says the advertising "represents the type of exaggerated statement regularly made by companies, which are unverifiable."

Additionally, the judge says, "most plaintiffs experienced no symptoms of the defect in their vehicles and did not bring their cars to Subaru for the repair of any kind. No plaintiffs allege that they suffered a physical injury while driving their Subaru vehicles, or rented a car at their own expense while having their vehicles repaired."

The court ruled against Subaru in one claim

Subaru argued the court should dismiss claims of twelve plaintiffs because they had fuel pumps replaced under the recall. The judge ruled against Subaru because the class action lawsuit doesn't say the plaintiffs received new fuel pumps. Subaru's internal records show the twelve vehicles received new fuel pumps. Still, the judge says he can't rely on those records.

What should Forester, Outback, Ascent, Impreza, Legacy, WRX, and BRZ owners do?

Have your vehicle updated with the new fuel pump in the current recall campaign. You can check your Subaru recall and VIN lookup here.

If you continue to have problems with your Subaru Forester, Outback, Ascent, Impreza, Legacy, WRX, or BRZ, you can report a safety issue with the NHTSA by going to their website or call 1-888-327-4236.