When you’re driving at high speeds, you rely on your car’s dependability to keep you safe. However, the complaint for this class action alleges that 2016-2020 Acura MDX and RDX models from American Honda Motor Company, Inc. have a defect that makes them sometimes decelerate, stall, shut down, and then resume operation, endangering the driver, the passengers, and the vehicles around them.
The Nationwide Class for this action is all person in the US who currently own or lease, or who used to own or lease, a 2016-2010 Acura MDX or RDX vehicle. There is also a Florida Subclass.
The complaint describes the problem this way: “Rather than accelerate in response to the driver compressing the accelerator pedal, select Acura models decelerate rapidly, stall, and effectively shut down without warning, and then suddenly regain power and continue to operate as if nothing had occurred.”
“This dangerous issue” can happen unexpectedly, “at high speeds, such as when changing lanes or passing other vehicles on the highway, when reliable acceleration is required for driver and passenger safety.” It “may lead to loss of control, collision, bodily harm, and potentially death.”
The complaint alleges that the company is aware, or should be aware of this problem already, through customer repair requests at dealerships, from complaints to the National Highway Traffic Safety Administration (NHTSA), as well as from various recalls.
Acura is supposed to be Honda’s luxury vehicle brand. However, the complaint claims that the company has concealed the defect from customers: It has not notified vehicle owners, has not recalled the vehicles, and continues to sell the vehicles without warning potential buyers of the problem.
Plaintiff Sandra M. Ferrera leases an Acura MDX, and she has experienced the problem twice, both times while she was driving on a highway.
The first time it happened, she was changing lanes. The complaint says that the “vehicle seemed to shut down, although the electronics and air conditioning continued to function. The vehicle decelerated rapidly, until it suddenly regained power.” The second time it occurred, Ferrara was driving straight, not changing lanes or passing. A third deceleration event occurred when her husband was driving the vehicle.
The complaint alleges that the NHTSA website has over fifty similar complaints:
“....I was passing a dump truck…. I had just accelerated to complete the pass. As I was completing the pass, the engine lost power and the engine malfunction light began blinking…. The car decelerated and would not go over 20 mph. I was quickly able to pull onto the shoulder to avoid being hit by the truck I just passed….”
“[My] vehicle lost all engine power when accelerating to pass…. Very dangerous if passing on a 2 lane highway.”
“This happened 4 times…”