Subaru Too-Small Recall of Denso Fuel Pump Vehicles Class Action

This class action concerns a defective low-pressure Denso fuel pump installed in various Subaru vehicles. Subaru has recalled a number of these vehicles, but the complaint alleges that the defective fuel pump was installed in many more than are covered in the recall. Subaru of America, Inc. and Denso International America, Inc. are the defendants.

The class for this action is all persons who bought or leased a 2015-2019 Subaru Impreza, Ascent, Legacy, Outback, Forester, Crosstrek, or WRX, for use and not for resale in the US, including the District of Columbia, Puerto Rico, and other US territories and protectorates.

Alternatively, the complaint proposes a Hawaii Multistate Class of all persons who bought or leased one of the vehicles listed for use and not for resale, in Hawaii and states with similar laws.

What’s the problem with the fuel pumps? The complaint quotes Denso as saying, “An impeller in some low pressure fuel pumps may become deformed under certain conditions which could render the fuel pump inoperable.” In other words, the impeller can absorb too much fuel and swell, thus possibly getting in the way of the assembly.

Denso says that if “an impeller is manufactured with a lower density, and contains a lower surface strength or is exposed to production solvent drying for a longer period of time, higher levels of surface cracking may occur which, when excessive fuel absorption occurs, may result in impeller deformation…”

The effect of this is that the swollen impeller prevents the fuel injection system from feeding the fuel properly, which is a safety hazard. Possible effects on the vehicle are the engine not starting, rough engine running, and stalls when in motion. Especially at higher speeds, this can put drivers and others in danger of a crash.

Subaru has issued a recall for more than 188,000 vehicles, including the 2019 Impreza, Ascent, Legacy, and Outback. However, this covers only vehicles installed with the defective fuel pumps made between April 2018 and July 2018, a four-month period.

The problem is that Denso’s recall of its fuel pumps covers a thirteen-month period, from September 1, 2017 to October 6, 2018, and more than 2,000,000 vehicles. The complaint thus contends that the recall does not cover all vehicles equipped with the defective fuel pumps. (Denso does not notify vehicle owners; it notifies manufacturers and leaves it up to the manufacturers to notify owners or lessors.)

According to the complaint, Subaru recalled only vehicles with fuel pump impellers that had gone through solvent drying for longer periods of time. However, this does not explain why its recall involves fewer vehicles than Denso’s recall.

The complaint alleges, “Reports of faulty fuel pumps and problems associated with inoperative fuel pumps, such as vehicles stalling while driving, have been made by owners and lessees to the National Highway Traffic Safety Administration (‘NHTSA’) dating back to 2015, or earlier.” It points out that another manufacturer which uses the Denso pumps has recalled vehicles from 2013.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Fuel Pumps