Honda Accused Of Hiding Acceleration Defect In Acura SUVs
12-16-2019, 09:56 PM
#1
Intermediate
Thread Starter
Honda Accused Of Hiding Acceleration Defect In Acura SUVs
Has anyone experienced what is being described below?
Law360 (December 16, 2019, 6:41 PM EST) -- Honda has been hit with a proposed class action in federal court in Miami alleging the company has knowingly concealed an acceleration defect affecting several recent models of the carmaker's luxury Acura line.
Coral Gables, Florida, resident Sandra M. Ferrera's Friday complaint describes what she called a frightening and potentially dangerous safety flaw in which Acura MDX and RDX sport utility vehicles have allegedly responded unexpectedly when the driver steps on the accelerator pedal. Instead of speeding up, the vehicles decelerated rapidly and stalled before suddenly regaining power, accelerating and resuming normal performance.
“This dangerous issue can arise 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,” the complaint said.
The complaint adds that the issue, said to affect 2016 to 2019 model year Acura MDX and RDX vehicles, leaves “drivers and passengers in a vehicle travelling [sic] at unexpected speeds in scenarios that may lead to loss of control, collision, bodily harm, and potentially death,” although it has not resulted in any known deaths or injuries to date.
In the brief time that she has owned her 2019 MDX, Ferrera said she has experienced rapid deceleration twice while driving on a highway. The first time, she was changing lanes and her vehicle seemed to shut down then regained power, although the electronics and air conditioning kept working the whole time, she said. The second time, she was driving straight and not changing lanes, she said.
Ferrera claims her husband has experienced similar issues while driving the vehicle.
Ferrera's complaint also includes several examples of more than 50 complaints that she said had been filed with the National Highway Traffic Safety Administration as of Friday by drivers of 2016-20 Acura MDX and RDX vehicles who described similar deceleration issues.
She alleges that Acura owner American Honda Motor Co. Inc., which is based in Torrance, California, had exclusive knowledge of the defect but knowingly concealed it from her and other consumers and failed to issue a vehicle recall.
“Plaintiff and other owners and lessees of the class vehicles have been misled by Acura’s long-term advertising and marketing campaigns regarding its vehicles’ exemplary safety, and omissions as to this defect,” the complaint said.
The proposed class action is intended to compel Acura to issues a recall for all the class vehicles — which the complaint estimates number in the tens of thousands nationwide, including thousands in Florida — to fix the deceleration issue and also seeks compensation to owners and lessors for monetary losses.
Ferrera claims that she and other potential class members have been deprived of the benefit of their bargain in buying or leasing their Acura MDX and RDX vehicles, saying she would not have paid the price she did had she known of the alleged defect and that the vehicles' resale values will be damaged.
The suit is also seeking to recover damages for out-of-pocket expenses that owners incurred paying for repairs for the issue and for rental cars or other alternative transportation.
The suit brings claims for violation of Florida's Deceptive and Unfair Trade Practices Act for Ferrera and a proposed subclass of Florida Acura owners and lessors, and for claims of fraud by concealment, violation of the Magnuson-Moss Warranty Act and unjust enrichment for a nationwide class.
“We look forward to redressing this dangerous defect on behalf of Acura owners,” Ferrera counsel Benjamin Widlanski of Kozyak Tropin & Throckmorton LLP said Monday.
A representative for Honda said Monday that it appeared the California-based company had not yet been served with the suit but does not typically comment on pending litigation.
Ferrera is represented by Benjamin Widlanski, Harley S. Tropin, Gail A. McQuilkin and Robert J. Neary of Kozyak Tropin & Throckmorton LLP.
Counsel information for Acura was not immediately available.
The case is Ferrera v. American Honda Motor Co. Inc., case number 1:19-cv-25153, in the U.S. District Court for the Southern District of Florida.
--Editing by Haylee Pearl.
Honda Accused Of Hiding Acceleration Defect In Acura SUVs
By Nathan HaleLaw360 (December 16, 2019, 6:41 PM EST) -- Honda has been hit with a proposed class action in federal court in Miami alleging the company has knowingly concealed an acceleration defect affecting several recent models of the carmaker's luxury Acura line.
Coral Gables, Florida, resident Sandra M. Ferrera's Friday complaint describes what she called a frightening and potentially dangerous safety flaw in which Acura MDX and RDX sport utility vehicles have allegedly responded unexpectedly when the driver steps on the accelerator pedal. Instead of speeding up, the vehicles decelerated rapidly and stalled before suddenly regaining power, accelerating and resuming normal performance.
“This dangerous issue can arise 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,” the complaint said.
The complaint adds that the issue, said to affect 2016 to 2019 model year Acura MDX and RDX vehicles, leaves “drivers and passengers in a vehicle travelling [sic] at unexpected speeds in scenarios that may lead to loss of control, collision, bodily harm, and potentially death,” although it has not resulted in any known deaths or injuries to date.
In the brief time that she has owned her 2019 MDX, Ferrera said she has experienced rapid deceleration twice while driving on a highway. The first time, she was changing lanes and her vehicle seemed to shut down then regained power, although the electronics and air conditioning kept working the whole time, she said. The second time, she was driving straight and not changing lanes, she said.
Ferrera claims her husband has experienced similar issues while driving the vehicle.
Ferrera's complaint also includes several examples of more than 50 complaints that she said had been filed with the National Highway Traffic Safety Administration as of Friday by drivers of 2016-20 Acura MDX and RDX vehicles who described similar deceleration issues.
She alleges that Acura owner American Honda Motor Co. Inc., which is based in Torrance, California, had exclusive knowledge of the defect but knowingly concealed it from her and other consumers and failed to issue a vehicle recall.
“Plaintiff and other owners and lessees of the class vehicles have been misled by Acura’s long-term advertising and marketing campaigns regarding its vehicles’ exemplary safety, and omissions as to this defect,” the complaint said.
The proposed class action is intended to compel Acura to issues a recall for all the class vehicles — which the complaint estimates number in the tens of thousands nationwide, including thousands in Florida — to fix the deceleration issue and also seeks compensation to owners and lessors for monetary losses.
Ferrera claims that she and other potential class members have been deprived of the benefit of their bargain in buying or leasing their Acura MDX and RDX vehicles, saying she would not have paid the price she did had she known of the alleged defect and that the vehicles' resale values will be damaged.
The suit is also seeking to recover damages for out-of-pocket expenses that owners incurred paying for repairs for the issue and for rental cars or other alternative transportation.
The suit brings claims for violation of Florida's Deceptive and Unfair Trade Practices Act for Ferrera and a proposed subclass of Florida Acura owners and lessors, and for claims of fraud by concealment, violation of the Magnuson-Moss Warranty Act and unjust enrichment for a nationwide class.
“We look forward to redressing this dangerous defect on behalf of Acura owners,” Ferrera counsel Benjamin Widlanski of Kozyak Tropin & Throckmorton LLP said Monday.
A representative for Honda said Monday that it appeared the California-based company had not yet been served with the suit but does not typically comment on pending litigation.
Ferrera is represented by Benjamin Widlanski, Harley S. Tropin, Gail A. McQuilkin and Robert J. Neary of Kozyak Tropin & Throckmorton LLP.
Counsel information for Acura was not immediately available.
The case is Ferrera v. American Honda Motor Co. Inc., case number 1:19-cv-25153, in the U.S. District Court for the Southern District of Florida.
--Editing by Haylee Pearl.
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pilozm (12-22-2019)
12-17-2019, 06:07 AM
#2
Burning Brakes
News to me. But I will be watching what happens here and will check with the Mrs. who is the daily driver our MDX and drives it 99% of the time. She has certainly never mentioned anything about this issue.
12-17-2019, 07:17 AM
#3
mrgold35
Does it include the MDX Sport Hybrid? It would point to a larger issue if this was extended to the 2nd Gen 16-18 and 3rd Gen 19-20 RDXs. How different are the powertrain+ECU programming with the 3.5L TLX and RLX compared to the MDX/RDX?
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pilozm (12-22-2019)
12-17-2019, 07:34 AM
#4
Racer
From the way Im reading this it appears the OP or the at least the complaintant does not understand how the car works. Yes, I have also experienced this. It has always been when approaching another car. The sensors see an obsteuction and since the driver is not the car reacts to avoid a collision. The solution I have found is to not get into those situations. It can still occur, especially at highway speeds and cars ahead move into a turn lane. The front radar sensor appears to be a bit too broad. Narrow its field of vision would probably take care of the issue easily enough.
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wallyo (01-20-2020)
12-17-2019, 08:29 AM
#5
mrgold35
From the way Im reading this it appears the OP or the at least the complaintant does not understand how the car works. Yes, I have also experienced this. It has always been when approaching another car. The sensors see an obsteuction and since the driver is not the car reacts to avoid a collision. The solution I have found is to not get into those situations. It can still occur, especially at highway speeds and cars ahead move into a turn lane. The front radar sensor appears to be a bit too broad. Narrow its field of vision would probably take care of the issue easily enough.
It usually takes me some time of trial and error, reading forums, watching YouTube, and reading the manual to learn all the ways each of my vehicle drives and how it reacts in different situations.
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wallyo (01-20-2020)
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12-17-2019, 11:46 AM
#8
I'm thinking you hit the nail on the head on this one. Even my 11 MDX Adv with the 1st Gen AcuraWatch does the same thing; especially, on curves with another vehicle in the radar's direct line of sight as I pass. I've just unconsciously put my foot on the gas to override the ACC without missing a beat. Noticed my 19 MDX and 18 RLX are REALLY sensitive in those exact situations and they apply more brake and/or engine braking compared to my 11 MDX. I just do the same thing and override with the gas pedal as I pass on a curve if the ACC/CMBS has a false engagement.
It usually takes me some time of trial and error, reading forums, watching YouTube, and reading the manual to learn all the ways each of my vehicle drives and how it reacts in different situations.
It usually takes me some time of trial and error, reading forums, watching YouTube, and reading the manual to learn all the ways each of my vehicle drives and how it reacts in different situations.
12-17-2019, 12:32 PM
#9
it sounds to me that the deceleration is caused when the car is using the active cruise control and the car in front gets closer than the threshold.
I never experienced deceleration. However I did experience twice car generated panic stop from the collision avoidance system for no good reason.
I never experienced deceleration. However I did experience twice car generated panic stop from the collision avoidance system for no good reason.
12-17-2019, 12:33 PM
#10
Burning Brakes
Would disabling a feature such as this not defeat the entire safety first direction Honda/Acura has introduced to their customer base over the years? Is this a design flaw or even a defect? Honda/Acura will say no and stand behind that firmly. Arguing this may be a lengthy process I am sure Honda/Acura has not overlooked and may end up going nowhere.
12-17-2019, 01:20 PM
#12
This has nothing to do with any sensors or objects in front/side causing the vehicle to lose acceleration. There is a slippage, grinding noise (gears grinding perhaps) and feels like the vehicle is in neutral for several seconds. Then you can feel the gears catching and the vehicle accelerates again. That is the best case scenario (if you can call it that). The worst case scenario is that the grinding doesn't stop, no acceleration, the dashboard lights up with a "transmission error" message, and you have to pull over to the side hoping you don't get hit from behind. Vehicle is stuck in neutral even after turning off/on the ignition. This is on a 2016 MDX with the 9 speed push button transmission that is impossible to shift into neutral on-the-fly. Acura knows this to be an issue as they have stated my diagnostics showed a lot of error codes with the transmission, but because they "couldn't replicate the problem" on their test drives, my car was returned to me without finding any issues.
12-17-2019, 01:57 PM
#13
Burning Brakes
This has nothing to do with any sensors or objects in front/side causing the vehicle to lose acceleration. There is a slippage, grinding noise (gears grinding perhaps) and feels like the vehicle is in neutral for several seconds. Then you can feel the gears catching and the vehicle accelerates again. That is the best case scenario (if you can call it that). The worst case scenario is that the grinding doesn't stop, no acceleration, the dashboard lights up with a "transmission error" message, and you have to pull over to the side hoping you don't get hit from behind. Vehicle is stuck in neutral even after turning off/on the ignition. This is on a 2016 MDX with the 9 speed push button transmission that is impossible to shift into neutral on-the-fly. Acura knows this to be an issue as they have stated my diagnostics showed a lot of error codes with the transmission, but because they "couldn't replicate the problem" on their test drives, my car was returned to me without finding any issues.
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E92Vancouver (12-27-2019)
12-18-2019, 08:49 AM
#15
They should give you a free loaner and keep the car at the service department until they can replicate the issue. They shouldn't be returning the car to you with existing diagnostic codes.
12-18-2019, 05:23 PM
#18
Racer
this thread has absolutely NOTHING to do with the transmission. The OPs posting is discussing a non exient iasue with the safety festures related to the cruise control.
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E92Vancouver (12-27-2019)
12-18-2019, 11:47 PM
#22
Omfg
Guy's I just purchased a preowned 2016 Acura MDX (YD3) with 26,700 miles. At first, I was thinking I was driving the YD3 wrong, my wife drove and also had the same issue. Its a software glitch. I have taken our YD3 to the service twice. First time the acceleration did not compute instantly and had a lag. 2nd fix the acceleration was way to harsh, shift points are harsh. Now the service advisor is saying that the computer needs 500 miles of drive time to learn how my drive is. WTF?
Okay, I will wait for the 500 mile drive and see if this changes ... not. I will call the service and have them keep this car. I am sad I gave up my 2017 Toyota Tacoma Limited for this car.
I will also file my complaint with the NTSA.
Okay, I will wait for the 500 mile drive and see if this changes ... not. I will call the service and have them keep this car. I am sad I gave up my 2017 Toyota Tacoma Limited for this car.
I will also file my complaint with the NTSA.
12-19-2019, 08:32 AM
#24
mrgold35
Sounds like another reason to go for the MDX Sport Hybrid if you don't need towing (bikes and cargo carrier only).
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wallyo (01-20-2020)
12-19-2019, 10:09 AM
#25
Would be great if Hybrid users could stop gloating for a sec...Hybrids are about 3% of MDX production and Acura made it that way to constrain supply and drive prices up, the primary reason I could not get one when I bought mine.
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E92Vancouver (12-27-2019)
12-19-2019, 11:00 AM
#26
Burning Brakes
Not gloating. It is a great ride. Even with a limited supply, deals are out there AND there are actually some pre-owned options starting to show up.
Last edited by moose66; 12-19-2019 at 11:08 AM.
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mrgold35 (12-19-2019)
12-19-2019, 12:55 PM
#27
1st Gear
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Acura MDX 2016 deceleration
We are the second owners of a 2016 MDX SH-AWD. We have enjoyed the sporty-ness of the vehicle and its upgrade from our 2011 Honda Odyssey. UNTIL we experienced three separate deceleration events. All were similar if not identical: driving on the highway around 65-75 mph. Car suddenly drops into neutral. Pressing gas revs engine. Letting off gas and w/n a few seconds, car shifts back into gear. We had multiple conversations and discussions with the local Acura dealership (who was not the selling dealership) and with Acura home office. It was difficult to get cooperation, more so from the home office. A code was created on multiple times (don’t have it with me but can pull up for those who are curious) P-something. After many frustrating discussions, Acura agreed to replace our transmission on their dime. They also offered us $500 on top of this transmission to never bring it up again basically sting that any future problem is on us! We have not had the same issue from this new transmission and are holding our breath. Would rather be done with the car to be honest even though it drives nice. Think Lexus or Toyota has their number on reliability. This does seem to be an issue and waiting until someone does get hurt doesn’t seem like the best solution.
12-19-2019, 02:06 PM
#28
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My 2016 MDX has done this 11 documented times. It has never happened while the cruise control was in use. It is not a transmission shifting issue. It is the engine decelerating and not responding to the accelerator pedal for a couple of seconds. It is extremely dangerous, but unfortunately, it is also extremely difficult to diagnose as it happens very intermittently and never sets any fault codes.
12-19-2019, 07:36 PM
#29
In addition to a much better transmission, we also like to gloat about over 35% better MPG!
As far as constraints in supply, when I bought my hybrid, I went to 4 different dealers. All of them had them (some a couple), and most of them were willing to play ball with me with the price.
12-20-2019, 10:34 AM
#31
mrgold35
I was able to get the price I wanted on my new 19 MDX hybrid from my local Acura dealership in March/19 only because they knew I was willing to travel to another state with my Costco and USAA car buying service prices. Saved me the time and travel cost when my local dealership met my price.
I actually flew from NM to Neillo Acura in Roseville, CA, to pick up my CPO 18 RLX Sport Hybrid a few weeks ago. They had the best deal I could find AND the color combo the wife wanted (red/ebony). It still came out cheaper for both of us fly one way to San Jose, rent a car one way to Roseville, 2-days of hotels in Reno & Las Vegas, food, and gas compared to other dealership prices for RLXs with similar year and mileage from other dealerships. They even worked out an deal to drive the RLX 2 hours to Reno Nevada to sign/notorized the final paper work so I didn't have to pay CA state tax on the vehicle (+$3000 for CA compared to $1500 for NM). Worked out perfectly because that was the way were were heading home anyways for our first 2 day road trip in the RLX (got no less than 31 mpg and as high as 34 mpg at 75-80 mph the +14 hrs back home).
I haven't experienced any of the 9AT MDX potential class action lawsuit isues with either sport hybrid (MDX +11,000 miles, RLX +9000 miles). I even put +7500 miles driving 6 round-trips 20-22 hours round-trip from ABQ to San Antonio in the 19 MDX and it hasn't shown any issues stated above other than normal ACC/CMBS quirks when passing a vehicle on a curve sometimes.
I actually flew from NM to Neillo Acura in Roseville, CA, to pick up my CPO 18 RLX Sport Hybrid a few weeks ago. They had the best deal I could find AND the color combo the wife wanted (red/ebony). It still came out cheaper for both of us fly one way to San Jose, rent a car one way to Roseville, 2-days of hotels in Reno & Las Vegas, food, and gas compared to other dealership prices for RLXs with similar year and mileage from other dealerships. They even worked out an deal to drive the RLX 2 hours to Reno Nevada to sign/notorized the final paper work so I didn't have to pay CA state tax on the vehicle (+$3000 for CA compared to $1500 for NM). Worked out perfectly because that was the way were were heading home anyways for our first 2 day road trip in the RLX (got no less than 31 mpg and as high as 34 mpg at 75-80 mph the +14 hrs back home).
I haven't experienced any of the 9AT MDX potential class action lawsuit isues with either sport hybrid (MDX +11,000 miles, RLX +9000 miles). I even put +7500 miles driving 6 round-trips 20-22 hours round-trip from ABQ to San Antonio in the 19 MDX and it hasn't shown any issues stated above other than normal ACC/CMBS quirks when passing a vehicle on a curve sometimes.
12-21-2019, 01:30 AM
#32
I am really happy for hybrid owners but hth does this help the rest 98% of us MY 2016+ MDX buyers who are stuck with the ZF9? May be hybrid owners should have their own forum like 2G and 1G folks do.
12-27-2019, 07:18 AM
#33
Has anyone experienced what is being described below?
Law360 (December 16, 2019, 6:41 PM EST) -- Honda has been hit with a proposed class action in federal court in Miami alleging the company has knowingly concealed an acceleration defect affecting several recent models of the carmaker's luxury Acura line.
Coral Gables, Florida, resident Sandra M. Ferrera's Friday complaint describes what she called a frightening and potentially dangerous safety flaw in which Acura MDX and RDX sport utility vehicles have allegedly responded unexpectedly when the driver steps on the accelerator pedal. Instead of speeding up, the vehicles decelerated rapidly and stalled before suddenly regaining power, accelerating and resuming normal performance.
“This dangerous issue can arise 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,” the complaint said.
The complaint adds that the issue, said to affect 2016 to 2019 model year Acura MDX and RDX vehicles, leaves “drivers and passengers in a vehicle travelling [sic] at unexpected speeds in scenarios that may lead to loss of control, collision, bodily harm, and potentially death,” although it has not resulted in any known deaths or injuries to date.
In the brief time that she has owned her 2019 MDX, Ferrera said she has experienced rapid deceleration twice while driving on a highway. The first time, she was changing lanes and her vehicle seemed to shut down then regained power, although the electronics and air conditioning kept working the whole time, she said. The second time, she was driving straight and not changing lanes, she said.
Ferrera claims her husband has experienced similar issues while driving the vehicle.
Ferrera's complaint also includes several examples of more than 50 complaints that she said had been filed with the National Highway Traffic Safety Administration as of Friday by drivers of 2016-20 Acura MDX and RDX vehicles who described similar deceleration issues.
She alleges that Acura owner American Honda Motor Co. Inc., which is based in Torrance, California, had exclusive knowledge of the defect but knowingly concealed it from her and other consumers and failed to issue a vehicle recall.
“Plaintiff and other owners and lessees of the class vehicles have been misled by Acura’s long-term advertising and marketing campaigns regarding its vehicles’ exemplary safety, and omissions as to this defect,” the complaint said.
The proposed class action is intended to compel Acura to issues a recall for all the class vehicles — which the complaint estimates number in the tens of thousands nationwide, including thousands in Florida — to fix the deceleration issue and also seeks compensation to owners and lessors for monetary losses.
Ferrera claims that she and other potential class members have been deprived of the benefit of their bargain in buying or leasing their Acura MDX and RDX vehicles, saying she would not have paid the price she did had she known of the alleged defect and that the vehicles' resale values will be damaged.
The suit is also seeking to recover damages for out-of-pocket expenses that owners incurred paying for repairs for the issue and for rental cars or other alternative transportation.
The suit brings claims for violation of Florida's Deceptive and Unfair Trade Practices Act for Ferrera and a proposed subclass of Florida Acura owners and lessors, and for claims of fraud by concealment, violation of the Magnuson-Moss Warranty Act and unjust enrichment for a nationwide class.
“We look forward to redressing this dangerous defect on behalf of Acura owners,” Ferrera counsel Benjamin Widlanski of Kozyak Tropin & Throckmorton LLP said Monday.
A representative for Honda said Monday that it appeared the California-based company had not yet been served with the suit but does not typically comment on pending litigation.
Ferrera is represented by Benjamin Widlanski, Harley S. Tropin, Gail A. McQuilkin and Robert J. Neary of Kozyak Tropin & Throckmorton LLP.
Counsel information for Acura was not immediately available.
The case is Ferrera v. American Honda Motor Co. Inc., case number 1:19-cv-25153, in the U.S. District Court for the Southern District of Florida.
--Editing by Haylee Pearl.
Honda Accused Of Hiding Acceleration Defect In Acura SUVs
By Nathan HaleLaw360 (December 16, 2019, 6:41 PM EST) -- Honda has been hit with a proposed class action in federal court in Miami alleging the company has knowingly concealed an acceleration defect affecting several recent models of the carmaker's luxury Acura line.
Coral Gables, Florida, resident Sandra M. Ferrera's Friday complaint describes what she called a frightening and potentially dangerous safety flaw in which Acura MDX and RDX sport utility vehicles have allegedly responded unexpectedly when the driver steps on the accelerator pedal. Instead of speeding up, the vehicles decelerated rapidly and stalled before suddenly regaining power, accelerating and resuming normal performance.
“This dangerous issue can arise 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,” the complaint said.
The complaint adds that the issue, said to affect 2016 to 2019 model year Acura MDX and RDX vehicles, leaves “drivers and passengers in a vehicle travelling [sic] at unexpected speeds in scenarios that may lead to loss of control, collision, bodily harm, and potentially death,” although it has not resulted in any known deaths or injuries to date.
In the brief time that she has owned her 2019 MDX, Ferrera said she has experienced rapid deceleration twice while driving on a highway. The first time, she was changing lanes and her vehicle seemed to shut down then regained power, although the electronics and air conditioning kept working the whole time, she said. The second time, she was driving straight and not changing lanes, she said.
Ferrera claims her husband has experienced similar issues while driving the vehicle.
Ferrera's complaint also includes several examples of more than 50 complaints that she said had been filed with the National Highway Traffic Safety Administration as of Friday by drivers of 2016-20 Acura MDX and RDX vehicles who described similar deceleration issues.
She alleges that Acura owner American Honda Motor Co. Inc., which is based in Torrance, California, had exclusive knowledge of the defect but knowingly concealed it from her and other consumers and failed to issue a vehicle recall.
“Plaintiff and other owners and lessees of the class vehicles have been misled by Acura’s long-term advertising and marketing campaigns regarding its vehicles’ exemplary safety, and omissions as to this defect,” the complaint said.
The proposed class action is intended to compel Acura to issues a recall for all the class vehicles — which the complaint estimates number in the tens of thousands nationwide, including thousands in Florida — to fix the deceleration issue and also seeks compensation to owners and lessors for monetary losses.
Ferrera claims that she and other potential class members have been deprived of the benefit of their bargain in buying or leasing their Acura MDX and RDX vehicles, saying she would not have paid the price she did had she known of the alleged defect and that the vehicles' resale values will be damaged.
The suit is also seeking to recover damages for out-of-pocket expenses that owners incurred paying for repairs for the issue and for rental cars or other alternative transportation.
The suit brings claims for violation of Florida's Deceptive and Unfair Trade Practices Act for Ferrera and a proposed subclass of Florida Acura owners and lessors, and for claims of fraud by concealment, violation of the Magnuson-Moss Warranty Act and unjust enrichment for a nationwide class.
“We look forward to redressing this dangerous defect on behalf of Acura owners,” Ferrera counsel Benjamin Widlanski of Kozyak Tropin & Throckmorton LLP said Monday.
A representative for Honda said Monday that it appeared the California-based company had not yet been served with the suit but does not typically comment on pending litigation.
Ferrera is represented by Benjamin Widlanski, Harley S. Tropin, Gail A. McQuilkin and Robert J. Neary of Kozyak Tropin & Throckmorton LLP.
Counsel information for Acura was not immediately available.
The case is Ferrera v. American Honda Motor Co. Inc., case number 1:19-cv-25153, in the U.S. District Court for the Southern District of Florida.
--Editing by Haylee Pearl.
If there are any lawyers reading my response that are defending Acura, please contact me as I would be pleased to testify on behalf of Acura's defense that this is not an issue. This happens to me often and has never been an issue. Would the plaintiffs prefer that the vehicle accelerate when the car senses an imminent collision???
12-27-2019, 07:21 AM
#34
This has nothing to do with any sensors or objects in front/side causing the vehicle to lose acceleration. There is a slippage, grinding noise (gears grinding perhaps) and feels like the vehicle is in neutral for several seconds. Then you can feel the gears catching and the vehicle accelerates again. That is the best case scenario (if you can call it that). The worst case scenario is that the grinding doesn't stop, no acceleration, the dashboard lights up with a "transmission error" message, and you have to pull over to the side hoping you don't get hit from behind. Vehicle is stuck in neutral even after turning off/on the ignition. This is on a 2016 MDX with the 9 speed push button transmission that is impossible to shift into neutral on-the-fly. Acura knows this to be an issue as they have stated my diagnostics showed a lot of error codes with the transmission, but because they "couldn't replicate the problem" on their test drives, my car was returned to me without finding any issues.
12-27-2019, 07:12 PM
#35
2G TLX-S
What a ridiculous lawsuit. Yes, my MDX does do this. It is because the adaptive cruise control thinks the car is about to collide with an object. The fix is easy. One light tap on the brake pedal or pushing the cancel button on the steering wheel yields control of the vehicle back to the driver. If the plaintiffs are not smart enough to figure this out, they should be sued for lack of common sense. They should try reading the manual and should not be on the road.
If there are any lawyers reading my response that are defending Acura, please contact me as I would be pleased to testify on behalf of Acura's defense that this is not an issue. This happens to me often and has never been an issue. Would the plaintiffs prefer that the vehicle accelerate when the car senses an imminent collision???
If there are any lawyers reading my response that are defending Acura, please contact me as I would be pleased to testify on behalf of Acura's defense that this is not an issue. This happens to me often and has never been an issue. Would the plaintiffs prefer that the vehicle accelerate when the car senses an imminent collision???
Therefore it is crucial that products, selling in North America, must be FOOL-proof.
12-27-2019, 08:57 PM
#36
Burning Brakes
I noticed an odd phenomenon with my '17 when I used to pull out of a gravel driveway in my yard, over a small curb and onto the street. Invariably the MDX would hesitate and I couldn't accelerate for a couple of seconds after pulling nose-first into the street. Took me almost a year to realize it was the collision mitigation thinking there was something in front of me, due to the downward angle to the street. It kept me from accelerating until it figured out there wasn't an obstruction, and then was on my way. Strange feeling till you figure it out.......
12-30-2019, 09:21 AM
#37
My issue has everything to do with this lawsuit and has nothing to do with the adaptive cruise control you mentioned. In fact, I do not use the adaptive cruise control whatsoever nor does the lawsuit mention any use of cruise control when the issue occurs. Your suggestion was to tap on the brakes on a vehicle that has already lost considerable acceleration in highway traffic in excess of 70 MPH. I am not a party to this lawsuit, just stating what has occurred on my 2016 MDX. As for me seeing the dealer, I have several times and every time, their mechanics cannot replicate the issue. Thus, resulting in them giving my vehicle back without any resolution.
01-07-2020, 12:57 PM
#38
I feel pretty certain that this lawsuit isn't an issue with the automatic braking or the radar cruise, but Honda's continued problems with ZF-9 transmission. I'm surprised since the complaint seems to come more from Pilot owners than from MDX owners. They updated transmission hardware and software in for MY 2019... obviously everything wasn't perfect. As complicated as a 9-speed transmission with IDS software controlling it can get, I'm not surprised it's hard to get right.
"Sometimes when I hit the gas pedal, it doesn't go." I'm not sure whether that merits a full blown class action lawsuit and recall effort. I get that it sucks, but it's a far cry from recalls in response to multiple crashes and injuries and/or deaths.
Seems like a lot of people have perfectly fine experiences with their ZF-9 and some done.
https://www.cars.com/articles/2019-h...1420702650020/
https://www.thetruthaboutcars.com/20...-transmission/
"Sometimes when I hit the gas pedal, it doesn't go." I'm not sure whether that merits a full blown class action lawsuit and recall effort. I get that it sucks, but it's a far cry from recalls in response to multiple crashes and injuries and/or deaths.
Seems like a lot of people have perfectly fine experiences with their ZF-9 and some done.
https://www.cars.com/articles/2019-h...1420702650020/
https://www.thetruthaboutcars.com/20...-transmission/
01-13-2020, 11:13 AM
#39
I have faced this at lower speeds too on my 15 TLX and no there was no ACC in play. Its that Damn ZF9 speed.
01-13-2020, 11:25 AM
#40
Racer