— A Subaru Starlink lawsuit is moving through the legal system as eight of the 16 named plaintiffs voluntarily dismissed their claims when Subaru filed a motion to compel arbitration.
The plaintiffs contend the only way to repair the Starlink systems is to replace the display screens in these vehicles.
- 2019-2023 Subaru Outback
- 2019-2023 Subaru Legacy
- 2019-2023 Subaru Forester
- 2019-2023 Subaru WRX
However, the Starlink lawsuit says replacing the screens won't last because the replacements are just as defective as the original infotainment systems.
Dealership repairs and software updates also allegedly don't help.
According to the Subaru Starlink infotainment system class action lawsuit, the systems freeze and fail without warning. A driver will allegedly lose the navigation system, backup camera image, the cell phone functions and the audio and video controls.
In addition, a system called Subaru EyeSight will also allegedly fail. And the class action further alleges the Starlink systems may act as though someone is touching the inputs on the screens when no one is near the screen.
A previous Subaru Starlink class action (Udeen v. Subaru) was settled in 2020 regarding 2017-2018 Subaru vehicles, whereas this latest infotainment system lawsuit involved 2019-2023 models. The previously settled Starlink lawsuit also involved Starlink head units made by Harmon.
Subaru began using systems built by Denso, but this class action alleges the Denso Starlink units are also defective.
Motion to Dismiss the Subaru Starlink Lawsuit
Subaru begins it's motion to dismiss by pointing out how 50% of the plaintiffs already voluntarily dismissed their claims. This means five claims have been dismissed entirely.
Subaru also argues the plaintiffs allegedly want perfection from the software for the Starlink systems. In the warranty information owners are informed about software updates the automaker considers routine maintenance.
"Regular updates to optimize performance and fix issues are not anomalies; they are industry standards." — Subaru
Subaru also says a nationwide class action should be out of play because the plaintiffs allegedly lack standing to assert claims on behalf of vehicle owners in 44 states.
The automaker also argues the plaintiffs claim advertising statements from Subaru violate express warranties, but allegedly, "it is crucial to emphasize that such generic pronouncements are not legally sufficient to establish an express warranty.“
According to Subaru, to plead a breach of express warranty there must be a clear indication, "of the promise or statement made, its source, and its content." However, Subaru told the judge the plaintiffs fail to do this.
The Subaru Starlink lawsuit was filed in the U.S. District Court for the District of New Jersey: Cilluffo, et al., v. Subaru of America, Inc., et al.
The plaintiffs are represented by Ahdoot & Wolfson, PC.
