— A Mazda class action lawsuit alleges 2017-present vehicles have "defects" because drivers may be confused by the instructions on the displays which say, “Depress Brake Pedal to Start Vehicle.”
Mazda drivers are allegedly confused when vehicles are in Accessory modes or Ignition-on modes, rather than Engine-on modes, such that the engines are not running.
Drivers are also allegedly not informed "how to properly switch the vehicle from Ignition-on mode to Engine-on mode."
The Mazda class action lawsuit includes:
"All persons or entities in the United States (including its territories and the District of Columbia) that purchased or leased a Class Vehicle."
Those vehicles are "2017 model year through present Mazda-branded vehicles."
Mazda Class Action Lawsuit — The Plaintiff
The Mazda class action lawsuit was filed by Pennsylvania plaintiff Joshua Meltzer who purchased a new 2024 Mazda CX-50 in May 2024. The plaintiff says he told his daughter how to use the vehicle, but about two weeks later his daughter attempted to drive the Mazda CX-50.
The class action lawsuit doesn't mention the age of his daughter.
According to the lawsuit:
"She pressed the Stop-Start button. The display then informed her “Depress Brake to Start Vehicle.” She then depressed the brake and shifted the vehicle out of Park and into Drive. The vehicle immediately began to roll backwards. She attempted to control the vehicle, including pressing the brakes, but both the power brakes and power steering were unresponsive."
The plaintiff asserts his daughter was unable to "control the vehicle and in fear for her life, she jumped from the driver’s door."
The lawsuit alleges the Mazda rolled until it jumped a curb and hit a neighbor's tree. The Mazda CX-50 hasn't been repaired, but the plaintiff says he had to pay for repairs to his neighbor’s yard.
The Mazda class action lawsuit, filed for more than $5 million, alleges the CX-50 was towed to a dealership where the vehicle was inspected by the dealer and Mazda. Mazda determined the vehicle did not malfunction but performed as intended.
"In particular, the service manager at the dealership informed Plaintiff that the accident occurred because the driver shifted the vehicle into Drive while the vehicle was in Accessory mode, which makes the car “impossible” to stop. Moreover, the service manager herself revealed that she had experienced this same situation when first using a Mazda vehicle with push-button start." — Mazda class action lawsuit
It seems the point of the Mazda class action is a driver can mistakenly believe the vehicle is in Engine-on mode and shift the vehicle out of PARK and into DRIVE or REVERSE when the vehicle is really in Ignition-on mode.
According to the Mazda class action lawsuit:
"Shifting a vehicle out of Park when the engine in Ignition-on mode but not in Engine-on mode unlocks the wheels such that the vehicle can then rollaway, causing a collision. Because the engine is not on, the vehicle has no power to the engine, the transmission, or power steering, making it impossible for the driver to control a rolling vehicle through braking or steering or otherwise."
Mazda has allegedly transferred the cost of repairs to customers because Mazda will not pay to repair the alleged defects.
And as repeated in every automotive class action lawsuit in the U.S.: "Had Mazda disclosed the Defect, Plaintiffs and the Class Members would not have purchased their vehicles or would have paid less for them."
Mazda customers allegedly overpaid for their vehicles because the vehicles have diminished values.
The Mazda class action lawsuit was filed in the U.S. District Court for the Central District of California: Joshua Meltzer v. Mazda Motor of America, Inc., et al.
The plaintiff is represented by Berger Montague PC.