— A 2023 Honda HR-V back window recall is not needed because Honda has offered to replace all the rear windows under a product update campaign.
That's Honda's response to a class action lawsuit which alleges 2023 HR-V back windows shatter and break without warning.
According to the HR-V lawsuit, a Honda HR-V back window recall should be issued because an owner can pay more than $1,000 for a rear window replacement.
Honda owners also complain of the fright they experienced when the back glass shattered while driving, causing drivers to become distracted. The plaintiffs also assert dealers won't replace the back windows for free even though the vehicles are warrantied.
Motion to Dismiss the Honda HR-V Back Window Lawsuit
Honda had earlier told the court about a "voluntary product update campaign" and how dealers were issued a document titled, "2023 HR-V Rear Windshield Shattering." That document informed dealers that Honda was collecting faulty parts and was trying to better understand why the back windows were shattering.
Honda argues it has established the lawsuit is not "justiciable," because the plaintiffs allegedly have not taken advantage of Honda's rear window product update campaign. In addition, Honda says the class action lawsuit is "moot" because the campaign corrects the problem of shattered rear windows.
Honda references a July 2024 service bulletin (24-012) titled, "Product Update: 2023 HR-V Rear Window Inspection."
"During the assembly process for some vehicles, the sealer used to secure the rear glass have contacted the defroster heating elements. This can lead to a hot-spot and the weakening of the glass over time as the defroster is used." — Service bulletin 24-012
The bulletin told dealers how to inspect the rear glass and replace it if necessary, and how to process reimbursements for 2023 Honda HR-V owners who had paid their own money for replacement back windows.
In September 2024, Honda issued a revised 24-012 bulletin to inform dealers how to dispose of the rear windows, and Honda mailed letters to 2023 Honda HR-V owners to let them know about how the back windows could shatter.
Owners were advised to call a Honda dealership to have the back windows inspected and if needed, replaced for free. (Sample letter here)
According to the automaker, these additional actions "underscore the lack of justiciability of Plaintiffs’ claims."
The plaintiffs earlier had argued their claims were justiciable because Honda had not issued an HR-V back window recall, had not issued a 2023 HR-V service bulletin and had not agreed to replace all the 2023 Honda HR-V back windows.
According to Honda, unless and until the plaintiffs take advantage of Honda's rear window product update and can allege it was ineffective, their claims and the back window class action lawsuit should be dismissed.
The Honda HR-V shattered back window class action lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania: Fry, et al., v. American Honda Motor Co., Inc.
The plaintiffs are represented by Lemberg Law, L.L.C.