— Subaru side mirror replacements convinced a vehicle owner to file a class action lawsuit, but Subaru says the case should be tossed out because the plaintiffs don't have a case.
Texas plaintiff Katelyn Robinson paid $405 to file the class action for more than $5 million because her 2024 Subaru Crosstrek driver-side mirror vibrates.
A dealership provided a replacement mirror but the plaintiff complains the replacement is no better than the original.
The original Subaru lawsuit included only Texas customers, but the class action now includes customers in Alaska, California, Florida, Texas and Utah.
The Subaru mirrors purportedly vibrate in these models:
- 2024 Subaru Crosstrek
- 2024 Subaru Ascent
- 2023–2024 Subaru Solterra
The lawsuit alleges the side mirrors are defective because of "deficient materials used to make the mirror housing itself and/or a deficiency in the structure of the mirror housing."
Subaru drivers complain the vibrations cause serious problems because images in the mirrors appear blurred due to the shaking. And a driver's side exterior mirror shaking at night while driving highway speeds can be especially troublesome.
According to the class action, a technical service bulletin (TSB 12-195-15) issued to dealers in 2015 proves Subaru knew long ago the driver's side mirrors vibrate. But that bulletin didn't include the vehicles named in the Subaru mirror replacement lawsuit.
Subaru Side Mirror Lawsuit Partly Dismissed
Subaru filed a motion to dismiss the class action and Judge Karen M. Williams agreed to dismiss some claims but not all.
Subaru told the judge the lawsuit fails to provide any facts to support claims of a manufacturing defect covered by a warranty. Instead, Subaru contends the allegations sound of "design" defects which are not covered by the warranty.
The automaker also argued against claims about the Subaru window stickers (Monroney labels) which failed to warn customers about the supposedly defective exterior side mirrors.
Subaru told the judge the plaintiffs failed to show how the window stickers were false or misleading in any way or why the labels were even mentioned in the mirror class action.
Calling the claims "boilerplate assertions unsupported by specific facts," Subaru also told the judge how the plaintiffs want the court to force Subaru to recall the vehicles due to vibrating mirrors. But that's the job of federal safety regulators, not a judge.
While some claims remain, such as fraud-based claims, the judge did dismiss other claims.
An example of a dismissed claim concerns a California plaintiff who complained Subaru violated the express warranty regarding the side mirror. The class action lawsuit says the plaintiff presented his vehicle to a dealer one time for repairs related to the vibrating mirror, but the mirror kept shaking.
The lawsuit alleges this shows Subaru violated the express warranty of the plaintiff. But Subaru argued that to violate the warranty takes more than one repair attempt. According to Subaru, a single repair visit is not enough because the law says it takes a "reasonable number of attempts," not just one.
The judge agreed with Subaru.
"As numerous California courts have recognized, the phrase 'reasonable number of repair attempts' plainly anticipates 'more than one opportunity to repair the vehicle to bring it into conformity.'" — Judge Williams
Other dismissed claims include fraudulent concealment asserted under the laws of California and Utah and unjust enrichment claims. However, several claims survived which will allow the case to continue.
CarComplaints.com will update our website with further developments of the Subaru vibrating side mirror lawsuit.
The Subaru driver's mirror lawsuit was filed by these plaintiffs:
- Katelyn Robinson / Texas / 2024 Subaru Crosstrek
- Michelle Anders / Alaska / 2024 Subaru Ascent
- Michael Brenner / California / 2024 Subaru Solterra
- Ricardo Chaidez / Utah / 2024 Subaru Crosstrek
- Jessica Taylor / Florida / 2024 Subaru Crosstrek
The Subaru side mirror replacement lawsuit was filed in the U.S. District Court for the District of New Jersey: Katelyn Robinson, et al., v. Subaru of America, Inc.
The plaintiff is represented by Lemberg Law, LLC.