Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Mazda Motor of America Inc, in New Jersey federal court, alleging the automaker knew of an engine valve defect affecting certain model year Mazda vehicles, and failed to warn consumers. Further, the lawsuit claims Mazda refused to repair the alleged defect in breach of warranty.
According to the complaint, Mazda falsely advertises and guarantees that its new vehicles are defect-free, when in fact, the company is aware that some of its vehicles' engines have faulty continuous variable valve-timing assembly. This defect causes the affected engines timing chain to become loose or detach, which can lead to partial or total engine failure. While the defect is covered under Mazda' warranty, the automaker refuses to honor the warrant and repair the defect.
"Mazda' fraudulent and unlawful conduct has resulted in substantial harm to the class. As a result of the defect, plaintiff and the class have not received the economic benefit of their bargain, overpaid for their vehicles and/or made lease payments that were too high, and suffered further damages by incurring out-of pocket costs associated with repairing the [variable valve-timing] assembly defect in their vehicles,"the complaint says.
In the lawsuit, lead plaintiff James Stevenson states he purchased a 2008 Mazda CX7 vehicle from a New Jersey dealership in 2009. The vehicle came with a warranty stating that it is free of defects. In 2012, his warranty was extended to seven years past the original warranty date. However, in November 2013, the vehicle experienced an engine valve-related failure. According to the complaint, Stevenson alleges that, despite regular maintenance, and the car still being under warranty, Mazda refused warranty coverage.
In the defective autmotive lawsuit, Stevenson v. Mazda Motor of America Inc., case number 3:14-cv-05250, Stevenson alleges the valve defect occurs in Mazda' L-series engines and that the automaker has known about the defect since at least 2007, when it issued a technical service bulletin about the problem to its dealers. While Mazda made several unsuccessful attempts to fix the issue internally, the automaker failed to notify consumers of the defect and continued to market its vehicles as defect-free, according to the class action.
The lead plaintiff is represented by Mitchell Breit of Simmons Hanly Conroy, T. Christopher Tuck of Richardson Patrick Westbrook & Brickman LLC and Terry W. West and Bradley C. West of The West Law Firm.
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I have a 2007 Mazda 3 2.3L auto trans that I bought new and I baby that car. The auto trans started to fail at 90K and would not shift from 3 to 4 smoothly. I had to buy a new AT module to fix this problem but it still does not work right, them at 144k the engine has major blow by out of the oil filler plug and makes noises.
Posted by marisol dominguez
i bought my 2007 mazda cx-7 brand new. has 73,000 miles on it . I was notified that the time belt plus accessories need to be replaced. estimate given by the dealer 1500 dollars. of course warranty does not cover any of this. where is this class action suit at this point? just learned about this problem about the engine now.
Posted by RANDI DOBIES
WHEN PARKED AT A NEARBY PARKING LOT, THE CAR JUST TOOK OFF OVER TWO MEDIANS AND ALMOST INTO UPCOMING TRAFFIC. I AM 58 AND IN GOOD HEALTH AND BLACKED OUT FROM THE EXPERIENCE. THIS WA JUST THE LAST AND MOST SERIOUS OF THE PROBLEMS WE HAD WITH THIS CAR.
Posted by Carol Graves
I also have a mazda CX-7 that has 85,000 miles on it and the timing chain is about to go as well. I'm also stuck with the bill and am interested in pursuing options that can prevent my family from taking the financial hit.
Posted by email@example.com
I have a Mazda Cx7, it has under 90,000 km and a couple days ago the timing chain broke. Through reading on the internet we found that this part has defects, Mazda did not inform us of this defected part and just extended the warrenty to seven year which we were also not made aware of. Had I been aware the warrenty ended last year I would of had it looked at by the dealer. Now sine the warrenty has ended they say they can not help us and it will cost $2000 to replace the chain or $7000 to replace the engine.
I feel Mazda had an obligation to let us know about this defected part and due to their poor customer service I am left with the bill
Posted by Corey Gladu
I have a 2012 Mazdaspeed 3. And under normal driving conditions a loud valve train tap began today 11/2/2015. In addition, it has always had small startup valve tap. I was unaware until today after the engine failed and I googled the possibility of the defect. I initially heard the tap at a stop sign, and it progressively got worse until I stopped the car due to inconsistent rpm readings a drop in rpm and then a total loss of drive immediately after leaving the intersection. I pulled over and turned the car off. I checked the oil and there were metal flakes in the oil.
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