In a legal battle that could have far-reaching implications for the auto industry, Kevin and Anita Moore have filed a lawsuit against American Honda Motor Co., Inc. (AHMC) and Honda Motor Company Ltd. (HMC), alleging serious defects in the ZF 9HP automatic transmission in Honda vehicles.
The Moore's story begins with their purchase of a Honda vehicle equipped with the ZF 9HP automatic transmission. They soon noticed that the transmission exhibited rough and delayed shifting, loud noises, harsh engagement of gears, sudden accelerations and decelerations, and a sudden loss of power. These symptoms, the Moores allege, are indicative of a 'Transmission Programming Defect,' caused by improper design and calibration of the transmission software.
According to the lawsuit, the Moores are not alone in their experience. The complaint cites 'numerous consumer complaints, dealership repair orders, technical service bulletins, and other internal sources,' which they argue demonstrate that AHMC and HMC were aware of the defect. Despite this knowledge, the plaintiffs allege that the companies failed to disclose it to consumers and did not issue a warranty extension or recall the affected vehicles.
The lawsuit alleges violations of several laws, including California's Consumers Legal Remedies Act (CLRA), Unfair Competition Law (UCL), and Song-Beverly Consumer Warranty Act, as well as the federal Magnuson-Moss Warranty Act.
The lawsuit also alleges fraudulent concealment or omission, arguing that AHMC and HMC knowingly and intentionally concealed the Transmission Programming Defect from consumers, and unjust enrichment, claiming that the companies benefited at the expense of consumers who purchased or leased the defective vehicles.
The Moores are seeking compensatory damages for the loss in value of their vehicle and the cost of repairs, as well as injunctive relief to prevent AHMC and HMC from continuing their alleged deceptive practices. They are also seeking restitution, disgorgement of profits, attorney's fees, and other relief deemed just and proper by the court.
This lawsuit, if successful, could open the door for other consumers who have experienced similar issues with their Honda vehicles to seek compensation. It also serves as a reminder of the importance of transparency in business practices and the potential legal consequences of failing to disclose known defects to consumers.