A proposed nationwide class action lawsuit has been filed against Mazda Motor of America Inc. in California federal court, alleging the automaker knew of a defective clutch release assembly affecting certain Mazda vehicles, and failed to warn consumers for more than a decade. Further, the lawsuit claims Mazda asserted the premature clutch failure was the result of driver error.

The plaintiffs claim they experienced clutch failure during operation. Each time premature clutch failure occurred, the defect placed plaintiffs and those around them at immediate risk of serious injury, the plaintiffs said.

According the the class action complaint, Mazda refused to disclose to plaintiffs and consumers that the Model Year 2010 through 2015 Mazda 3 vehicles with 5-speed and 6-speed manual transmissions were predisposed to premature clutch failure. The lawsuit states that the defect poses a significant safety risk to the driver and passengers as often, suddenly and without warning, the vehicle’s engine is unable to provide power to the transmission and becomes inoperable.

“The defect can manifest at highway speeds or in dangerous driving conditions, subjecting the driver and occupants of class vehicles, others on the road, and pedestrians to an increased risk of accident, injury, or death,” the plaintiffs said.

In the Mazda faulty clutch class action lawsuit, lead plaintiff Iris Gonzalez states she purchased a new 2012 Mazda 3 in 2012. Gonzalez alleges that in August 2015, with only 44,421 miles on the odometer, she took her vehicle to the dealer repair shop because the car’s clutch was not engaging correctly. The dealership allegedly told her that the clutch was slipping and the clutch disc had worn and failed. Gonzalez says she paid nearly $1,600 to replace the clutch assembly.

Gonzalez claims that because of Mazda’s omission and misrepresentation associated with the alleged defect, she suffered significant out of pocket loss and the diminished value of her vehicle. The lawsuit cites over 90 consumer complaints directed towards Mazda relating to the clutch assembly, but claims the automaker has refused to repair the faulty clutch or offer a replacement.

“Had plaintiffs and other class members known about the defect at the time of purchase or lease, they would not have bought or leased class vehicles, or would have paid substantially less for them. Plaintiffs and many class members also would have avoided the significant out-of-pocket costs they incurred to repair their vehicles following manifestation of the defect,” the plaintiffs said.

The proposed Class alleges Mazda in is violation of several state consumer fraud and warranty statutes as well as breach of express and implied warranties.

The plaintiffs are seeking all actual, statutory, punitive and consequential damages, as well as injunctive relief requiring Mazda to recall, repair or replace their vehicles and extend applicable warranties to a reasonable period of time.

The plaintiffs are represented by Richard D. McCune, David C. Wright, Joseph G. Sauder and Matthew D. Schelkopf of McCune Wright LLP and Bryan Clobes, Kelly L. Tucker and Daniel Herrera of Cafferty Clobes Meriweather & Sprengel LLP.

The Mazda Faulty Clutch Class Action Lawsuit is Gonzalez, et al. v. Mazda Motor Corp., et al., Case No. 3:16-cv-02087, in the U.S. District Court for the Northern District of California.

UPDATE: On Sept. 23, 2016, Mazda fought back against a class action lawsuit accusing the carmaker of concealing a clutch defect in certain Mazda 3 vehicles, asking a judge to dismiss several individual claims from the litigation.

UPDATE 2: On Jan. 5, 2017, a California federal judge trimmed the class action lawsuit alleging certain Mazda automobiles have defective clutches.

UPDATE 3: On April 10, 2017, Mazda car buyers fought a motion to dismiss a class action lawsuit that accuses the car manufacturer of selling vehicles with faulty clutches.

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