Denso Fuel Pump Defect Class Action

+ - Documents (17)

CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
NO: 500-06-001088-208

(Class Action)
SUPERIOR COURT
_____________________________________

LESLIE HAND
Plaintiff/ Class Representative
-vs.-
DENSO INTERNATIONAL AMERICA, INC. et al.
Defendants
______________________________________

NOTICE TO CLASS MEMBERS:
DENSO FUEL PUMP DEFECT (TOYOTA, HONDA, SUBARU)
QUEBEC CLASS ACTION

NOTICE TO: all persons or entities who purchased or leased in Quebec a Toyota, Honda, or Subaru vehicle equipped with a low-pressure fuel pump designed and manufactured by DENSO equipped with a low-density impeller

1. TAKE NOTICE that on April 28, 2023, the Court of Appeal of Quebec authorized the bringing of a class action against Denso International America Inc., Denso Sales Canada Inc., Toyota Canada Inc., Honda Canada Inc., and Subaru Canada Inc. and appointed the status of representative plaintiff to Mr. Hand to act on behalf of the class of persons described above.

2. This class action will be brought in the district of Montréal.

3. The principal issues of facts and law that will be dealt with collectively are:

a) Did Denso manufacture faulty fuel pumps?

b) Did the defendants delay, after learning of the damage, in informing the members?

c) Did the defendants delay in repairing the pumps?

d) Did the defendants make an inadequate and unsatisfactory remedy?

e) Have the members suffered compensable damage as a result of:

- repair costs?
- towing costs?
- costs of renting a replacement vehicle?
- loss of use of their vehicle?
- trouble and inconvenience?

f) Are the members entitled to a partial reimbursement of the purchase price or the rental price of their vehicle, in particular because of the defendants' false representations concerning the pumps?

g) Have members who are consumers (within the meaning of the Consumer Protection Act) suffered a loss in the resale value of the vehicle they own?

h) Are members who are consumers entitled to punitive damages?

i) In all cases, what are the damages?

4. The conclusions sought in relation to the above issues are as follows:

GRANT the class action of the Plaintiff and each of the members of the Class;

ORDER the Defendants to recall the vehicles equipped with Denso manufactured fuel pumps containing a low-density impeller and to repair and/or replace said defect free of charge;

DECLARE the DENSO Defendants solidarily liable for the damages suffered by the Plaintiff and each of the members of the Class;

CONDEMN the Defendants to pay to each member of the Class a sum to be determined in compensation of the damages suffered, and ORDER collective recovery of these sums;

CONDEMN the Defendants to pay to each of the members of the Class who are consumers, punitive damages, and ORDER collective recovery of these sums;

CONDEMN the Defendants to pay interest and additional indemnity on the above sums according to law from the date of service of the motion to authorize a class action;

CONDEMN the Defendants to bear the costs of the present action including expert and notice fees;

5. The Defendants deny the allegations made by the Representative Plaintiff and are contesting this class action. The Superior Court has not made any determination of whether the Defendants breached any legal obligation owed to any Class Member, or whether any Class Member has incurred any damages.

6. How to know if my vehicle is equipped with a fuel pump designed and manufactured by Denso which is equipped with a low-density impeller?

As per the Representative Plaintiff’s allegations, you are a Class Member if your vehicle year and model is listed below:

Make Model Year(s)
Toyota 4Runner 2014 - 2019
Toyota 86 2018 - 2019
Toyota Avalon 2017 - 2020
Toyota Avalon Hybrid 2019 - 2020
Toyota Camry 2018 - 2020
Toyota Camry Hybrid 2018 - 2020
Toyota Corolla 2018 - 2020
Toyota Corolla Hatchback 2018 - 2020
Toyota FJ Cruiser 2014
Toyota Highlander 2017 - 2019
Toyota Highlander Hybrid 2017 - 2019
Toyota Land Cruiser 2014 - 2019
Toyota RAV4 2018 - 2020
Toyota RAV4 Hybrid 2019 - 2020
Toyota Sequoia 2017 - 2020
Toyota Sienna 2017 - 2020
Toyota Tacoma 2018 - 2020
Toyota Tundra 2017 - 2020
Toyota Yaris 2019 - 2020
Lexus ES300h 2019 - 2020
Lexus ES350 2017 - 2020
Lexus GS200t 2017
Lexus GS300 2018 - 2019
Lexus GS350 2013 - 2019
Lexus GS450h 2014 - 2015 & 2018
Lexus GX460 2014 - 2019
Lexus IS-F 2014
Lexus IS200t 2017
Lexus IS300 2017 - 2019
Lexus IS350 2014 - 2016 & 2018 - 2019
Lexus LC500 2018 - 2020
Lexus LC500h (Hybrid) 2018 - 2020
Lexus LS460 2013 - 2015
Lexus LS500 2018 - 2019
Lexus LS500h (Hybrid) 2018 - 2020
Lexus LS600h 2013 - 2015
Lexus LX570 2014 - 2019
Lexus NX200t 2015 - 2019
Lexus NX300 2015 - 2019
Lexus RC200t 2017
Lexus RC300 2018 - 2019
Lexus RC350 2015 - 2019
Lexus RX350 2017 - 2020
Lexus RX350L 2018 - 2020
Lexus RX450h 2017 - 2020
Lexus RX450hL 2018 - 2020
Lexus UX200 2019
Acura ILX 2018 - 2020
Acura MDX 2016 - 2020
Acura MDX Hybrid 2018 - 2020
Acura NSX 2017 - 2020
Acura RDX 2018 - 2020
Acura RLS 2019
Acura RLX 2018 - 2020
Acura RLX Sport Hybrid 2019
Acura TLX 2015 - 2020
Honda Accord 2015 - 2020
Honda Accord Hybrid 2017 - 2020
Honda Civic Coupe 2018 - 2020
Honda Civic Hatchback 2018 - 2020
Honda Civic Sedan 2018 - 2020
Honda Civic Type R 2018 - 2020
Honda Clarity 2018 - 2019
Honda CR-V 2018 - 2020
Honda CR-V Hybrid 2020
Honda Fit 2018 - 2019
Honda HR-V 2018 - 2020
Honda Insight 2019 - 2020
Honda Odyssey 2018 - 2020
Honda Passport 2019 - 2020
Honda Pilot 2017 - 2020
Honda Ridgeline 2018 - 2020
Honda CBR1000RR (Fireblade) 2018 - 2019
Honda CBR600RR (599cc) 2018 - 2020
Honda GL1800 / Goldwing 2018 - 2024
Subaru Ascent 2019 - 2020
Subaru BRZ 2018 - 2019
Subaru Forester 2018
Subaru Impreza 2018 - 2020
Subaru WRX 2018 - 2019
Subaru Legacy 2018 - 2020
Subaru Outback 2018 - 2020

The Defendants Denso International America, Inc., Denso Sales Canada Inc., Toyota Canada Inc., Honda Canada Inc, and Subaru Canada, Inc. deny these allegations, intend to defend the class action and contest the allegations. Whether these vehicles contain a defective fuel pump will ultimately be determined by the Court at the conclusion of the case.

7. If you wish to opt-out of the class action, you have to notify Class Counsel (identified below) and the clerk of the Superior Court of Quebec, District of Montreal no later than September 5, 2025, by registered or certified mail at this address:

Superior Court of Québec, 1 Notre-Dame Street East, Montreal, H2Y 1B6.

You must state that you wish to exclude yourself from the class action of Hand v. Denso International America, Inc. et al. (case number 500-06-001088-208).

8. After that date, you can no longer request exclusion from the Class, unless specifically authorized by the Court.

9. A Class Member who has not requested exclusion is bound by any judgment that may be rendered in the class action, whether favourable or not.

10. If you wish to be included in the class action, you do not need to take any steps at this time.

11. As a Class Member, you have the right to intervene in the present class action, in the manner provided for by law.

12. No Class Member other than the Representative Plaintiff or an intervenor may be required to pay legal costs arising from the class action.

13. For further information, you may contact class counsel listed below:

Consumer Law Group Inc.
1030 rue Berri, Suite 102
Montreal, (Québec) H2L 4C3
Telephone: (514) 266-7863 / 1-888-909-7863
Fax: (514) 868-9690
Email: denso@clg.org
Website: www.clg.org

14. You may also visit the Central Registry of Class Actions at the following address: https://www.registredesactionscollectives.quebec/en.

THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUEBEC.

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CONSUMER LAW GROUP is pursuing a class action lawsuit against Denso, Honda, Subaru, and Toyota on behalf of individuals who owned and/or leased a vehicle equipped with defective Denso low-pressure fuel pumps and fuel pump assemblies.

A defect in the DENSO fuel pump installed in the affected Honda, Acura, Toyota, Lexus, and Subaru vehicles leaves vehicle owners at risk of spontaneous vehicle shutdown, engine stall and other safety risks that increase the likelihood of a crash or injury.

The low-pressure fuel pump is an integral component of safe vehicle operation, and the affected vehicles suffer from a fundamental design flaw that causes the fuel pump to prematurely fail. The impeller in their low-pressure fuel pump absorbs fuel and water, causing it to degrade and deform. The deformed impeller comes in contact with the fuel pump body, creating excess running resistance, causing “illumination of check engine and master warning indicators, rough engine running, engine no start and/or vehicle stall[ing]...” according to reports.

When the fuel pump fails, gasoline is not supplied to the engine, causing reduced engine power, stalling, and/or engine shutdown. Compounding the problem, the fuel pump defect occurs spontaneously with no advance warning to the consumer, thereby creating an extremely dangerous condition for drivers and occupants.

The known Subject Vehicles include the following models at present; however, the class action lawsuit would cover ALL vehicles equipped with a defective DENSO fuel pump (and not only those that have been the subject of a recall):

Acura

2019 ILX
2016 - 2020 MDX
2018 – 2019 NSX
2019 - 2020 RDX
2019 RLS
2019 RLX
2019 RLX Sport Hybrid
2015 - 2020 TLX

Honda

2015 - 2020 Accord
2019 Civic Coupe
2018 – 2020 Civic Hatchback
2019 Civic Sedan
2018 – 2020 Civic Type R
2018 - 2019 CR-V
2019 Fit
2018 – 2019 HR-V
2019 - 2020 Insight
2019 Odyssey
2019 Passport
2019 Pilot
2019 Ridgeline


Subaru

2019 - 2020 Ascent
2019 - 2020 Impreza
2019 - 2020 Outback
2019 - 2020 Legacy

Toyota

2014 - 2019 Toyota 4Runner
2018 - 2020 Toyota Avalon
2018 - 2020 Toyota Camry
2018 - 2020 Toyota Corolla
2019 Toyota Corolla Hatchback
2014 Toyota FJ Cruiser
2017 - 2019 Toyota Highlander
2014 - 2015, 2018-2019 Toyota Land Cruiser
2018 - 2020 Toyota Sequoia
2017 - 2020 Toyota Sienna
2018 - 2020 Toyota Tacoma
2018 - 2020 Toyota Tundra

Lexus

2018 - 2020 Lexus ES350
2017 Lexus GS200t
2018 - 2019 Lexus GS300
2013 - 2015 and 2017-2019 Lexus GS350
2014 - 2019 Lexus GX460
2014 Lexus IS-F
2017 Lexus IS200t
2017 - 2019 Lexus IS300
2014 - 2015 and 2018-2019 Lexus IS350
2018 - 2020 Lexus LC500
2018 - 2020 Lexus LC500h (Hybrid)
2013 - 2015 Lexus LS460
2018 - 2019 Lexus LS500
2018 - 2020 Lexus LS500h (Hybrid)
2014 - 2015 Lexus LX570
2015 Lexus NX200t
2018 - 2019 Lexus NX300
2018 - 2019 Lexus RC300
2017 Lexus RC200t
2015, 2018 - 2019 Lexus RC350
2017 - 2020 Lexus RX350
2019 Lexus UX200
2018 - 2020 Lexus RX350L

By reason of the design defect, members of the class have suffered the following damages:

(a) Purchased and/or leased Subject Vehicles that contained defective DENSO fuel pumps,
(b) Have overpaid at the point-of-sale,
(c) Have suffered a diminished value of their Subject Vehicles,
(d) Have suffered the loss of use of the Subject Vehicles and expenditures for rental vehicles,
(e) Have suffered out-of-pocket loss including, costs of towing, cost of attempted repairs,
(f) Higher interest charges, increased sales tax, and higher insurance premiums, and
(g) Have suffered pain, suffering, trouble, and inconvenience.

If you or someone you know has owned or leased one of the list Subject Vehicles, and you wish more information on potential compensation or to be kept advised of the status of the Denso Fuel Pump Defect Class Action or any resulting compensation thereof in Canada, Ontario or Quebec, please provide your contact information to our law firm using the form below.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.