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Mazda Class Action Lawsuit over Water Pump Engine Defect

⚖️ Class action lawsuit alleges engine defect in Mazda CX-9 and 6.

Consumers certified a class action lawsuit against Mazda in federal district court in the Central District of California on behalf of individuals who purchased, owned, or leased a Mazda CX-9 (2007-2016) and Mazda 6 (2009-2013) and who reside in certain states. The complaint alleges that hundreds of thousands of Mazda vehicles, with the MZI Cyclone engine, have a defect that causes the internal water pump to suddenly and prematurely fail well-before the end of the useful life of the engine, leading to catastrophic engine failure or a costly replacement.

For a free lemon law consultation fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

The complaint alleges that despite knowing of this defect, Mazda continued selling defective vehicles, failed to disclose the defect to owners and lessees, has not issued a water pump recall, and has not remedied the issue or compensated owners and lessees of the defective vehicles.

Current or former owners of these vehicles should be aware that the California lemon law and other state and federal laws, including in the states referenced above, may force Mazda to either “buy the vehicle back,” or provide other important compensation for those experiencing the water pump engine defect.

Under California’s lemon law, qualifying “lemons” must be bought back, and that can mean a large cash refund and payoff of your loan or lease. The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, and registration.

You could even qualify for two-times your money back, depending on the circumstances. What Mazda would have to buy it for has nothing to do with how much the vehicle is currently worth.

There is a formula in the law, that starts with you getting all your money back, and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable consumer attorneys. Watch the mail, watch your email, and contact a consumer lawyer for advice when and if the case settles.

You have the option of bringing your own claim and opting out of the class action lawsuit.

We are available to help you sort through these questions and make an informed decision. For a free lemon law consultation fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

Status of Mazda Water Pump Class Action Lawsuit

A class action lawsuit over this issue was filed the United States District Court for the Central District of California on June 28, 2019, titled Sonneveldt et al v. Mazda Motor of America, Inc. et al, 8:19-cv-01298-JLS-KES.

The class action complaint was filed on behalf of on behalf of all persons in the United States who purchased, own, owned, lease or leased a Mazda CX-9 (2007-2016) and Mazda 6 (2009-2013) (“Class Vehicles”). A Second Amended Complaint was filed on January 26, 2021.

photo of mazda engine included in the class action lawsuit

Mazda filed an Answer to the Second Amended Complaint on August 27, 2021. On March 12, 2022, plaintiffs moved for class certification, which was granted in part by Judge Josephine L. Staton on October 21, 2022, for residents who purchased Class Vehicles in California, Michigan, Texas, Virginia, Ohio, Missouri, and Massachusetts. The claims of residents of other states are not proceeding at this time.

On October 21, 2022, the Court certified this lawsuit to proceed as a class action on behalf of the following eight Classes:

  1. The California Class: All persons who purchased a Class Vehicle from an authorized Mazda dealership in the State of California for personal, family, or household purposes.
  2. The Song-Beverly Class: All persons who purchased a new Class Vehicle from an authorized Mazda dealership in the State of California for personal, family, or household purposes.
  3. The Massachusetts Class: All persons who purchased a Class Vehicle from an authorized Mazda dealership in the State of Massachusetts for personal, family, or household purposes.
  4. The Michigan Class: All persons who purchased a Class Vehicle in the State of Michigan for personal, family, or household purposes.
  5. The Missouri Class: All persons who purchased a Class Vehicle in the State of Missouri for personal, family, or household purposes.
  6. The Ohio Class: All persons who purchased a Class Vehicle from an authorized Mazda dealership in the State of Ohio.
  7. The Texas Class: All persons who purchased a Class Vehicle from an authorized Mazda dealership in the State of Texas.
  8. The Virginia Class: All persons who purchased a Class Vehicle in the State of Virginia for personal, family, or household purposes.

The Final Pretrial Conference was also recently reset for March 24, 2023. No trial date has been set.

In a class action lawsuit, if the class is certified by the Court the lawyers who bring the class action represent you. You will receive notice if the case is certified by the Court to proceed as a class action and of your right to opt out of the class by a certain deadline.

If plaintiffs prevail at trial, you receive whatever relief is awarded by the judge or jury. But if they lose, you may not be able to litigate claims over the issues raised in the case.

As with most lawsuits, the vast majority of class action cases settle.

If the class action settles, and the court preliminarily approves the settlement, you will receive a class notice describing your options. Those options will be: (a) do nothing, in which case you may get nothing but be bound by the settlement, (b) submit a claim form if requested and get whatever relief is provided and you are also bound by the settlement, or (c) opt out and pursue your own claims, in which case you are not bound by the settlement but cannot participate in the relief being offered to class members.

For many people, a class action settlement may provide significant benefits and requires little effort to participate. It also comes with little to no risk, as the claims have been resolved.

But for others, particularly where they may have had significant damages, opting out and pursuing individual claims may provide them an opportunity to receive a better recovery, in a shorter period, but with no guarantee they will get anything in settlement.

With vehicle claims what to do can be a complicated decision, as it can depend on many factors. These factors include:

  • how old is your car?
  • has the defect occurred in your car?
  • have you taken it in for repairs on more than one occasion?
  • do you still own the car?
  • is the car still under warranty?
  • Where do you live?

Are you willing to consider the opportunity of getting a greater recovery as compared to taking what is offered in settlement?

For a free lemon law consultation fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

Frequently Asked Questions About the Mazda Water Pump Class Action

What is the Mazda class action lawsuit name and case number?

Sonneveldt et al v. Mazda Motor of America, Inc. et al, 8:19-cv-01298-JLS-KES

When and where was the Mazda class action lawsuit filed?

The case was filed in the United States District Court for the Central District of California on June 28, 2019.

What is alleged in the Mazda water pump class action lawsuit?

The second amended complaint alleges that, beginning in 2007 and continuing through the 2016 model year, Mazda has incorporated into hundreds of thousands of vehicles an MZI Cyclone engine, which contains a defect in design, manufacturing, materials, or workmanship that causes its internal water pump to suddenly and prematurely fail well-before the end of the useful life of the engine, leading to catastrophic engine failure or a costly replacement.

Despite knowing of this defect, Mazda continued selling defective vehicles, failed to disclose the defect to owners and lessees, has not issued a recall, and has not remedied the issue or compensated owners and lessees of the defective vehicles.mazda-cx9-2014

What vehicle models are included in the Mazda class action lawsuit?

2007-2016 Mazda CX-9
2009-2013 Mazda 6

How many Mazda vehicles are affected by the water pump defect?

According to publicly available data, the total number of these vehicles sold in the United States is approximately 428,101 vehicles. The number of Class Vehicles is less than that amount, but that amount is not yet publicly available.

What does the Mazda class action lawsuit claim is the defect?

According to the class action complaint, beginning in 2007 and continuing through the 2016 model year, Mazda has incorporated into hundreds of thousands of vehicles an MZI Cyclone engine, which contains a defect that causes its internal water pump to fail suddenly and prematurely well-before the end of the useful life of the engine, leading to catastrophic engine failure or a costly replacement.

According to the complaint, the alleged defect in the Class Vehicles’ water pumps is that a key component of the mechanical seal, the elastomer bellows, is made of hydrogenated acrylonitrile butadiene rubber, which degrades when exposed to coolant that reaches high temperatures during vehicle operation.

Because the “Cyclone Engine has an internal water pump connected to the crankshaft by the timing chain and positioned directly above the crankshaft[,] … coolant from a failed or failing water pump [leaks] into engine parts, including, inter alia, the timing chain, crankcase and/or oil pan.” (complaint ¶¶ 61, 64.) After leaking into the engine, coolant mixes with the engine oil, which can then spread throughout the entire engine and cause “immediate catastrophic engine failure, without the operator of the vehicle having any prior notice of the problem or of the imminent failure.” (complaint ¶ 64.)

The complaint alleges that despite knowing of this defect with the water pump, Mazda continued selling defective vehicles, failed to disclose the defect to owners and lessees, has not issued a recall, and has not remedied the issue or compensated owners and lessees of the defective vehicles.

For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

How does the water pump defect violate Mazda’s warranty?

According to the complaint, Mazda impliedly warranted that the Class Vehicles were in merchantable condition and fit for the ordinary purpose for which vehicles are used. The Class Vehicles contain an inherent defect with the water pump and present an undisclosed safety risk to drivers and occupants. Thus, Mazda breached the implied warranty of merchantability. And Mazda cannot disclaim their implied warranty as it knowingly sold or leased a defective product.

Mazda provided these vehicles with a 60 month or 60,000-mile warranty against defects in materials or workmanship for the water pump and gaskets.

The complaint also alleges the vast majority of water pump failures in the vehicles occurred well before the end of the useful service life of these vehicles or before they reach 120,000 to 150,000 miles, breaching the implied warranty of merchantability. And if Mazda had not concealed the defect from consumers within the express warranty period, the water pump defect would have been repaired without cost to purchasers as promised under the original warranty.

Has Mazda offered consumers anything to resolve the water pump defect?

According to the complaint, Mazda has failed to fix the alleged defect or issue a water pump recall and continues to uniformly breach the warranty.

What is the status of the Mazda class action lawsuit?

A second amended complaint was filed on January 26, 2021. Mazda filed an answer to the second amended complaint on August 27, 2021.

On March 12, 2022, plaintiffs moved for class certification, which was granted in part on October 21, 2022, on behalf residents of these states that purchased or leased the Class Vehicles: California, Michigan, Texas, Virginia, Ohio, Missouri, and Massachusetts.

The Final Pretrial Conference was recently reset for March 24, 2023. No trial date has been set.

Has the Mazda class action lawsuit been settled?

Not at this time.

Is there anything I need to do at this time?

At this point the case has not settled. There is also not a deadline to opt out of the action before trial. If you want to bring your own lemon law claim, you can do so now or opt out when you receive notice. Or the class will be defined as those people who have not sued or settled their claims, and you will be automatically opted out of the settlement.

As a settlement or other favorable outcome has not been reached there is nothing you need to do at this time. However, if you would like to discuss your options with a lemon law attorney fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

What Happens If I Don’t Opt-Out of the Mazda Class Action Lawsuit?

It depends on how the class action settlement is structured, but in general if you do not opt out of the settlement you will be bound by its terms. You will receive any benefits offered in the settlement, either automatically or by submitting a claim form.

However, you may not bring any individual claim for damages caused by the denial of a warranty claim, except possibly for personal injury claims.

Should I Opt-Out of Any Certified Class or Settlement?

For many people a class action provides them significant benefits without the need to spend any money or do much other than complete a claim form.

If the Court approves the settlement, you will get the relief described in the class notice. However, other people may decide that the relief offered as part of the class action settlement is not adequate, that they do not want to wait to get relief or that they think they will get more if they do not participate in the class action settlement.

This depends on a variety of factors, such as how old is your car, can you document the defect occurred in your car, have you taken it in for repairs on more than one occasion, do you still own the car, is it still under warranty and where do you live.

Depending on the answers to those questions, while there is no guarantee you will receive any recovery if you opt out you may have the opportunity to receive significant relief, including a vehicle repurchase and penalties.

What is the Song Beverly Warranty Act?

The Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is “reasonable” is not part of hard and fast rules – safety defects should be fixed immediately, for example.

The defects must be important, and must “substantially impair the vehicle’s use, value, or safety.” Civil Code §1793.22(e)(2). Under Civil Code §1793.2(d)(1), manufacturers must promptly offer repurchase or replacement of the vehicle they cannot fix in a reasonable time frame.

In addition, Civil Code §1794(c) and §1793.2(d) provides that customers may receive a civil penalty up to two times actual damages if manufacturers acted “willfully” (meaning knowingly, but not necessarily with wrongful or malicious intent) in ignoring or failing its obligation under the Song-Beverly Act.

Finally, under Civil Code §1794(d), manufacturers must pay plaintiff’s attorney’s fees and costs as part of the settlement, as the Song-Beverly Act is a pro-consumer fee-shifting statute.

What Could I Get If I Opt Out and Bring a Lemon Law Lawsuit?

Current or former owners should be aware that the California lemon law and other state and federal laws may force Mazda to either “buy the vehicle back,” or provide other important compensation if they wrongfully denied warranty coverage.

For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-OPT-OUT1 (1-855-678-6881).

Under California’s lemon law, qualifying “lemons” must be bought back, and that can mean a large cash refund and payoff of your loan or lease. The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, and registration, etc.

You could even qualify for 2x your money back, depending on the circumstances. What Mazda would have to buy it for has nothing to do with how much the vehicle is currently worth. There is a formula in the law, that starts with you getting all your money back, and then taking certain deductions and exclusions away from your payment.

Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable lemon law attorneys. Don’t settle for small dollar payments or more possible fixes without speaking to a qualified consumer attorney who has your individual best interest in mind.

handing keys over after lemon law buyback

Watch the mail and your email for an important legal notice if the class action settles, and contact a lemon law consumer lawyer for advice.

Get a free lemon law case review

There are a lot of factors to consider in deciding whether to opt out of a class action settlement and pursue individual lemon law claims.

We are available to help you sort through these questions and make an informed decision as to your options. Simply fill out the form below.

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