Appeals Court Throws Out Acura Class Action

Consumers who shelled out $4,000 for a "Collision Mitigation Braking System" on their Acura RL says the company made deceptive claims for the product, but a federal appeals court in California has thrown out their class action suit.

The appeals court said, in essence, that there were too many variations in state laws to permit consumers from around the country to be handled as a single class, Courthouse News Service reported.

In its advertising and marketing materials, Honda claimed the braking system  could detect the presence of other cars and would "make rear-end collisions less common and ... minimize the consequences of collision," according to the ruling.

In their suit, consumers claimed that Honda had neglected to tell them that the braking system's three separate stages overlap, that the system may not warn drivers in time to avoid an accident and that it shuts off in bad weather.

U.S. District Judge Valerie Baker Fairbank in Los Angeles certified a nationwide class that included all consumers who purchased the Acura RL equipped with the braking system between 2005 and 2008. The class included consumers in 44 states, according to the complaint.

On appeal, Honda argued, among other things, that California's consumer-protection laws do not apply in other states. A three-judge panel of the 9th Circuit agreed and vacated the certification.

The panel also found that the class was "overbroad," as it should have included only those consumers who learned about the brake system from Honda's allegedly misleading marketing campaign.