You received a Notice because Subaru of America, Inc.’s records indicate that you may be a current or past purchaser or lessee of a Settlement Class Vehicle. 

The Notice will inform you of the terms of the proposed Settlement and of the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement. The Notice also describes your rights in connection with the Settlement and what steps you may take in relation to the Settlement.

A class action lawsuit was filed against Subaru of America, Inc. (“SOA”) and Subaru Corporation (“SBR”), collectively the “Defendants” or “Subaru.” The lawsuit alleges that the Settlement Class Vehicles suffer from a design defect in some vehicles that can cause battery drain; and that Defendants have violated certain consumer statutes and breached certain warranties. The lawsuit seeks certification of a nationwide class of present and former purchasers and lessees of Settlement Class Vehicles to pursue these claims.

Defendants deny the case claims. Defendants maintain that the Settlement Class Vehicles are not defective and that the Settlement Class Vehicles function(ed) in a proper manner, were properly designed, manufactured, distributed, marketed, advertised, warranted, and sold. Defendants claim that they did not violate any warranties, statutes, or laws. In the instances in which such repairs have been necessary, Defendants maintain that they have provided warranty coverage where appropriate.

In a class action lawsuit, one or more persons, called class representatives, sue on behalf of other people who have similar claims. All of these people are considered to be part of a class, or class members. The class representatives and all class members are called the plaintiffs, and the companies they sued are called the defendants. One court resolves the issues for all class members, except for those who take the necessary steps to exclude themselves from the class.

The Court has not decided in favor of Plaintiffs or Defendants in this lawsuit. Instead, both sides agreed to a Settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks and cost of a trial, and the people affected (the “Settlement Class Members”) will receive compensation more quickly.

Counsel for Plaintiffs and the Settlement Class Members have considered the substantial settlement benefits that will be given to the Settlement Class Members and balanced these benefits with the risk of continued litigation. They considered the value of the immediate benefit to Settlement Class Members versus the costs and delay of continued litigation through trial and appeals, and the risk that the Court might not certify the proposed class. Even if Plaintiffs were successful in litigation, Settlement Class Members might not have received any benefits for years.

The Court will be holding a hearing to approve or disapprove of the Settlement before it becomes final.

You are a Settlement Class Member if you are a resident of the continental United States, including Hawaii or Alaska, who currently owns or leases, or previously owned or leased, a Settlement Class Vehicle originally purchased or leased in the continental United States, including Alaska or Hawaii. The Settlement Class is not intended to exclude military personnel stationed overseas. Settlement Class Vehicles include model year 2015-2020 Outback, 2015-2020 Forester, 2015-2020 Legacy, 2015-2020 WRX, and 2019-2020 Ascent.

Excluded from the Settlement Class are (a) those claims for personal injury and/or property damage (claims for a Qualifying Battery Condition or Qualifying Battery Failure in a Settlement Class Vehicle are included regardless of whether they additionally experienced personal injury or property damage for which they do not make a claim; however, those additional claims for personal injury and/or property damage shall be deemed excluded from the Settlement Class) and/or subrogation; (b) all Judges who have presided over the Action and their spouses; (c) all current employees, officers, directors, agents and representatives of Defendants, and their family members; (d) any affiliate, parent or subsidiary of Defendants and any entity in which Defendants have a controlling interest; (e) anyone acting as a used car dealer; (f) anyone who purchased a Settlement Class Vehicle solely for the purpose of resale; (g) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company who acquired a Settlement Class Vehicle as a result of a total loss; (h) any insurer of a Settlement Class Vehicle; (i) issuers of extended vehicle warranties and service contracts; (j) any Settlement Class Member who, prior to the date of the Settlement Agreement, settled with and released Defendants or any Released Parties from any Released Claims; (k) any Settlement Class Member that files a timely and proper Request for Exclusion from the Settlement Class; and (l) third party issuers.

If you received Notice, Subaru’s records indicate that you are or were a purchaser or lessee of one or more of the above-referenced Settlement Class Vehicles covered under this Settlement. You are not required to submit a Claim Form to qualify for Extended Warranty coverage, but you must submit a Claim Form postmarked by May 8, 2023, to request reimbursements as part of the Settlement. If you experience a battery failure on or after the date of Notice please visit the Warranty Authorization Form page of this website to learn more about Extended Warranty coverage. If you experience a battery failure on or after the date of Notice, please see FAQ 5 to learn more about Extended Warranty coverage. You may also visit the Warranty Authorization Form page of this website to complete a request for Extended Warranty battery service.

The Settlement provides (1) extended warranty coverage of Qualifying Battery Conditions; and (2) a possible cash reimbursement if a Settlement Class Member paid out-of-pocket costs in connection with a Pre-Notice Qualifying Battery Condition for: battery replacement(s) and related battery testing and diagnosis performed by an Authorized Subaru Retailer, or in some situations an independent third party; related towing service(s); or a Reflash; and (3) for certain Class Members, cash reimbursements for recoverable expenses, including, without limitation, hotel expenses, meals, and equipment purchased to sustain battery operation. 

Extended Warranty Coverage:  Subaru will extend its existing express New Vehicle Limited Warranty, applicable to the Settlement Class Vehicles. The duration and coverage will vary for first and subsequent battery replacements.

For first battery replacement, Subaru will cover:

• 100% of the Battery Replacement Costs up to a period of five (5) years or sixty thousand (60,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle; or
• 50% of the Battery Replacement Costs for Settlement Class Vehicles that have exceeded five (5) years or sixty thousand (60,000) miles on the Notice Date, for a duration of three (3) months from the Notice Date without regard to mileage.

The warranty extension for first battery replacements is non-transferable and limited to the first-time owner/lessee of the Settlement Class Vehicle.

For subsequent battery replacements beyond the original, Subaru will cover: 

• 100% of the Battery Replacement Costs up to a period of five (5) years or sixty thousand (60,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle, regardless of the number of battery replacements the Settlement Class Vehicle has already received;
• 80% of the Battery Replacement Costs up to a period of seven (7) years or eighty-four thousand (84,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle; or
• 60% of the Battery Replacement Costs up to a period of eight (8) years or one hundred thousand (100,000) miles (whichever comes first) from the In-Service Date of the Settlement Class Vehicle.

The Extended Warranty battery recharge or replacement coverage will be based on the results of the Authorized Subaru Retailer’s administration of the test in the “Battery Extended Warranty – Midtronics Protocol.” Except as specifically modified in the Settlement Agreement, the Extended Warranty is subject to the same terms and conditions set forth in the New Vehicle Limited Warranty and Warranty and Maintenance Booklet originally provided with your vehicle.

If you have repairs performed on your Settlement Class Vehicle pursuant to the Extended Warranty, you cannot opt out of or exclude yourself from the Settlement Class. You cannot recover more than one benefit or reimbursement for the same repair. 

Pre-Notice Qualifying Reimbursable Expenses:  Unless a Pre-Notice repair was previously reimbursed, a cash reimbursement may be available if you paid out-of-pocket costs for (1) Pre-Notice battery replacements and battery testing and diagnosis performed by an Authorized Subaru Retailer, on a Settlement Class Vehicle in connection with a Qualifying Battery Condition; and/or (2) Pre-Notice towing services in connection with a Qualifying Battery Condition on a Settlement Class Vehicle. Reimbursements for Pre-Notice Qualifying Reimbursable Repair(s) under this section will be at the following rates:

For one (1) Owner Paid Repair, a Settlement Class Member is entitled to: 

• 120% reimbursement when the Owner Paid Repair occurred within three (3) years and thirty-six thousand (36,000) miles from the In-Service Date of the Settlement Class Vehicle; or
• 100% reimbursement when the Owner Paid Repair occurred within five (5) years and sixty thousand (60,000) miles from the In-Service Date of the Settlement Class Vehicle.

For two (2) Owner Paid Repairs, a Settlement Class Member is entitled to: 

• 140% reimbursement when all Owner Paid Repairs occurred within three (3) years and thirty-six thousand (36,000) miles from the In-Service Date of the Settlement Class Vehicle;
• 125% reimbursement when all Owner Paid Repairs occurred within five (5) years and sixty thousand (60,000) miles from the In-Service Date of the Settlement Class Vehicle;
• 100% reimbursement when all Owner Paid Repairs occurred within seven (7) years and eighty-four thousand (84,000) miles from the In-Service Date of the Settlement Class Vehicle; or
• 55% reimbursement when all Owner Paid Repairs occurred within eight (8) years and one hundred thousand (100,000) miles from the In-Service Date of the Settlement Class Vehicle.

For three (3) or more Owner Paid Repairs, a Settlement Class Member is entitled to: 

• 165% reimbursement when all Owner Paid Repairs occurred within three (3) years and thirty-six thousand (36,000) miles from the In-Service Date of the Settlement Class Vehicle;
• 140% reimbursement when all Owner Paid Repairs occurred within five (5) years and sixty thousand (60,000) miles from the In-Service Date of the Settlement Class Vehicle;
• 120% reimbursement when all Owner Paid Repairs occurred within seven (7) years and eighty-four thousand (84,000) miles from the In-Service Date of the Settlement Class Vehicle; or
• 100% reimbursement when all Owner Paid Repairs occurred within eight (8) years and one hundred thousand (100,000) miles from the In-Service Date of the Settlement Class Vehicle.

Reimbursement of Pre-Notice Third-Party Repairs:  If a Settlement Class Member previously presented his or her vehicle to an Authorized Subaru Retailer or contacted Subaru’s customer service division regarding the battery-related issue, the Settlement Class Member may be entitled to reimbursements for payments made to independent third parties for (1) Pre-Notice battery testing, diagnosis, and replacements on a Settlement Class Vehicle in connection with a Qualifying Battery Condition; and/or (2) Pre-Notice towing services in connection with a Qualifying Battery Condition on a Settlement Class Vehicle.

Free Reflash:  Any Settlement Class Member who experiences a Qualifying Battery Condition and has not already received the Reflash and completes the “Request for Extended Warranty Battery Service Form,” available on the Warranty Authorization Form page of this website, is entitled to receive the Reflash during the approved Retailer visit at no charge through the duration of the Extended Warranty period.

For 2015 and 2016 Subaru Foresters, which were not affected by the alleged issue with the engine control charging logic, for Qualifying Battery Conditions, the Subaru retailer will instead scan the vehicle's Engine Control Module to determine whether certain diagnostic trouble codes related to the charging system, low voltage, or the power rear lift gate are detected. If the specific codes are identified, then the Subaru retailer will provide the associated repair and clear the stored codes, at no charge.

Settlement Class Members may also call toll-free 1-855-606-2625 or email info@SubaruBatterySettlement.com to assess whether they experienced a Qualifying Battery Condition and if so, to be assigned an appropriate Retailer to receive the Reflash. Settlement Class Members who already received and paid for the Reflash and were not previously reimbursed, are entitled to 100% reimbursement for expenses incurred for the Reflash. 

Reimbursements for Extraordinary Circumstances:  Unless you were previously provided good will by Subaru for the same costs, a cash reimbursement may be available if you previously paid out-of-pocket for two (2) or more battery failures within five (5) years and sixty thousand (60,000) miles from the In-Service Date of the Settlement Class Vehicle. This cash reimbursement may be for 140% of certain Reasonably Related Reimbursable Costs related to your being stranded as a result of a battery failure. To receive reimbursement under this section, the expenses must have been incurred within 48 hours of the repair for such failure. Qualifying expenses under this section may only be recovered up to and including the day on which the vehicle was returned to you by the service center. Recoverable expenses include hotel expenses, meals, equipment purchased to sustain battery operation, and other expenses reasonably related to the battery failure. To receive reimbursement under this section for hotel stays and meals, the expenses must have been incurred not less than 50 miles from the vehicle’s state registered address. A Settlement Class Member qualifying under this section will also be entitled to receive as a single-use Subaru service coupon with a face value of $140, which will remain valid for one year from the Notice Date.

After-modified exclusions: A Class Vehicle found to have after-modified electronic components, agreed to impair the electronics or battery performance on the list at Exhibit H of the Settlement Agreement, shall be precluded from the benefits of the Settlement Agreement. For additional information about aftermarket components, see FAQ 10 or review Exhibit H on the Important Documents page.

To qualify for the Extended Warranty, you must (1) experience a Qualifying Battery Condition and (2) complete the “Request for Extended Warranty Battery Service Form,” available on the Warranty Authorization Form page of this website. If you are unable to access the form at the website, you may call toll-free 1-855-606-2625 or email info@SubaruBatterySettlement.com to assess whether you experienced a Qualifying Battery Condition and if so, to be assigned an appropriate Retailer for service. 

Once you have satisfied the two requirements above, you may present your Settlement Class Vehicle to an Authorized Subaru Retailer for a free diagnosis to determine whether the battery condition qualifies for Extended Warranty service.

If you have repairs performed on your vehicle pursuant to the Extended Warranty, you cannot opt out of or exclude yourself from the Settlement Class. You cannot recover more than one benefit or reimbursement for the same repair. 

The deadline to file Claim Forms and supporting documentation passed on May 8, 2023. If you failed to submit or mail the Claim Form and supporting documents by the required deadline, you will not get paid. Submitting a Claim Form late or without documentation will be the same as doing nothing. 

The Claim Form, available on the File a Claim page of this website, describes in detail the documentation and information that must be submitted in support of your claim. The Settlement Administrator needs documentation showing the specific nature of your out-of-pocket expenses, proving that you are a Settlement Class Member and that your claim satisfies the requirements for a reimbursement. To prove out-of-pocket payment, you must submit genuine and legible copies of any of the following: receipts, credit card statements, bank statements, invoices, or historical accounting records receipts.

The Court held the Final Approval Hearing on January 24, 2023 and approved the Settlement. Information about the progress of the case will be available on the Case Status page of this website.

If your vehicle has any of the following components installed, it is not eligible for Settlement benefits: (1) aftermarket audio components including audio systems, equalizers, amplifiers, and subwoofers; (2) aftermarket remote engine starter or remote keyless entry; (3) aftermarket security or immobilizer devices; (4) aftermarket air suspension systems; and (5) aftermarket video entertainment systems. 

For purposes of the Settlement Agreement, “aftermarket” means that the item was not installed at a Subaru retailer. If the item was installed at a Subaru retailer, then the vehicle may still be eligible for Settlement benefits.

Additionally, if the vehicle’s service records show that you caused the battery issue by (1) leaving the exterior or interior lights on overnight or (2) leaving powered devices connected to any vehicle power outlet overnight while the vehicle was not being operated, then the vehicle is not eligible for Settlement benefits.

For more details, you may review Exhibit H of the Settlement Agreement, available on the Important Documents page.

Unless you excluded yourself, you will be part of the Settlement Class. By staying in the Settlement Class, you will be allowed to participate in any and all settlement benefits to which you are entitled, and you will be releasing the Defendants and all Released Parties from any liability, cause of action, claim, right to damages or other relief, and any other legal rights to which you may otherwise be entitled under the law(s) of your state or any other applicable law, relating to a battery failure and related services in your Settlement Class Vehicle. By staying in the Settlement Class, you will give up your right to be a part of any lawsuit or arbitration, or pursue any claim, against Defendants and any Released Parties relating to the claims in this lawsuit. Staying in the Class also means that all of the Court’s orders will apply to you and legally bind you. 

This Settlement does not release any claims for personal injury or damage to property (other than damage to the Settlement Class Vehicle related to a Qualifying Battery Failure or Qualifying Battery Condition).

The scope of the claims and causes of action being released and the parties being released are outlined in Section 29 of the Settlement Agreement, a copy of which is available at on the Important Documents page of this website, should you wish to review it. You may also contact Class Counsel, listed below, with any questions you may have: 

The deadline to exclude yourself from the Settlement was November 5, 2022 and it has passed.  If you excluded yourself, you will get no reimbursement or extended warranty coverage but you will retain any rights you currently have to sue the Defendants about the claims in this case. 

No. If you did not exclude yourself from the Settlement, you cannot sue Subaru for any matters, legal claims, or damages (other than for personal injury or damage to property) relating to a battery failure and related services in your Settlement Class Vehicle(s).

No. If you excluded yourself from the Settlement Class you will not be able to take advantage of any benefits from this Settlement. If you excluded yourself, you should not submit a Claim Form to ask for money from the Settlement. You cannot do both.

Yes. The Court has appointed Matthew D. Schelkopf of Sauder Schelkopf, Matthew Mendelsohn of Mazie Slater Katz & Freeman, LLC, and Adam Polk of Girard Sharp LLP to represent the Settlement Class which includes you and all other Settlement Class Members. Together these lawyers are called “Class Counsel.” However, if you want your own lawyer, you may hire one at your own cost.

Class Counsel applied to the Court for an award of reasonable attorney fees in an amount up to but not exceeding four million one hundred thousand dollars ($4,100,000), inclusive of expenses and costs (collectively referred to as “fees and expenses”), based upon factors that were provided in Class Counsel’s application for fees and expenses. Defendants have agreed not to oppose Class Counsel’s application for fees and expenses not exceeding this amount, and Class Counsel have agreed not to accept any fees and expenses in excess of that amount. Class Counsel fees and expenses will be paid by Defendants and will not reduce any benefits available to Settlement Class Members.

Class Counsel’s motion for fees and expenses is available for review on the Important Documents page of this website.

Yes. Class Counsel also applied to the Court for service awards of $4,000 for each of the thirteen named Plaintiffs who have been approved as Settlement Class Representatives (Amy Burd, Walter Gill, David Hansel, Glen McCartney, Roger Baladi, Tamara O’Shaughnessy, Anthony Franke, Matthew Miller, Steven Stone, Howard Bulgatz, Mary Beck, David Davis, and Colin George), for their initiative and effort in pursuing this litigation for the benefit of the Settlement Class. Service awards to the named Class Representatives will be paid by Defendants,and will not reduce any benefits available to Settlement Class Members.

The deadline to object to the Settlement was November 5, 2022, and it has passed. 

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class, in which case you will be bound by the Court’s final ruling. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court held the Final Approval Hearing on January 24, 2023, and approved the Settlement.

The Court held the Final Approval Hearing on January 24, 2023, and approved the Settlement. 

The Court held the Final Approval Hearing on January 24, 2023, and approved the Settlement. 

If you did nothing, you will be bound by the Settlement, and release the claims described under Section 29 of the Settlement Agreement. You will also be entitled to Extended Warranty coverage. You must have filed a claim to seek a reimbursement payment.

The Court held the Final Approval Hearing on January 24, 2023, and approved the Settlement. 

The postcard comes glued together and must be opened to see the Unique ID and PIN. The Unique ID and PIN are printed at the bottom of the Postcard Notice on an inside panel, along with your Vehicle Identification Number ("VIN"). 

For more information you may reach the Settlement Administrator by phone at 1-855-606-2625, by email at info@SubaruBatterySettlement.com, or by mail at:

Subaru Battery Settlement Administrator
c/o JND Legal Administration
P.O. Box 91305
Seattle, WA 98111

Our phone agents are available Monday through Friday, 7:00 am - 8: 00 pm Eastern/ 4:00 am - 5:00 pm Pacific.

For definitions of any capitalized terms used in the Notice, please see the Settlement Agreement, available on the Important Documents page of this website.