As automotive companies strive to save tens of millions of lives with advanced safety features, and compete to increase performance and comfort through the increased inclusion of technology, cars have become complicated computers on wheels. As consumers adjust and express very different reactions to these advancements, it may seem as if no good deed goes unpunished. While there is a tendency to jump forward and anticipate the consumer class action risks associated with the futuristic and exciting fully autonomous transportation model, an evolving interim stage of these technologies is unfolding right in front of us, and deserves our current attention.

The allegations at the core of many substantial automotive class actions increasingly have focused on advancing computer technologies, including telematics, Advanced Driver Assist Systems (ADAS) and numerous vehicle features controlled by the car’s engine control and processing modules and their associated software programming. The litigation of cases involving those systems and alleging consumer fraud and warranty claims—often on behalf of millions of vehicle owners—frequently raises significant procedural and substantive issues that are of interest to all litigators. The fireworks start early in these hotly contested cases, with the battlegrounds involving substantial pleadings-based attacks, such as Article 3 standing, complex choice-of-law determinations, and the practical goal of consolidating actions in competing jurisdictions. In addition, courts increasingly are questioning subject matter jurisdiction with respect to claims under the Magnuson-Moss Warranty Act, which historically has been staple of class lawyers’ fee shifting claims. Ultimately, consumers differing expectations about the role of advancing technology, and their tolerance to things like software updates, play an important role in these cases. Here is a look at some most pressing issues in this space.

Advancing Technologies Under Attack

  • Advanced Driver Assist Systems (ADAS)