— A class action lawsuit claims Acura and Honda vehicle thefts are not caused by criminals, but are instead caused by Acura and Honda.
The lawsuit alleges hundreds of thousands of vehicles are defective because their passive keyless entry systems are defective.
The Honda theft class action was filed by New Jersey plaintiff Trina M. Innarella who owns a 2024 Honda Civic Sport.
Although it cost $405 to file the class action for more than $5 million, the plaintiff doesn't claim her vehicle was stolen or tampered with.
However, she complains the Honda passive keyless entry system makes her Civic and hundreds of thousands of Acura and Honda vehicles worth much less than they should be.
Vehicle theft class action lawsuits have been popular since Hyundai and Kia began facing hundreds of lawsuits because criminals, primarily teenagers, began stealing the vehicles. That was accomplished by breaking a window, destroying the steering column, removing the ignition lock and starting the vehicle with a USB cable.
Hyundai and Kia were blamed because the vehicles weren't equipped with engine immobilizers, something not required in the U.S. But in the case of Acura and Honda, the vehicles do have engine immobilizers but allegedly really need "stealth immobilizers."
The lawsuit includes Acura and Honda vehicles equipped with passive keyless entry systems which allow "a vehicle to be opened without handling or depressing a button on the vehicle’s electronic key fob."
"An electronic chip in the key fob functions as a transmitter emitting a wireless signal that communicates with the vehicle’s on-board computer to allow vehicle access simply by operating the door handle. The fob also allows the vehicle to be started once a start/stop ignition button in the vehicle is depressed."
The lawsuit mentions several names for the security systems:
- Keyless Access System
- Keyless Access System with Smart Entry
- Smart Entry Keyless Access System
- Smart Entry with Walk Away Auto Lock
- Smart Entry & Push Button Start
But the plaintiff complains Honda has known since 2011 the passive keyless entry systems allow criminals to steal vehicles. The lawsuit says thieves take control of Acura and Honda vehicles through these methods.
- Relay theft
- Electronic software entry theft
- Rolling PWN attacks
- Key cloning theft
Even though the plaintiff blames Honda for vehicle thefts, the class action explains what a criminal must do to get around Honda's security systems.
The class action describes "relay theft" as when a criminal "uses an antenna to amplify the encrypted signal emitted from the nearby vehicle key fob. The boosted signal tricks the vehicle into believing the key fob is within three feet and permits vehicle entry."
Once a thief enters the vehicle, a device is plugged into the 16-pin "unsecured On-Board Diagnostic port to code a new key."
The class action lawsuit also describes “electronic software entry” where a criminal uses a "laptop and sophisticated software" and gets near an Acura or Honda vehicle. The criminal then uses software to emit a signal to the vehicle’s passive keyless entry system which “awakens” the vehicle’s security system to open the vehicle.
According to the owner who sued, Acura and Honda are "engaged in unfair, deceptive, fraudulent, and unconscionable commercial trade practices" by marketing and selling hundreds of thousands of vehicles that allow the criminals to use these methods to steal vehicles.
The plaintiff says their are two classes of customers involved in the class action:
The damages class includes:
"All persons or entities that purchased, other than for immediate resale, or leased a Honda or Acura vehicle with a passive keyless entry system from an authorized Honda or Acura dealer in the United States, its territories, or the District of Columbia from January 1, 2015, to the present."
The injunctive relief class includes:
"All persons or entities in the United States, its territories, or the District of Columbia that presently own or lease a Honda or Acura vehicle with a passive keyless entry system that was purchased or leased from January 1, 2015, to the present."
The Honda vehicle theft class action lawsuit was filed in the U.S. District Court for the Central District of California: Trina M. Innarella v. American Honda Motor Co., et al.
The plaintiff is represented by Ahdoot & Wolfson, PC, Saveri Law Firm, LLP, Miller Law LLC, Fink Bressack, Furniss, Davis, Rashkind and Saunders, P.C., and KBH Law Offices.
Other automakers are also answering to class actions for supposedly selling defective vehicles which invite criminals to break laws, including Fiat Chrysler and General Motors.
