Mazda to pay over $11.5 million fine for faulty vehicles

A recent landmark ruling has sent shockwaves through the automotive industry and has significant implications for consumers.

Mazda has been ordered to pay a hefty fine for misleading customers about their consumer rights in relation to faulty vehicles.



The Federal Court found that Mazda had made 49 separate false or misleading representations to nine customers over seven vehicles that had serious and recurring faults within two years of purchase.

The vehicles in question were Mazda 2, 6, CX-5, CX-5B, and BT-50 models purchased between 2013 and 2017.


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Mazda has been ordered by the Federal Court to pay an $11.5 million fine. Image source: Facebook / Mazda Australia.


The cars had undergone several unsuccessful repairs, including engine replacements.

In one extreme case, a car had its engine swapped out three times.

Despite these ongoing issues, Mazda was found to have ignored or rejected requests by the customers for a refund or replacement car, and insisted that the only remedy was a repair.



The manufacturer only agreed to refund a portion of the car's price or replace the car if the customer made a significant payment.

This practice was deemed in violation of consumer rights.

The Australian Competition and Consumer Commission (ACCC) Deputy Chair Catriona Lowe claimed Mazda gave its customers the 'run-around' while providing 'appalling' service and engaging in evasions and deceit.

'If a vehicle cannot be repaired within a reasonable time, or at all, consumers have a right under the Australian Consumer Law to a refund or replacement, and we expect car manufacturers to honour those rights promptly and without misleading consumers,' Lowe said.

The court has ordered Mazda to pay $11.5 million in penalties after the manufacturer's appeal against a prior ruling was dismissed last year.



Moreover, Mazda was ordered to pay an additional $82,000 in compensation to some of the consumers, implement a consumer law compliance program, publish a corrective notice on its website, notify dealers of the court findings and pay part of the ACCC's costs.

Mazda has agreed to compensate affected parties and to pay a further $3000 per vehicle.

'Mazda is, and has always been committed to ensuring the best possible outcomes for its customers, having regard to their rights under the law,' they said.

'We are carefully reviewing the Court's decision with a view to determining our response.'
Key Takeaways
  • Mazda has been ordered by the Federal Court to pay $11.5 million for misleading customers over their consumer guarantee rights on faulty vehicles.
  • The court found Mazda made false or misleading representations to nine customers concerning seven vehicles with recurring faults.
  • In addition to the penalty, Mazda must pay further compensation, implement a compliance program, publish a corrective notice, and cover part of the ACCC's legal costs.
What are your thoughts on this case, members? Have you had a similar experience with a car manufacturer? Share your stories in the comments below.
 
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hahahaha - I have a 2017 model BT-50 Mazda (delivered 2018) for the first 3-4 yrs I thought the vehicle was perfect, but little did I know of a major problem lurking under the hood. You see up till this point I had rarely use the "cold setting on the AirCon" system and for only real short periods. No need, as I'm old school and I just wound down the window when it got hot. To cut a long story short, my son & I live about 220km (there & back) from his children along the GWH (Sydney now Orange). So, you can image that when I had to start using the cold settling on my aircon on a regular basis, its how I noticed it never stayed cold. At first, they seem to try and help me (my car dealer was fantastic, and I can't thank them enough for all their help).
Mazda agree to fix the problem due to extreme low KM's on the car at that time. For about 12 months my car was taken back several times to have it re-gas & a dye to check for leaks. But when they notice that it could be a more costly problem (either a new switch ($600) or a new computer board ($1,600) head office told the Mazda Service shop "they can no longer cover the cost" for me and that I would have to pay if I wanted it fixed. Being on a government payment you can understand why I still drive with no working cold aircon out here in the WEST of the Blue Mountains. Oh, and, by the way my, BT-50 still hasn't even done 70,000kms yet and its only 6 years old now.
 
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hahahaha - I have a 2017 model BT-50 Mazda (delivered 2018) for the first 3-4 yrs I thought the vehicle was perfect, but little did I know of a major problem lurking under the hood. You see up till this point I had rarely use the "cold setting on the AirCon" system and for only real short periods. No need, as I'm old school and I just wound down the window when it got hot. To cut a long story short, my son & I live about 220km (there & back) from his children along the GWH (Sydney now Orange). So, you can image that when I had to start using the cold settling on my aircon on a regular basis, its how I noticed it never stayed cold. At first, they seem to try and help me (my car dealer was fantastic, and I can't thank them enough for all their help).
Mazda agree to fix the problem due to extreme low KM's on the car at that time. For about 12 months my car was taken back several times to have it re-gas & a dye to check for leaks. But when they notice that it could be a more costly problem (either a new switch ($600) or a new computer board ($1,600) head office told the Mazda Service shop "they can no longer cover the cost" for me and that I would have to pay if I wanted it fixed. Being on a government payment you can understand why I still drive with no working cold aircon out here in the WEST of the Blue Mountains. Oh, and, by the way my, BT-50 still hasn't even done 70,000kms yet and its only 6 years old now.
Maybe since they have now been shown to be at fault with dealing with customers, you should talk to a probono lawyer.
 
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If they are paying $82,000 to customers (and additional $3000 to 49 customers) this is a Total of $229,000 re-imbursement. Who collects the $11,500,000 fine?
 
Sorry, who gets the money that is being paid out in a fine. The federal court has ordered $11.5 million to be paid to whom.
 

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