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A class action lawsuit is again open for business for owners of 2022 Mitsubishi Outlanders who complain their hoods flutter and bounce when driving.
Two class actions were filed by the same lawyers and then consolidated into one lawsuit titled, “Oral Damocles v. Mitsubishi.”
According to the class action, model year 2022 Mitsubishi Outlander hood flutter problems have existed before the SUVs were first sold.
One owner who filed the class action says the Outlander fluttering hood made him “feel unsafe and concerned whether the hood would become unlatched and fly open when driving, and was a distraction whenever he drove his car at highway speeds or in windy conditions.”
The lawsuit says a 2022 Mitsubishi Outlander hood flutter recall should have been issued, but the automaker allegedly conceals the bouncing hood problems from 2022 Outlander owners.
The lawsuit alleges Mitsubishi knows about the 2022 Outlander hood flutter because dealerships have been issued technical service bulletins about the hoods.
TSB-21-42A-011 was issued in December 2021 for all 2022 Outlanders due to hood flutter caused by the alignment of the bumper height and the hood latch.
“For customers that express concerns with hood fluttering, the hood should be replaced with a new modified hood (65100W080P). A change in the weather strip from a full clip style attachment to a new style which requires installation over the front lip of the hood, has also been made. The new weather strip (65820W020P) should be installed prior to re-installation of the grill (from original hood).” — TSB-21-42A-011
An addition to the TSB was sent to dealers and titled “2022 Outlander Hood Flutter Adjustment Special Customer Satisfaction Campaign.” Dealers were told to “install countermeasure weather-strips to resolve a hood flutter centered around air intrusion to the engine compartment. This procedure is in addition to TSB-21-42A-011 and will ensure that the wind intrusion is minimized.”
Mitsubishi also issued a revised TSB-21-42A-011 (TSB-21-42A-011REV2) “to provide clean points for the Hood Latch Adjustments” for hood flutter on 2022 Outlanders built prior to March 25, 2021.
But another bulletin (TSB-21-42A-005) was issued to dealers for 2022 Mitsubishi Outlander SUVs. The TSB said: “Countermeasure front end and grill side (both LH/RH sides) weather strips with internal padding have been incorporated into production as of May 2021, to minimize the hood flutter.”
According to the Outlander class action lawsuit, the repairs “essentially” eliminated the hood flutter and bounce but “did not entirely eliminate the Hood Defect.”
Mitsubishi filed a motion to compel arbitration for the 2022 Outlander customers who filed the class action, claiming customers agreed to present their allegations to an arbitrator, not in a federal court.
Although the judge stayed (paused) the lawsuit in 2024 for arguments to be heard by a mediator, that stay has now been lifted which means for now, the hood flutter class action will continue.
The 2022 Mitsubishi Outlander hood flutter class action was filed by Oral Damocles, Joseph Everly, Everett Fields, Jessica Gentry, Sarah Greendale, Brittony Guillen, Justin Haller, Brett Halliday, Deborah Paraday, Jesse Rezendes, Rocco Russo, Rachael Teras, Vincent Viner, Courtney Wade, Michelle Welch, Suzanne Westcott, and Latoya Young.
The Mitsubishi Outlander hood flutter class action lawsuit was filed in the U.S. District Court for the Middle of Tennessee: Oral Damocles et al., v. Mitsubishi Motors North America, Inc.
The plaintiffs are represented by the Lafferty Law Firm, Inc., and Lemberg Law, LLC.