A class action lawsuit filed in the Eastern District of Virginia targets 2024–2026 Mazda CX-90 SUVs over alleged brake defects and Lane-Keep Assist malfunctions. Plaintiff James R. Burnell claims he returned his first CX-90 within a day and encountered identical problems with a replacement vehicle. The suit arrives days after a separate CX-90 brake squeal class action settled for only the individual plaintiff, leaving broader class claims unresolved.
Highlights
- New class action filed: Burnell v. Mazda Motor of America, Inc. was filed in the U.S. District Court for the Eastern District of Virginia (Norfolk Division), represented by Consumer Litigation Associates, P.C.
- Dual defect claims: The lawsuit alleges premature brake component deterioration and a Lane-Keep Assist system that applies forceful steering inputs against driver control.
- Pattern of failed repairs: The plaintiff’s CX-90 spent approximately 36 days at dealerships without a permanent fix across multiple visits spanning February through November 2024.
- Broader NHTSA scrutiny: Approximately 43,000 CX-90s are reportedly under a federal investigation tied to a prior steering-related recall, with the original fix linked to two crashes.
Complaint Timeline: Eight Dealer Visits, No Resolution
Burnell originally purchased a dealer-driven 2024 CX-90 but returned it one day later because the Lane-Keep Assist system reportedly stayed engaged at inappropriate times. He then bought a second 2024 CX-90.
Starting in February 2024, Burnell brought his vehicle to a Mazda dealer for squealing brakes and Lane-Keep Assist issues. The dealer diagnosed both systems as normal. He returned in April and May 2024 with the same complaints. Both visits resulted in identical “normal” diagnoses.
In June 2024, the SUV returned for brake and LKA complaints alongside repairs tied to two separate Mazda recalls. Again, both systems were diagnosed as normal. In July 2024, technicians scuffed the brake rotors and pads. However, according to the lawsuit, brakes began squealing at the first stoplight after pickup.
The following month, a dealer applied anti-squeal compound to the brake pads. The squealing continued. In September 2024, the entire brake system was replaced. By October, the brakes were squealing again.
Lane-Keep Assist: Steering Against the Driver
The complaint alleges the CX-90’s Lane-Keep Assist system delivers overly forceful automated steering that actively conflicts with the driver’s intended direction. Rather than providing subtle lane-centering guidance, the system allegedly overrides driver inputs.
Mazda’s own description of the feature states that steering inputs are “typically gentle and subtle, designed to assist the driver rather than take over complete control of the vehicle.” The lawsuit contends the system does not operate as described.
Notably, Mazda’s referenced CX-90 recall addressed a condition causing “sticky” steering wheels. A subsequent federal investigation is examining whether the recall adequately resolved the issue. However, neither the recall nor the investigation specifically addresses Lane-Keep Assist behavior.
Prior Lawsuit Settled—For One Plaintiff Only
A separate CX-90 brake squeak class action, filed in May 2025 by New York plaintiff Daniel Green, reached a settlement in March 2026. However, the resolution applied only to Green individually.
The class claims were dismissed without prejudice, meaning other CX-90 owners received no relief from that case. The Burnell lawsuit now seeks nationwide class representation for Virginia purchasers and lessees of 2024–2026 CX-90 models.
Broader Brake Concerns Predate the CX-90 Launch
The lawsuit asserts that Mazda had prior knowledge of brake defects before the CX-90 launched in the U.S. in 2023. The complaint cites a Mazda service alert concerning brake noise, judder, and dragging that superseded two earlier service alerts on the same issue.
However, that service alert (SA-003/23) does not include the CX-90. The filing also argues Mazda routinely gathers repair and complaint data from dealerships and should have detected the defect pattern through that analysis.
Some owners have reported needing brake pad replacements within the first 1,000 miles, far below the expected 30,000- to 65,000-mile lifespan. The lawsuit alleges Mazda’s repair strategy masked problems until warranties expired, shifting costs to owners.
What the Lawsuit Seeks
The Burnell class action accuses Mazda of concealing known defects in both the braking system and Lane-Keep Assist technology. The lawsuit characterizes the automaker’s conduct as “deceptive and deplorable.” The case will now proceed through the Virginia federal court system, where its claims will be tested.
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