A Recall Doesn’t Automatically Make Your Subaru a Lemon—But Repeated Failed Repairs Might.
You Received a Recall Notice—Now What?
There’s nothing quite like opening your mailbox or checking your email and seeing a notice that your vehicle has been recalled.
Your first reaction may be concern.
Is my vehicle safe?
Can I continue driving it?
Will the dealer fix it quickly?
Should I sell it?
Or perhaps the bigger question is:
Does a recall mean I bought a lemon?
The answer is:
Not necessarily.
Vehicle recalls happen every year and affect millions of cars, trucks, and SUVs across the United States. Many recalls involve issues that can be repaired with a relatively simple fix, allowing owners to safely continue driving their vehicles.
However, some recalls expose much larger problems. If your Subaru—or any other vehicle—requires repeated repairs, spends weeks or months at the dealership, or still isn’t fixed after multiple attempts, your rights may extend well beyond a free repair.
In some situations, what began as a recall may ultimately become a Lemon Law or Magnuson-Moss Warranty Act case.
Subaru’s Recent Recall Highlights an Important Issue
Subaru recently announced a recall affecting more than 541,000 vehicles because of an issue involving incorrect tire and loading information labels. While this particular recall relates to vehicle labeling rather than a mechanical defect, it serves as an important reminder that recalls come in many forms.
Some recalls involve:
- Engine defects
- Transmission failures
- Brake problems
- Fuel system issues
- Electrical systems
- Airbags
- Steering components
- Software updates
- Safety labels
- Cameras and sensors
Not every recall presents the same level of risk, but every recall deserves attention.
What Is a Recall?
A recall occurs when a manufacturer determines—or is required by the National Highway Traffic Safety Administration (NHTSA) to acknowledge—that certain vehicles contain a safety-related defect or fail to comply with federal safety standards.
When a recall is issued, manufacturers generally must repair the affected vehicles at no cost to the owner.
Most recalls involve:
- Replacement parts
- Software updates
- Component repairs
- Safety inspections
For many owners, the repair solves the issue permanently.
But not always.
Does a Recall Automatically Mean Your Vehicle Is a Lemon?
No.
This is probably the biggest misconception consumers have.
A recall and a Lemon Law claim are two different things.
A recall simply means the manufacturer has acknowledged a problem affecting a group of vehicles.
A Lemon Law claim generally focuses on your individual vehicle and whether the manufacturer has been unable to repair it within a reasonable number of attempts.
You can have:
- A recall without a Lemon Law claim.
- A Lemon Law claim without any recall.
- Or both.
When Does a Recall Become a Lemon Law Issue?
Problems arise when the recall repair doesn’t actually fix the vehicle.
Examples include:
- The same warning light returns.
- The vehicle still stalls.
- Electrical problems continue.
- New software causes additional issues.
- Replacement parts fail again.
- The dealer cannot identify the problem.
- The vehicle remains unsafe.
Repeated unsuccessful repairs are often what transform a recall issue into a potential Lemon Law case.
Multiple Repair Attempts Matter
Although every state’s Lemon Law is different, many focus on whether the manufacturer has been given a reasonable opportunity to repair the defect.
For example:
Your Subaru receives a recall repair.
A month later, the same problem returns.
You return to the dealership.
Another repair is attempted.
The problem returns again.
Eventually you’ve made four, five, or six trips to the dealer.
At some point, the issue may become much larger than the recall itself.
Time Out of Service Counts Too
Even if the dealer keeps attempting repairs, lengthy downtime may become important.
Many state Lemon Laws consider:
- Total days out of service.
- Number of repair attempts.
- Whether the defect substantially impairs the vehicle’s use, value, or safety.
If your vehicle spends weeks—or even months—waiting for recall parts or repeated repairs, you should keep detailed records.
What If the Parts Aren’t Available?
Supply chain issues have created significant delays for many manufacturers.
Owners are increasingly told:
“The part is backordered.”
“We don’t know when it will arrive.”
“You’ll have to keep waiting.”
While manufacturers are not always responsible for supply chain disruptions, extended delays can still create legal issues under warranty laws.
A vehicle that cannot be repaired because replacement parts are unavailable may still raise important legal questions.
Don’t Ignore Recall Notices
Some owners assume:
“It still drives.”
“I’ll deal with it later.”
Ignoring a recall can create unnecessary risks.
Safety defects may worsen over time.
Additionally, delaying repairs may complicate later disputes about whether the manufacturer had a reasonable opportunity to fix the problem.
Schedule recall repairs promptly.
The Magnuson-Moss Warranty Act May Provide Additional Protection
Many consumers have never heard of the Magnuson-Moss Warranty Act, a federal law that protects consumers when manufacturers fail to honor written warranties.
Unlike many state Lemon Laws, Magnuson-Moss is not necessarily limited by:
- Vehicle age
- Mileage
- Specific numbers of repair attempts
Instead, the focus is generally on whether the manufacturer has failed to repair warranty-covered defects within a reasonable period.
This federal law often provides additional remedies for consumers whose vehicles continue experiencing problems even after numerous warranty repairs.
Common Subaru Problems That May Lead to Warranty Claims
Every vehicle is different, but consumers frequently report issues involving:
- CVT transmission concerns
- Electrical problems
- Infotainment failures
- Battery issues
- Starlink software glitches
- Eyesight system malfunctions
- Oil consumption
- Engine performance
- Warning lights
- Steering issues
Not every complaint results in a Lemon Law claim.
However, repeated unsuccessful repairs deserve attention.
What Should You Keep?
Documentation often becomes one of the most important parts of any warranty claim.
Keep copies of:
- Recall notices
- Repair orders
- Warranty paperwork
- Service invoices
- Loaner vehicle receipts
- Rental car expenses
- Photographs
- Videos of recurring problems
- Emails with the dealership
- Text messages
- Tow bills
Even small details can become important later.
What Not to Do
Don’t Ignore the Recall
Schedule repairs promptly.
Don’t Throw Away Repair Orders
Many consumers lose valuable evidence by discarding service records.
Don’t Assume “No Problem Found” Ends the Story
If the defect continues, return to the dealer.
Document every visit.
Don’t Wait Too Long
State Lemon Laws often contain deadlines.
Waiting too long may affect your legal rights.
Don’t Stop Making Payments
Even if you’re frustrated, continue making loan or lease payments unless advised otherwise by your attorney or lender.
Stopping payments can create additional legal and financial problems unrelated to your warranty claim.
Could You Be Entitled to a Buyback?
Depending on the facts and the laws in your state, potential remedies may include:
- Manufacturer buyback
- Vehicle replacement
- Cash settlement
- Warranty repairs
- Incidental damages
The available remedy depends on:
- State law
- Vehicle history
- Repair attempts
- Nature of the defect
- Warranty coverage
Lemon Laws Vary by State
Each state has its own Lemon Law requirements.
At Ginsburg Law Group, we assist consumers with Lemon Law and warranty claims in states including:
- Pennsylvania
- New Jersey
- Maryland
- Florida
- Texas
- California
- Arizona
- Tennessee
- Wyoming
Although the legal standards differ, manufacturers generally cannot avoid responsibility simply because a vehicle has become difficult to repair.
Frequently Asked Questions
Does every recall create a Lemon Law claim?
No. Most recalls are successfully repaired with one visit to the dealership.
What if my Subaru has been repaired multiple times?
Repeated unsuccessful repairs may strengthen a potential Lemon Law or warranty claim.
What if the dealer says the vehicle is “operating normally”?
Continue documenting the problem if it persists. “Unable to duplicate” or “no problem found” does not necessarily mean the defect doesn’t exist.
Can I file a Lemon Law claim even if there isn’t a recall?
Yes. Many successful Lemon Law cases involve defects that were never recalled.
Should I hire an attorney before accepting a buyback offer?
If the manufacturer offers a settlement or buyback, it’s often worthwhile to understand your legal rights before signing any release.
Final Thoughts
Receiving a recall notice can be unsettling, but it doesn’t automatically mean your vehicle is a lemon. In many cases, manufacturers repair recalled vehicles quickly and owners experience no further problems. The situation changes, however, when the same defect keeps returning, repair attempts continue to fail, or your vehicle spends an unreasonable amount of time at the dealership waiting for parts or additional service.
If your Subaru—or any other vehicle—continues experiencing problems despite multiple warranty repairs, you may have rights under your state’s Lemon Law or the federal Magnuson-Moss Warranty Act. The key is recognizing when an ordinary recall repair has become something more and preserving the documentation needed to protect your claim.
At Ginsburg Law Group, we represent consumers in Lemon Law and breach of warranty cases involving vehicles from nearly every major manufacturer, including Subaru. We help clients understand whether repeated repairs, extended downtime, or unresolved recall issues may qualify them for a manufacturer buyback, replacement vehicle, or other legal remedies.
A recall is the manufacturer’s acknowledgment that something went wrong. If they still can’t fix your vehicle after multiple attempts, the law may provide you with options beyond another trip to the dealership.
