Honda has agreed to settle a class-action suit that claims the rear brakes in 750,000 late model Accords and Acura TSXs are wearing out more than twice as fast as they should.

The suit was filed in September, claiming that unreasonable wear was due to a defective design that caused “excessive force to be applied to the vehicle’s rear wheels.”

It covers 2008–9 Accords and 2009 Acura TSXs as well as a small number of 2010 models. The suit says the rear pads wear out in 15,000-20,000 miles when they should last at about 70,000 miles, that Honda has refused to provide repairs under the new-car warranty and failed to warn new buyers that the rear brakes would require such frequent repairs.
The suit attributes the problem to a new braking system that included four-wheel discs and an electronic brake distribution system that became standard on the 2008 Accord and 2009 TSX.

On its Web site, Honda described electronic brake distribution as “a more exacting method of ensuring that proportionate braking forces are applied to the brakes. In order to avoid needless ABS cycling during a nonemergency stop, E.B.D. uses the ABS sensors to detect impending rear-wheel lockup. Then it signals an additional ABS solenoid to reduce braking force to the rear and add more to the front.”

Honda has come up with a new brake pad and can make adjustments to the braking system that will “greatly increase the lifespan of those rear brake pads,” said Eric Gibbs of San Francisco, one of the lawyers who filed the case.

Chris Martin, a Honda spokesman, said the automaker did not comment on pending litigation.

The proposed settlement says that Honda denies there is a defect or that it has done anything wrong. The settlement also says neither Honda nor the plaintiffs’ lawyers have identified a safety problem.
The National Highway Traffic Safety Administration has about 350 owner complaints about the issue on its Web site.

Jerry Ongaro of Naperville, Ill., filed his complaint with the Center for Auto Safety. Mr. Ongaro said he was charged $256 for new rear brakes on his 2008 Accord after only 26,000 miles. “Most of the miles I put on this particular car have been expressway. No stop and go. Strictly zoom, zoom. Back and forth. I was dumbfounded,” he said in an interview.
“I just got very angry at the seeming indifference Honda had with this,” he said. “I was really frustrated, this is my eighth Honda. They have been great cars.”

Judge Margaret M. Morrow of the United States District Court for the Central District of California is scheduled in May to consider whether the settlement is fair to owners and deserves preliminary approval. If she grants preliminary approval, interested parties have the opportunity to comment. She would consider final approval later this year.
Here’s what is proposed:

• Owners who had the pads replaced and rotors resurfaced before approval of the settlement would be reimbursed for one half of the cost, or a maximum of $125, “whichever is less.” That would be for repairs in which the original worn pads were replaced with pads of the same type. Owners can file claims for multiple repairs, and the work does not need to have been done at a Honda dealership.

Owners who complained on the N.H.T.S.A. Web site typically said they paid from $100 to $300 for the repair, which sometimes included the brake rotors being smoothed out.

• Owners will also be given a one-time payment of up to $150 to have the new, redesigned brake pads installed.
Mr. Gibbs said the $150 should pay for most repairs, but some consumers might have to pay an extra $10 or $20. He said that seemed like the best deal possible because there would be no guarantee that consumers would get more after a trial.

“Cases like this, when you are alleging that a wear part is defective, are extraordinarily difficult to prove and to win,” Mr. Gibbs said.
The settlement proposes that $2 million for fees and expenses be shared by Mr. Gibbs and the other lawyers in the case, including those from Berk Law of Washington.

Mr. Ongaro said he was charged $256 for new rear brakes on his 2008 Accord after only 26,000 miles. “Most of the miles I put on this particular car have been expressway. No stop and go.