NHTSA Complaint #11549748 — 2021 SUBARU ASCENT

Car has always refused to accelerate if gas pedal is pushed down too quickly. Just before 60K miles, on way home we had pulled over at a roadside stop on a hill. Tried to pull across highway to continue up road, car refused to accelerate and luckily were able to brake in time to keep from getting t-boned by big truck heading down the hill. No trouble lights came on, so weren't sure if this was operator failure from pushing gas down on hill or mechanical problem. Also were too close to 60K miles to get home and back to dealership without going over warranty and serious service issues with dealership previously, and leaving for vacation following day. Decided to see if there were further problems. Live at 8K elevation, vacation at half that. No further problems until after returning from vacation. Car definitely hesitating when cold to accelerate at 8K elevation. Checked owners manual, at this time believed appropriate 36K service at dealership had inspected CVT fluid as requested, and was a bit early for next inspection listed in book at 66K miles, but thought perhaps CVT fluid needed changed (did not expect transmission to be failing with such a new car, only a bit over warranty miles now). Because of previous with dealership, instead found ASE certified shop for CVT fluid inspection. Fluid at shop inspection was dark and needed replaced. Shop exchanged with OEM fluid, not Subaru brand. CVT functioned much better for a time, then got worse and not just hesitating with cold but also jerking. Called service shop to insure they had used correct fluid and amount, they had. Brought in to confirm and fluid level was correct. They suspected CVT was failing. Called Subaru of America and made appointment at suggested dealership different from purchase dealership, confirmed transmission failure. Dealership rented car for safety because of suspected CVT failure. Subaru refused to replace CVT under warranty and wanted $7K+ to fix after $3K "discount: Still no trouble lights.