General Motors named in class action lawsuit over defective dashboards

 

 

This is a class action lawsuit alleging that GM’s single panel dash board installations are inherently defective, prone to crack, and create an unreasonable safety hazard

 

As alleged, all GM Vehicles have Defective Dashboards that are designed, manufactured, and/or installed in such a way that they will crack. The cracks occur in GM Vehicles stored in all environments and in substantially uniform locations and presentations on the instrument panel. GM knew all this when it marketed and sold the GM Vehicles. To this day, GM is engaged in a systematic campaign to conceal the Defective Dashboards and the related safety risks—falsely representing to customers that the cracks are merely cosmetic.

 

According to the complaint, the Defective Dashboards reduce the GM Vehicles’ value and compromise the safe deployment of the airbags. Because GM has not remedied the defects in the dashboards installed on the GM Vehicles, a customer who replaces a Defective Dashboard would simply receive another Defective Dashboard. The cost to replace the Defective Dashboard with another Defective Dashboard, including parts and labor, can exceed $2000 for Plaintiffs and class members. Worse still, GM has failed and refused to cover the necessary repair and replacement under its warranty.

As a result of GM’s practices, Plaintiffs and the other Class members have suffered injury in fact and have lost money or property, including economic damages.

Complaint

General Motors recalls 2009-2010 Chevrolet Impala vehicles over issues with front passenger seat

GM Logo small

General Motors is recalling certain model year 2009-2010 Chevrolet Impala vehicles manufactured April 25, 2008 through February 16, 2010. The front passenger seat frame may contact and damage the wires of the passenger presence sensor module.

If the wires are damaged, the passenger presence sensory system may fail to recognize that the passenger seat is occupied, disabling the air bag. Damage may also cause the air bag fuse to short resulting in a loss of all air bags and seat belt pretensions. Both conditions increase the risk of injury during a crash.

289,254 units are affected by the recall.

GM will notify owners, and dealers will double wrap the wires with anti-abrasion tape and replace damaged wires as necessary, free of charge.

GM recalls 2015 Chevy Colorado and GMC Canyon trucks over brake fluid leaks

GM Logo

 

General Motors is recalling certain model year 2015 Chevrolet Colorado, and GMC Canyon trucks manufactured January 6, 2014, to December 24, 2014. The affected vehicles may experience the front brake calipers leaking brake fluid. This is due to air pockets, an imperfection in the metal caliper body.

If the vehicle experiences a brake fluid leak it can increase the stopping distance, increasing the risk of a vehicle crash.

Approximately 14,838 vehicles are affected by the recall.

GM will notify owners, and dealers will inspect and replace the front-brake calipers if necessary, free of charge. The recall is expected to begin July 10, 2015

 

General Motors recalls 2011-2012 Chevrolet Malibu vehicles over fault seat belt cables

GM Logo

 

General Motors is recalling certain model year 2011-2012 Chevrolet Malibu vehicles manufactured April 8, 2010, to October 11, 2012. In the affected vehicles, the flexible steel cables that connect the seat belts to the vehicle at the outside of the driver seat and the front passenger seat may be bent from being sat on while entering the vehicle. This repeated bending may result in the cable breaking.

If the cable breaks, the seat occupant may not be properly restrained in the event of a crash, increasing their risk of injury.

Approximately 437,045 vehicles are affected by the recall.

GM will notify owners, and dealers will replace the outboard lap anchor mounting bracket and inspect the flexible steel cable, replacing it as necessary, free of charge. The recall is expected to begin July 3, 2015

 

Toyota, Ford and General Motors named in class action over defect that allows vehicles on board computers to be hacked.

Toyota-Logo

According to the complaint, Defendants failed consumers in all of these areas when they sold or leased vehicles that are susceptible to computer hacking and are therefore unsafe. Because Defendants failed to ensure the basic electronic security of their vehicles, anyone can hack into them, take control of the basic functions of the vehicle, and thereby endanger the safety of the driver and others.

Defendants’ vehicles contain more than 35 separate electronic control units (ECUs), connected through a controller area network (“CAN” or “CAN bus”). Vehicle functionality and safety depend on the functions of these small computers, the most essential of which is how they communicate with one another.

The ECUs communicate by sending each other “CAN packets,” digital messages containing small amounts of data. But if an outside source, such as a hacker, were able to send CAN packets to ECUs on a vehicle’s CAN bus, the hacker could take control of such basic functions of the vehicle as braking, steering, and acceleration – and the driver of the vehicle would not be able to regain control.

As alleged, Defendants have known, their CAN bus-equipped vehicles for years have been (and currently are) susceptible to hacking, and their ECUs cannot detect and stop hacker attacks on the CAN buses. For this reason, Defendants’ vehicles are not secure, and are therefore not safe.

Yet, Defendants have charged a substantial premium for their CAN bus-equipped vehicles since their rollout. These defective vehicles are worth far less than are similar non-defective vehicles, and far less than the defect-free vehicles the Plaintiffs and the other Class members bargained for and thought they had received.

As a result of Defendants’ unfair, deceptive, and/or fraudulent business practices, and their failure to disclose the highly material fact that their vehicles were susceptible to hacking and neither secure nor safe, owners and/or lessees of Defendants’ CAN bus-equipped vehicles have suffered losses in money and/or property. Had Plaintiffs and the other Class members known of the defects at the time they purchased or leased their vehicles, they would not have purchased or leased those vehicles, or would have paid substantially less for the vehicles than they did.

The class includes a variety of vehicles manufactured by Toyota, GM and Ford.  Toyota manufactures and sells vehicles under the Toyota, Lexus, and Scion names (the “Toyota Vehicles”); Ford manufactures and sells vehicles under the Ford, Lincoln, and (until 2011) Mercury names (the “Ford Vehicles”); GM manufactures and sells vehicles under the Buick, Cadillac, Chevrolet, and GMC names, and (until 2009) under the Hummer, Pontiac, and Saturn names (the “GM Vehicles”). The CAN buses in all Toyota Vehicles, Ford Vehicles, and GM Vehicles are essentially identical in that they are all susceptible to hacking and thus suffer from the same defect. For purposes of this Complaint, all CAN bus-equipped vehicles are referred to collectively as the “Class Vehicles” or “Defective Vehicles.”

General Motors recalls 2014 Chevrolet Malibu vehicles due to danger of complete loss of brake vacuum assist

General Motors is recalling certain model year 2014 Chevrolet Malibu vehicles manufactured June 12, 2013, through May 2, 2014, and equipped with a 2.5L engine with the auto stop/start option. The affected vehicles may experience a complete loss of brake vacuum assist, disabling the hydraulic boost assist. As such, these vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) number 135, “Light Vehicle Brake Systems.”

If the hydraulic boost assist is disabled, slowing or stopping the vehicle will require additional brake pedal effort and a lengthened stopping distance. Both of these effects increase the risk of a crash.

GM estimates that 140,067 vehicles may be affected.

GM will notify owners, and dealers will update the electronic brake control module software, free of charge. The recall is expected to begin around May 30, 2014.

General Motors recalls 2013 Cadillac SRX over lag in acceleration

General Motors is recalling certain model year 2013 Cadillac SRX vehicles manufactured May 29, 2012, through June 26, 2013, and equipped with 3.6L engines. In the affected vehicles, in certain driving situations, there may be a three to four second lag in acceleration due to the transmission control module (TCM) programming.

A three to four second lag in acceleration may increase the risk of crash.

Approximately 50,571 vehicles are affected by the recall.

GM will notify owners, and dealers will reprogram the transmission control module, free of charge.

General Motors named in class action lawsuits over design defect in ignition switches of millions of GM vehicles

Numerous class action complaints have been filed naming General Motors and its part supplier, Delphi, for concealing a dangerous defect in the design of the ignition switches installed in millions of GM vehicles.

According to the complaint, GM’s defective Delphi-manufactured ignition switches have several common switch points, including the “run” (or “on”), “off,” and “acc” (for “accessory”) positions. In the “run” or “on” position, the vehicle’s engine is running and its electrical systems have been activated. In the “acc” position, the engine is turned off but electrical power is generally still supplied only to the vehicle’s entertainment system. In the “off” position, both the vehicle’s engine and electrical systems are turned off.

The defective ignition switches were improperly positioned and prone to becoming loose, thus allowing an inadvertent switch from the “run”/“on” position to either “acc” or “off” during normal operation of the affected vehicles, causing a loss of power to the vehicle’s engine or its electrical systems or both while the vehicle is being driven. Failure of the electrical systems would compromise the vehicle’s power-assisted steering, anti-lock brakes, and safety-airbag systems, putting the vehicle’s drivers and passengers in grave danger.

The ignition switch defect can occur during normal operation of the affected vehicles with catastrophic results such as loss of engine power, loss of power steering, loss of anti-lock braking, and/or loss of the safety airbag system.

As alleged, despite learning of the potential for engine failure and/or loss of steering, braking, and/or airbag functionality as a result of defectively designed ignition switches, GM, for more than 10 years, took no steps to protect or even inform its consumers of the defect or its associated risks.

The complaint alleges that GM failed to disclose the ignition switch defects even after it had become aware that such defects were causing serious and often fatal accidents. To date, GM has recalled nearly 2.6 million vehicles and has linked 13 deaths to the defectively designed ignition switches manufactured by Delphi.

Class: All persons in the United States who own or lease at least one of the following vehicles (collectively referred to herein as the “Vehicles”): 2003-2007 Saturn Ion; 2005-2010 Chevrolet Cobalt; 2007-2010 Pontiac G5; 2006-2011 Chevrolet HHR; 2006 -2010 Pontiac Solstice; and 2007-2010 Saturn Sky.

GM recalls 2014 Chevrolet Silverado, 2015 Suburban and Tahoe and others because of transmission oil cooler line that is not securely seated in the fitting.

General Motors is recalling certain model year 2014 Chevrolet Silverado Light Duty Regular Cab, Double Cab, and Crew Cab 1500 series and model year 2015 Suburban and Tahoe; GMC model year 2014 Sierra Regular Cab, Double Cab, and Crew Cab 1500 Series and model year 2015 Yukon and Yukon XL vehicles equipped with a 6-Speed Automatic Transmission (feature code MYC). The subject vehicles may have a transmission oil cooler line that is not securely seated in the fitting.

If the line is not securely seated and transmission oil leaks from the fitting, the oil could contact a hot surface and cause a vehicle fire.

GM believes this affects nearly 500,000 vehicles and will notify owners, and dealers will inspect the transmission oil cooler line connection and repair the vehicles, as needed, free of charge. The recall is expected to begin on April 28, 2014.

General Motors recalls 2013 and 2014 Chevrolet Cruze vehicles over defect in brake shaft

General Motors is recalling certain model year 2013 and 2014 Chevrolet Cruze vehicles equipped with a 1.4L turbo engine, and manufactured between November 28, 2012, and March 7, 2014. On the affected vehicles, the right front half shaft may fracture and separate.

If the half shaft fractures and separates while driving, the vehicle would lose power and coast to a stop. If a vehicle with a fractured half shaft is parked without the parking brake applied, the vehicle could move unexpectedly. Either condition increases the risk of a crash.

GM estimates this will affect 174,000 vehicles.  It will notify owners, and dealers will inspect and replace the right half shaft, as needed, free of charge. Parts for the remedy are not currently available. GM will send an interim letter to owners the week of April 28, 2014. A second owner letter will be mailed when parts are available.