Volvo manufacturers and sells premium automobiles, including sports utility vehicles. Volvo markets its environmental and safety features to differentiate Volvo cars from those of other car manufacturers, and offers those features as reasons for consumers to purchase Volvo cars.
Among its product offerings, Volvo sells the XC90 T8 (“T8”), which is a seven passenger sport utility vehicle that contains a twin engine combining a gasoline engine with an electric motor, and has the ability to operate solely on the electric motor. In various press releases, brochures and product placements with trade publications, as set forth in more detail below, Volvo repeatedly represented in 2014 and 2015 that the T8 would have the capability to be driven solely on a battery charge for approximately 25 miles, which Volvo claimed would cover the average commute and daily errands for most people.
As alleged, the T8 does not come close to achieving 25 miles on a full electric charge. Rather, the T8 provides approximately 8 to 10 miles on a full electric charge—a far cry from the 25 miles promised by Volvo. And while Volvo now apparently claims that the range on the T8 is 17 miles, the only apparent method to even come close to the 17-mile range is to drive the T8 at 40 miles an hour on the highway—with all the safety features disabled.
Plaintiff and others paid a hefty premium for the T8’s electric motor. The seven-passenger Volvo XC90 T6, which does not contain the electric motor, starts at $49,800. By contrast, the seven-passenger T8, with the electric motor, starts at $68,100. All the other base features on the T6 and T8 are identical. Thus, Volvo is receiving, and Plaintiff paid, an $18,300 price premium for the electric motor—an electric motor that does not perform as promised.
Plaintiff brings this case on behalf of the following class: All individuals who purchased or leased a Volvo XC90 T8. Plaintiff asserts claims for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and similar consumer fraud statutes of other states, fraud, breach of express warranty, and unjust enrichment. Plaintiff seeks to recover the damages he has suffered as the result of Volvo’s conduct.