Update:
- On May 31, plaintiffs Karen Boddison, Josey Wood and Nicole Parfinovics agreed to dismiss their claims that certain General Motors vehicles include faulty electronic stereo systems that sometimes spike at maximum volume.
- Each party is responsible for its own costs and attorneys’ fees, according to court documents.
- In March 2021, Florida Judge William F. Jung dismissed all claims based on breach of express warranty but allowed the plaintiffs to pursue claims of breach of implied warranty.
(March 22, 2021)
A class action lawsuit that claims certain General Motors (GM) vehicles include faulty electronic stereo systems that sometimes spike at maximum volume will proceed, albeit in a more limited fashion than originally proposed.
Florida Judge William F. Jung ruled allegations may proceed that the faulty infotainment system in some GM vehicles breaches implied warranty and consumer protection laws. But the judge drew a line on other types of GM warranties.
Named plaintiffs Karen Boddison, Darr Hawthorn, and Alex Hogan are seeking to represent a nationwide Class, as well as Classes in their own states of Florida, California, and Missouri.
They allege the electronic infotainment systems in the GM vehicles they bought have several major defects that can distract drivers, including the volume spiking to max without their input, incessant phone-ringing sounds, and other distractions.
Judge Jung dismissed all claims based on breach of express warranty, because he said GM’s warranty explicitly disclaims coverage of software-based issues.
However, for the claims of breach of implied warranty, Judge Jung said the spectrum of merchantability for a modern car is not only whether the vehicle will get its driver from point A to point B, but now also includes other advertised features. He said this matter was a close call, but the plaintiffs could pursue the claims at this stage.
In her September 2020 class action lawsuit, Boddison alleged GM knew about and failed to remedy the defect which caused the radio volume in her 2019 Chevrolet Colorado to unexpectedly spike at maximum level. She said this could potentially startle drivers and increase the risk of an accident.
Owners of the affected vehicles are driving in “potentially ticking time bombs while GM knowingly exposes its customers” to severe injuries or fatality while making millions on the Class Vehicles, she said.
Judge Jung also found the plaintiffs had plausibly alleged GM was aware of the defects in the infotainment system as early as 2016 but failed to disclose them while marketing it to customers.
He ruled claims under their states’ unfair competition and consumer protection statutes could therefore go ahead, as well as claims of fraud, as plaintiffs had shown they relied on GM’s advertisements and alleged the car manufacturer was aware of the defect when they bought their vehicles.
Judge Jung dismissed claims of fraudulent omission under Florida law, as well as claims of unjust enrichment, negligence, and violations of the Magnuson-Moss Warranty Act, as the plaintiffs did not respond to GM’s bid to dismiss them.
According to the technical service bulletin issued by GM in December 2019, and referenced in the initial complaint, GM acknowledged the radio in certain vehicles “may ramp up to maximum without input to the volume controls.”
The bulletin lists Chevrolet models Colorado, Equinox, and Silverado models made in 2019, as well as the 2019 GMC Canyon and Sierra 1500 among those with the radio defect. GM attributed the defect to the possibility of a software issue.
Vehicle defects not only cause the potential for serious injury — they can be time-consuming and costly to deal with.
Consumers who purchased a GM vehicle with radio problems or another car with a vehicle safety defect may be able to join a class action lawsuit or be entitled to a class action rebate. An attorney who handles class action lawsuits concerning vehicle safety defects can advise consumers of their legal rights and remedies.
Have you had issues with an inbuilt infotainment system in your vehicle? Let us know in the comments.
The Proposed Class is represented by John J. Nelson of Finkelstein & Krinsk LLP and Christopher M. Hittel and Ryan Hittel of Hittel Law PA.
The General Motors Radio Volume Spike Class Action Lawsuit is Boddison, et al. v. General Motors LLC, Case No. 8:20-cv-02139, in the U.S. District Court for the Middle District of Florida.
Read About More Class Action Lawsuits & Class Action Settlements:
123 thoughts onGM class action over radio volume defect dismissed
2022 Chevy suburban LT, and the volume just blasted me in the face while going 60 on the highway. I had to exit the highway as fast as possible while continually turning the volume knob to try and turn it down. I turned off my vehicle, let it sit and when I restarted, was again blasted with the volume at full max. The only thing that stops it is if I make a phone call. I am now driving around on the phone with my daughter so that I don’t suffer from hearing loss.
Mine did the exact same thing today. Full volume randomly as I was riding down the road. Then received a phone call and the volume of the ringing and phone was at that same volume.
My 2019 chevy silverado radio screen started malfunctioning at 30,000 miles but came back on and worked ok. At 37000 miles I got the black screen of death. No radio and no backup camera. I bought two used units and neither fixed the problem. Gm said it would be $2500 to replace the sysyem but they use the same defective equipment. I have no options at this point I am not fixing the radio with the same problem radio and no aftermarket is out there.
Just bought a 2023 z71 . Not only has the radio volume spiked scaring the crap out of us there is an issue with our phones cutting off sound to the speakers without even enabling car play! You have to turn off the truck turn off the phone and wait a few minutes then restart the truck just so you can listen to the radio. Today the dealer said they had a few complaints about the sound so they updated the software . Will see how it works now
I have a 2019 Denali K2500 Duramax which I purchased brand new. My Infotainment system will not stay on station, refuses to repair my Bluetooth connection with my phone. Navigation was the first thing to go out. This system is very faulty. I love my truck but dislike the Infotainment system in it. Replacement quoted at over 1000.00. System should not have failed.
I have a 2016 GMC Canyon and have the infotainment system bug nightmare. No bluetooth, no backup camera most of the time (comes on from time to time), black screen mostly then a software program jargen shows up. And told it will cost $!,000 or more to replace the module! Add me to any lawsuit as this is an issue they are aware of.
My 2022 Silverado has had the volume ramp up to maximum which made my ride to work almost unbearable. Also the screen
has gone blank and then come back later in the day
Just bought a 2022 chevy Tahoe RST and this exact thing has happened to us twice. We have had the car for 4 months. Called dealership they said “that happens on mine too. Turn the car off and let it recalibrate”. Ridiculous!! This shouldn’t happen and they should be forced to figure out the problem and get it fixed right away before someone gets hurt or dies.
2015 GMC Canyon randomly has no sounds at all. No radio, Bluetooth, blinker chimes, seatbelt warning chime or any safety feature sound warnings. Works fine one day and another day I’m without any audio. Connected Bluetooth phone but it answers phone calls but I can’t hear audio. I’m afraid that I’ll have a major problem like a flat tire or an engine problem and I won’t hear a warning. I have had the volume increase and not able to mute or turn it off or down. Dangerous in traffic and really hurt my right ear. Lost at least half of my hearing from the sudden blast of music that ruined my factory speakers. Even the no seatbelt warning chime or airbag not operational sounds could cause a passenger injury. GM doesn’t have any answers for me and usually the problems fix themselves after a few days. I’ve replaced batteries and checked and rechecked connectors. I’ve done everything that the dealership has told me except for a $1000+ replacement. 37k miles and garage kept, with factory dealership service. One recall to fix sudden loss of power steering on exit which almost caused me a terrible accident and 2 years of complaints to GMC and they finally issued a recall that took the whole day. Now a runaway audio Infotainment issue! I can’t use my phones Bluetooth to answer calls which makes it a felony offense to use telephone without hands free has me driving like it’s 1995 again. GM should have an answer and a repair. I’m at wits end and can only hope that my radio works and then doesn’t tear up passengers ears if it goes through the runaway sound. Blown speakers especially in the back and all. Like an old pinball machine.
We have a 2019 GMC Terrain where the volume would jump up or if you adjusted the volume up it would not increase until minutes later. We now have the black screen of death and the dealer said their is nothing they can do since I warranty has just expired. The vehicle was taken to them several times while under warranty and they could not fix the issue. Now we have nothing and the factory radio cannot be upgraded with an aftermarket unit either.
Thanks GMC
I purchased the 2022 silverado refresh. The entirely new infotainment refresh. It does the same thing. Lucky to have not crashed. The volume does not just “spike “. It keeps going up. I was fighting to keep the volume down to counteract the rate at which the volume was “spiking”. The decibel level is so loud that I was able to feel my ear drums hurting. This was occurring just before the street merged down to one lane due to construction and there were 55mph winds that day…. I can understand how this issue will lead to death. Should be enough to recall based on the excessive damage to your hearing. Also, this system was an entirely new system that was created intentionally with the same defect as the 7 inch system.