GM class action over radio volume defect dismissed

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:

• Fire Risk Sparks Another Kia Recall of 380K Vehicles
• 36K Patients Exposed in UPMC Data Breach, Claims Class Action Lawsuit
• Why Are You Being Charged a Foreign Transaction Fee for Online Purchases?
• What’s the Link Between Elmiron and Eye Issues?