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Update:
- In 2020, Judge Dora Lizette Irizarry decided to dismiss a General Motors class action claiming Chevy Malibu vehicles have an engine defect that causes them to reduce power abruptly.
- Judge Irizarry agreed to dismiss plaintiff Mark Rothschild’s declaratory and injunctive relief claims, as well as those for breach of express warranty, Magnuson-Moss Warranty Act violations, unjust enrichment and GBL § 349 deceptive practices involving the warranty, saying, “plaintiff fails to allege a real or immediate threat of future injury.”
- However, the judge did not grant GM’s request to dismiss putative nationwide class claims because Rotschild did not move to certify a nationwide class.
(Sept. 16, 2019)
A GM class action claims Chevy Malibu vehicles have an engine defect that causes them to reduce power abruptly.
Thousands of 2016 to 2018 Chevy Malibu vehicles allegedly have a defective electronic throttle control and accelerator pedal position sensor.
Electronic throttle control is in charge of controlling the powertrain of the vehicle, connecting the accelerator pedal to the throttle in an electronic manner.
These components are reportedly defective and cause the Chevy Malibu vehicles to suddenly drop in power, “often at interstate highway speeds.” Vehicles may show an “Engine Power is Reduced” warning on the dashboard display.
According to the GM engine defect class action, plaintiff Mark Rothschild purchased a 2017 Chevrolet Malibu in September 2017. In March 2018, while driving at highway speed, Rothschild’s vehicle allegedly displayed an “Engine Power is Reduced” warning and reduced speeds to around 20 mph.
“Mr. Rothschild luckily navigated his vehicle to a safe place out of traffic but feared for his safety,” the GM class action states.
Rothschild reportedly brought his vehicle to a GM dealership where the accelerator pedal was replaced under warranty. However, a year later, Rothschild’s vehicle allegedly experienced the defect once again.
This time, the dealership allegedly refused to cover the cost of repairs. Rothschild says he complained to GM corporate but was not given any assistance. In the end, Rothschild was reportedly forced to pay almost $200 to replace his accelerator pedal again by a different mechanic.
Rothschild experienced the defect one more time in July 2019. He brought the vehicle back to the mechanic and had the pedal replaced for a third time, this time under warranty.
“Mr. Rothschild has never received a reimbursement for his out of pocket expenses or his lost time spent in attempting to have the Engine Power Reduced defect repaired,” the GM class action claims.
General Motors class action alleges company knew about defect
Numerous consumers have allegedly complained about the engine defect and reduced power problem. Through these complaints, GM reportedly knew about the defect but failed to inform consumers and recall the vehicle parts. Instead of informing consumers of the defect, GM allegedly concealed the issue.
“Despite its knowledge, GM has failed to recall the inherently dangerous electronic throttle control and/or accelerator pedal position sensors or reimburse vehicle owners for the inevitable failure of this critical part,” the GM class action claims.
In his GM class action, Rothschild seeks to represent a Class of consumers who purchased or leased a Chevrolet Malibu from model years 2016 to 2018. He also seeks to represent a subclass of the same consumers from New York.
The GM engine defect class action lawsuit seeks actual damages, statutory damages, punitive damages, disgorgement, restitution, interest, court costs, and attorneys’ fees.
Did you experience the alleged GM engine defect in your own 2016 to 2018 Chevy Malibu? Share your experiences in the comment section below!
Rothschild and the proposed Class are represented by Nicholas A. Migliaccio, Jason S. Rathod and Esfand Y. Nafisi of Migliaccio & Rathod LLP; and by Daniel Levin and Nicholas Elia of Levin Sedran & Berman.
The dismissed General Motors engine power class action lawsuit is Rothschild v. General Motors LLC, Case No. 1:19-cv-05240, in the U.S. District Court for the Eastern District of New York.
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1,527 thoughts onGeneral Motors class action over engine defect dismissed
My 2016 Malibu randomly loses power and I have to go slow on several occasions. I purchased my car in 2019 and the brake petal was replaced before I purchased the vehicle. I feel it should be another recall. Gm should really fix this issue.
My 2016 Chevy Malibu has been having power issues as well. I bought the car used from a GM dealership and they knew this was a problem and it wasn’t fixed before reselling the vehicle. Now it comes and goes at random times. I took it in for service 2 weeks after I bought it but the service department said they could not find a problem with the car.
I bought a 2016 Chevy malibu in august 2022. Car was running fine for about 3 months, and then out of nowhere the check engine light came on and engine reduced speed message on the dash and it slowed the car down to where I couldn’t go faster than 20mg. I pulled over and turned the car on and off 4 times before the check engine light and the message went away. Ever since then, that same message and check engine light comes on periodically and slows my car down. Sometimes it’ll do it multiple times a day or multiple days in a row. Or it can be a couple weeks before it happens again. I don’t have the time or money to go get this fixed so I have to deal with it. It’s gonna be like $300-$400 to get the pedal replaced and that won’t guarantee it won’t happen again. The gas pedal was already replaced before I bought it because it’s a silver after market pedal. GM definitely needs to do something before something really bad happens. If this happens while I’m on the highway, there’s a good chance I’ll crash and potentially get hurt or lose my life. I guess GM doesnt care if people die while using their vehicles.
Do to sudden reduction of power I was forced to run into a very steep ditch, to keep from causing a multiple car collision. Do to the impact I suffered a very bad back injury, witch also caused me to loose my job,unable to work my job was also lost and I’m still waiting and hoping for damages done to my lower back to return to normal..
This is happened to me multiple times since I’ve on the vehicle. It almost put me in bad situation over hundreds of times. The problem seems to be triggered by weather. When moisture is in the air it seems to trigger the problem. It can be reset by shutting the engine off three times opening the door shutting the door three times then it doesn’t happen for a while today. It happened three times. It hasn’t happened since last year. The first time it happened, they replace the pedal it did nothing.
This car is been in the shop more than any car that I’ve ever owned. Specifically, this car is a piece of junk is a 2017 Malibu premier 2.0 I am in Canada and I want to sue GM for this they’re a terrible company. They treat their customers like trash. They don’t even replace the parts properly and they charge you out the nose it’s highway robbery and it needs to stop.
My 2016 Chevy Malibu has been acting up to. I was on the freeway and all of sudden my car could only go 30 miles per hour and it kept changing again and again I was so scared there was a semi right behide me. This has to be a law suit it’s so dangerous I could have losted my life .
I bought my 16 Malibu in 2016 brand new still doesn’t even have 90k miles on it. I get regular oil change and hardly drive it. I get engine power reduced every time I start the car for almost three years I can’t even get it inspected or my registration renewed because every-time I’ve taken it for repairs, which has been at least ten times in the last three years I’m out hundreds of dollars and the check engine light comes back on before I make it home or to the inspection facility. Chevy is crazy for not fixing this.
My 2016 chevy malibu just abruptly lost engine power today. I shut the car off and turned it back on, seems to have gotten the engine power back, but I dont know for how long…..
Hi my name is otis and i am having this problem for the second time. The car was recalled for throttle sensor in 2019 and dealer say they replaced part. Now in 2023 i am having the same problem again i talked to GM and they told me to take it back to dealer to have diagnosis done and that i would be reimbursed for charges for diagnosis and repair would be covered by GM. This a real joke just paid my car off and this is happening again.
My 2016 Malibu is have the same problem with acceleration.
OMG! Sooo many times me or my family thought that we would die a devastating tragic death due to the same issues with my 2018 Chevy Malibu! If not our death or catastrophe, it could have well been that of others on the road. Right after I purchased the car, brand new with only 123 miles, the “Reduced Engine Power” message and engine block amber icon would show on the dash. Several times we were traveling at speeds over 65 and the car would abruptly very low or just abruptly STOP! Intown, residential streets, or on highways this kept occurring- even after the “issue/part” was replaced by the dealership where I purchased the malibu. I was initially told that it was the “autostart chip”. Afterwards- all kinds of things were randomly happening with the car, only to be told that “no codes were being given” to determine why. I, as well as my family, am still driving the car- afraid each time we are in it, but I cannot afford another car! Emotionally, we are a wreck riding/driving in any car freaked by all the near-death experiences!!