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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
This happened to me Friday at 6:30 am God my witness I lost power cars behind me semi trucks as well I pushed onto the gas and it wouldn’t move faster I pulled to where I can it gave me a park message to a check engine light then turned off on me I thought through this going what if i die it was so scary I paid tow to diagnostic to be told car on come pick it up now im scared if it happens again to take it in they said its my only car i have that im scared to drive it what should i do i cant loose my job to tommorow i have to go to work in this car please help it was super scary what i went through i thank god im alive my son only has me thank you jesus im alive
My 2016 Chevy Malibu reduce engine light comes along with engine light and my speed is reduced to 20mph, I’ve had my car put on a machine to see what’s wrong, the Diagnostic said throttle body and accelerator pedal, I have called GM many of times, but nothing has been done.
I had a 2016 Malibu premier that had the same issue. I took it to dealership and they replaced accelerator pedal 3 separate times and the issue never was resolved. Car was eventually in a total loss accident because of this and I was badly injured. I purchased my Malibu new and was never notified of any recall
This happened to my car May 31st. Midway motors said it was the damage to throttle body wiring harness. They soldered and wrapped wiring. Now again today Aug 2 exact same problem but this time I was on highway 96 and almost got rear ended. I can’t afford another 600.00.
I’m having all the same problems
I have a 2020 chevy malibu and it just happed to me. My car only has 32000 miles on it and I have to take it to the dealer to get repaired. Hopefully its cover under warranty
Traveling on the NYS Thruway and my 2016 malibu started beeping and engine light came on with the vehicle speed going from 65-72 mph to 30 mph. In the morning. In the dark with tractor trailers and vehicles all around. This was extremely frightening. I pulled over finally when I could and had it towed to Chevy. They called and stated it was the excelerator or peddle. And I was going to be charged for the repair. I had looked online to see if this was an issue and lo and behold it was. They started they were unaware of this issue. They called me back shortly after and apologized stating they were unaware and spoke to the manager and found it was an issue. They took off the cost of the replacement part however I was stuck with the labor fees. In my opinion that was unprofessional as well as an extremely disturbing experience to go through on a major Highway.
This is happening to me right now as well with my 2017 Malibu LT. I am an extremely busy interstate everyday for work 20 miles each way) & this is terrifying. Especially in rush hour traffic. I Guess it’s going to take someone losing their life for GM to recognize that there is a problem. :(
Just happened to me today. Accelerated to hwy speed and merged into heavy traffic when reduce power light came on and vehicle slowed to less then 50 mph and would not go any faster. Nearly got run over. I exited nearest off ramp and took vehicle home. 2017 chevy Malibu.
Is there a recall? 2017.
I have a 2014 Chevrolet Malibu that I bought used. For almost a year I had no problems. Then I lost power in the car while driving so I thought my batteries needed to be changed so I replaced both. Nothing changed. Still on occasions it will shut off completely while I’m stopped and abruptly turn on when I step on the gas. Almost hit several times due to this delay. What can we do? I’m in Florida by the way.
I’m having the same problems with my 2011 Chevy Malibu. I would like to know are there any recalls or what l do as far as a lawsuit or help getting it fixed
I have this same issue and was almost rear ended several times. This is terrifying!