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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
It’s very dangerous when the engine power is reduced. I had it happen multiple times. The 1st I had someone scan the engine and 27 codes showed up. Erased the codes and it ran good for approx 4 months before it happened again. I disconnected the battery for about a half an hour and that erased the codes and it had power. This happened a couple of more times. I finally had the money to replace the pedal and throttle control. NOW the gear shift lever linkage broke and the service center found the fuel rail leaking. They found a recall on that, but the Chevy dealership says there isn’t one… so now I have to do the leg work, again.
I just started getting this notification. Car was running fine then speed dropped to 35 mph. Not ideal when on the highway in a 65 mph zone.
I just started getting this Reduced Power on my 2016 Malibu very dangerous
2/7/24 I left work and then my check engine light came on and i couldn’t go pass 30. Now i have to replace my whole gas pedal and not happy about it.
How you you apply for the lawsuit
I have had my “reduced engine power” light come on several times in my 2014 Malibu. My daughter in law has a 2016 Malibu she has the same problem, my cousin has a 2016 cruze and she’s having the issue. GM needs to do a recall on these cars. I had mine repaired for the issue once and still have the problem.
Scary travels with this issue, car is a nuisance on road
Had this happen to me today, twice. First time I thought it was a malfunction as my car is rebuilt but still in good quality. The second time, I went from 80 to 30 in less than 20-30 seconds. I was in the middle of rush hour traffic, and thank GOD I was able to pull over to the side. Not sure what the issue is with GM, but I just recently fixed my brakes after they went out randomly, and I couldn’t stop after getting off the freeway. I had to completely slam on the brakes to get any type of resistance. Can’t stand this anymore!
Seems like General Motors has a huge issue at hand. Couple months ago I spent $800 on repairs for the vacuum pump which was a defect they knew about. Now I’ve got to figure out how I’m supposed to pay for this repair when it stopped me from going 65 to 20 out of the blue??!!?
I have a 2016 Chevy Malibu lt it quick on me 6 months ago and has not started back yet. It went in limp mode it crank no start. Took it into Chevy dealer and they charged me 146.00 dollars to tell me my motor locked up. So tell me how does that happen setting in driveway. It cost me 400. To tow in and back to my house. Still want start changed crankshaft sensor maf senor map sensor
I have a 2016 Chevy Malibu that I purchased early 2017. I thought it was just how this car operates by slowing down the way it does. I took it for an inspection and even after changing stuff on it sensor lights is still on. I was told by the inspector, he doesn’t know what it is about these Chevy Malibu but that sensor light never goes off, and the car always failed inspection.
Wow! I have been complaining and screaming to the mountain too about this. GM is the worse. I’m gonna have to get in on this. I have records since 13 miles of this car literally about to kill me.
Just had this happen with our 2016 Malibu. Husband got on the highway and started to accelerate and got a notice on the dash of engine reduce power. Luckily was able to get off at next exit and was early morning so not a lot of traffic. Dropped from 60 to 25 within seconds. How dangerous is that.