GM Class Action Alleges ‘Hard Shift’ Transmission Defect

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A group of consumers alleges in a recently filed class action lawsuit that a defect in the GM 8L90 and the 8L45 transmissions included in vehicles made between 2015 and 2018 causes problems when drivers try to shift the vehicles.

Lead plaintiffs, all GM owners, allege in their class action lawsuit that the 8L90 and 8L45 transmissions are defective, causing drivers to not only experience the “hard shift” but also engine damage. Ultimately, GM owners and lessees face mounting repair costs because of the alleged defect, the complaint says.

“Drivers attempting to accelerate or decelerate their cars feel a hesitation, followed by a significant shake, shudder, jerk, clunk, or ‘hard shift’ when the vehicle’s automatic transmission changes gears,” alleges the GM class action lawsuit.

Further, “The shuddering, shaking, jerking and hesitation is related to internal issues within the transmission and/or torque converter causing friction surfaces, hydraulic systems, and gears to not function properly, and resulting in metal shavings being circulated throughout the transmission,” continues the complaint. “Over time, damage to the transmission and torque converter occurs.”

The GM class action lawsuit contends that the car maker has known about the alleged transmission defect “for years.” Pointing out that GM has issued a technical service bulletin about the problem, the plaintiffs allege that the company has failed to inform consumers.

“But current purchasers and lessees should not have to cross their fingers for a fix, and prospective customers should be told of GM’s awareness of a defect,” argue the plaintiffs. “Presently, it appears GM is merely biding time until its warranty expires.”

According to the GM class action lawsuit, the alleged transmission defect presents a safety risk to drivers and passengers in 2015 through 2018 GM vehicles equipped with GM 8L90 or GM 8L45 transmissions. The defect can, according to the plaintiffs, cause the vehicle to shudder and jerk so violently that owners have complained that it feels as if they have been hit by another car.

The plaintiffs say that one GM owner reported that he almost drove through his garage door because the gear shifted so violently due to the alleged defect.

The class action lawsuit alleges that the defective transmission issue stemmed from GM’s use of an 8-speed transmission starting in 2015. The car maker said that the new 8-speed transmission would distribute power more evenly than the previous 6-speed transmission – a “win-win-win scenario” for consumers, according to advertising released in 2014 about the change.

The GM vehicles that include the 8L90 or 8L45 transmission are the 2015-2019 Chevrolet Silverado; the 2017-2019 Chevrolet Colorado; the 2015-2019 Chevrolet Corvette; the 2016-2019 Chevrolet Camaro; the 2015-2019 Cadillac Escalade and Escalade ESV; the 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V; the 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL; and the 2017-2019 GMC Canyon.

The GM class action lawsuit seeks to represent owners and lessees of vehicles equipped with the GM 8L90 or GM 8L45 transmissions in six different states: Florida, California, Illinois, New York, Oklahoma, and Texas.

The plaintiffs are represented by Theodore J. Leopold, Andrew N. Friedman, Douglas J. McNamara, and Julia A. Horwitz of Cohen Milstein Sellers & Toll PLLC and Robert Gordon and Steven Calamusa of Gordon & Partners PA.

The GM Class Action Lawsuit is Duffy, et al. v. General Motors, Inc., Case No. 9:18-cv-81726-RLR in the U.S. District Court Southern District of Florida.

UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.