Steven Cohen  |  November 20, 2019

Category: Auto News

A judge in Florida federal court has put her stamp of approval on a $42 million settlement agreement which resolves three lawsuits claiming that General Motors sold vehicles with an oil consumption defect.

Plaintiffs Ellen Berman and Dayana Guach allege that General Motors model year 2010-2013 Chevrolet Equinox and GMC Terrain cars that have 2.4-liter Ecotec engines suffer from the defect that consumes oil at a very high rate.

The primary cause of the defect is malfunctioning piston rings, which are prone to premature wear, the judge’s order states. The defect necessitates the need for the car owner to replenish the car’s oil more frequently.

The plaintiffs filed suit in September 2018, claiming that General Motors breached their written warranties under the Magnuson-Moss Warranty Act and violated the Florida Deceptive and Unfair Trade Practices Act.

Two other class action lawsuits were subsequently filed, based on similar allegations. The judge’s approval of the settlement resolves the claims in these three cases.

Starting in 2014, General Motors issued Special Coverage Adjustments (SCAs) for the model years 2010-2012 of the class vehicles, the judge’s order reads.

The SCAs were put into effect to extend the class vehicles’ warranty for piston replacement beyond the normal warranty expiration period, which was five years or 100,000 miles.  

“The SCAs provided that owners of Class Vehicles could take their vehicles to a dealership and undergo an oil consumption diagnosis. If the diagnosis indicated excessive oil consumption, GM would replace the piston rings for free, if the vehicle was within certain time and mileage limitations,” the judge states in her order.

The Settlement Class is defined as: “All persons within the United States who purchased or leased, at any time before the Preliminary Approval Date, a new retail or used model year 2010, 2011, 2012, or 2013 Chevrolet Equinox or GMC Terrain vehicle equipped with 2.4 liter Ecotec engines, manufactured prior to the Production Change, and who have not executed a prior release of claims related to Class Vehicle oil consumption or resulting piston or engine damage in favor of GM.”

In addition, the judge’s order states that, for model year 2010-2012 class vehicles, owners will be able to get a free replacement of piston assemblies at authorized dealerships.

Also, Class Members who already paid for covered repairs but who did not already submit a claim under the Special Coverage Adjustments will have 120 days to submit a claim.

For model year 2013 class vehicles, Class Members will receive free piston assembly replacement. Also, those who previously paid out-of-pocket for repairs can file claims for reimbursement of expenses.

Each Class representative will receive $4,500 as a service payment, which the judge determined to be “appropriate, fair, and reasonable.” This award is being paid by General Motors separately from the funds being made available via the settlement agreement.

Also, the attorneys for the plaintiffs will receive fees of $3,390,351, which is eight percent of the settlement value. Class Counsel will also receive reimbursement of $109,649 for litigation expenses.

Do you own one of the class vehicles mentioned as part of the settlement? Leave a message in the comments section below.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Rachel Soffin, Gregory F. Coleman, Adam A. Edwards and Mark E. Silvey of Greg Coleman Law PC, Robert Ahdoot of Ahdoot & Wolfson PC, and Daniel K. Bryson and J. Hunter Bryson of Whitfield Bryson & Mason LLP.

The GM Chevrolet Equinox SUV Oil Consumption Defect Class Action Lawsuit is Ellen Berman, et al. v. General Motors LLC, Case No. 2:18-­cv-­14371, in the U.S. District Court for the Southern District of Florida; Hindsman, et al. v. General Motors LLC, Case No. 3:17-cv-05337, in the U.S. District Court for the Northern District of California; and Sanchez, et al. v. General Motors LLC, Case No. 1:18-cv-02536, in the U.S. District Court for the Northern District of Illinois.

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2,106 thoughts on$42M GM Chevy Equinox Oil Guzzling Class Action Settlement Approved

  1. Sherita says:

    I have a 2011 equinox I have been getting my car fixed since the first day I got it. The dealership I got it from kept telling me that they didn’t see an issue. They kept my car for 2 weeks to supposedly do a oil consumption test but when I got it back they said they didn’t see an issue. I had to get a timing chain done and my catalac converter repaired twice. I am over the miles but I didn’t know about getting the repairs fixed for free

    1. Stephanie says:

      Hi sherita
      I also have a 2011 equinox that before i could get a block after purchasing it..the car was jumping idyling..whatever..i had 5 loaners from the dealership before i would accept the car back..the dealership played clueless and told me to take it up with the manufacturer..i have 4 unresolved claims with GM. I did turn in my notice before the 1st deadline in May I received from the class action suit..waiting like everyone else..its a shame we have to go through this nonsense…

  2. Terri says:

    I have a 2013 GMC Terrain I love my car, I first Leased it , had no problems so I ended up buying it. I soon started to have Oil consumption problems and Leaks that I Only took it to GMC dealership for my free oil changes and not once did they detect anything wrong with it. When it finally leaked ALL over their driveway after I had it towed in , they Immediately called GM and got work approved. It was going to cost me over $10K for all the repairs but I ended up paying half that for Engine Replacement and Catalytic converter, and Pistons etc!. a year later, another $1,000 I was quoted but Thank God it was still under Warranty. Filed Early Feb for this Settlement and I am still waiting for my check on all the repairs and 3 weeks of car rental. Thank you to the person who posted a number to Call. (888-970-0698) i will give it a try Daily if I have to until I get my money!! But I am Greatful to the Dealership and All the Wonderful staff who took great care of me during this hardship with my vehicle. :)

  3. Kirstin Cornwall says:

    I had my engine blow in me due to this issue and running out of oil… I spent $7k to replace it and filed on time. They said that checks are supposed to be sent out mid to end of September but I just called and they still have no information and said that they will have a better idea in the next 2-3 weeks….. how can you not know anything and still say the checks will be sent out by mid to end of September? There are less than 10 days left in the month! Extremely annoyed.

    1. Nicole says:

      Is it too late to get compensated? I just purchased the 2010 GMC Terrain used 2 months ago and everything was fine until 2 weeks ago.

  4. Frederika Phillips says:

    GM. So just to be clear, no one has received any reimbursement. I sent mine in so long ago, I almost forgot about it. 2013 GMC Terrain owner. Does anyone have a timeline for reimbursement or a number to call to verify?

    1. Carla Kurtz says:

      I have not received a reimbursement either.
      I would lime to know a number to call as well as a timeline of when the funds will be disbursed

      1. Jarrod says:

        So this is the phone number to call if you filed a claim like I did for my GMC Terrain. I had already paid over $6k for the repair: 2.4 Liter Oil Consumption Litigation c/o analytics consulting LLC PO Box 2003 Chanhassen MN 55317- 2003. Settlement administrator number is 1-888-970-0698.
        I filed the claim well before May 2020

        They still have not disbursed a check. I called and left voicemail back in August asking for status update with my claim # and never got a call back.

        I know with COVID all sectors are impacted but those who filed claim need an update. I hope we get one soon.

        1. Mochelle says:

          According to the recording I just listened to.. first group who got their forms in Jan 2020 should receive their checks mid to late Sept 2020. I had no idea the date was extended to file a claim and they claim that because the deadline was extended that is why the checks are delayed. I reached out directly to the class action attorneys and never received a reply. So we shall see if the checks show up

          1. Melinda says:

            Hi, I have / had a 2013 equinox I just traded it in because I could not stand the oil issue we even had to put in a new engine so frustrating and money we really could not afford I was wondering if you could let me know the phone number you called to get an update I would appreciate it

          2. Angela says:

            I have called and called and called and have spoken to at least 4 people since August. This is ridiculous. I would like to know if I am receiving any money back. They have told me that my claim was received and processed. I just want to know. We have literally spent over $6,000 in repairs… New engine and everything else that others have listed above. We still have this SUV but can’t afford a new one because we just bought a house and my husband needs a new truck this spring. . . . If I do not receive any of this 42 million dollars I will be beyond TICKED…… I was on hold 42 minutes yesterday and never spoke to anyone…..

        2. George Autry says:

          I have a 2012 Equinox that use a lot of oil what can do l am afraid going to damage engine

  5. Up set customer says:

    I have 137,000 now on my equinox and just had my car just about die on me while driving it two weeks ago. Can not believe my dealership did not detect this problem as I have taken it there for all of the oil changes. Luckily I made it to the dealership only to be told the noise was due to no oil! My info system showed I still had 49% oil left.

    1. Candace McCullough says:

      Yes i am a Chevy equinox 2012 owner just found out today, after taking my car in to dealership.for two years worth and all the money spent i called GM they told me that it was two late is their someone else or a number to call to get reimbursement? my equinox is doing it again after just one month of having replacement parts. A close friend of mine that checked it out on internet told me about lawsuit. I would gratefully appreciated a number. Prayers we all get it took care of soon. GM owner for 34 years

  6. Kelly says:

    I have a 2013 Chevy Equinox that has the issue of excessive oil consumption and I knew nothing of this defect of the until recently. I called the dealership where I bought the car and asked if I my vehicle was covered and he said I had exceeded the miles on my car to qualify for free repairs. What can I do? I’m out of options.

  7. Karen Townsend says:

    I have the same issue with my 2010 Chevrolet Equinox. I noticed a knocking noise, took it to Dealership while under warranty they found no issue. Then it started losing power. Took back to Dealership. How do we find out more about being a part of this lawsuit to get repairs completed. It is ridiculous that Chevrolet did not own up to their poor workmanship

  8. Alison says:

    So I have this problem and am currently paying the dealer to fix this issue on my 2011 equinox. Can I still join the class action suit? Or do I have to pay the dealer for the repairs?

    1. Hanley Howard says:

      Just got a 2011 chevy equinox 2.4 6 months ago and having this issue. I think I caught it early but how can I see if I qualify for this? My car is 128,000 miles but just started having symptoms. Its rapidly progressing though so I cant drive it until it’s fixed.

  9. Michael Harms says:

    I have a Chevy Captiva with the EcoTec motor. I never received any notification on this. Who do I contact?

  10. Jan says:

    I am having the same oil issues for my 2012 equinox
    I was just about to have work done to it and now I
    will notify the dealership.
    Thanks

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