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
I submitted documentation back in March and checks were supposed to be mailed by August. Still haven’t heard anything.
I submitted mine the 7th of Feb. Smh
I submitted claim form and receipts for repairs and car rental. I was within the mileage and year guidelines. Where is my check????
What’s the update on my reimbursement check
has anyone received there settlement yet.
INFO for those of you who did not file. ( You will need to show proof you already paid for services to get reimburse)
All eligible individuals will get an opportunity to submit claims for reimbursement for previously incurred expenses. These claims can be filed for items such as the cost of replacing piston assemblies due to excessive oil consumption and rental car costs. These expenses must have been incurred during the specific timing and mileage limitations, outlined
I was also wondering if anybody has received anything yet
Can I still get in this class action settlement. I own 2013 GMC Terrian that’s consumed oil that got the timing chain & engine. Sitting in my driveway undriveable & I still owe on this vehichle I’m stuck badly. I cant afford to replace these things & I cant get out from underneath what’s owed on it. Worst vehicle ever !!
2013 Equinox, bought in 2017. Have had issues with oil consumption, had timing chain replaced, intake removed to have pcv valve cleaned, throttlebody removed to clean oil residue, and piston knock. I never got a letter about SCA for oil consumption from GM “other notices didn’t have an issue being mailed to my address”. I happen upon the settlement for 2.4 ecotec took it to Chevy dealer….. told indeed it needs piston, and rings replaced…..,,,,,, however Gm won’t authorize repair because time limit, and vehicle has 137,000 miles. How do they get away with “no contact” and waiting for time to run out?
I have a 2010 Equinox. Had it about 4 years now. I wonder why was always low on oil and had no oil leak anywhere. So i can take it to the dealer ship and they will fix it free
?
Yesterday October 12 2020 I sent an email to [email protected] inquiring about my claim status. Today October 13 2020 I received a response, the response I received is below.
Thank you for your email,
We are currently in the process of making final claim determinations and have started to mail reimbursement checks and status letters. Thank you for your patience; you can expect to hear from us in the near future.
Sincerely,
Office of the Claims Administrator
How do I add myself to the lawsuit? I have a 2015 with the oil consumption and the transmission shakes.
My 2013 GMC Terrain just had the engine completely fail due to lack of oil in the system. I had just changed the oil 2 months before and due to COVID am working at home and have not been doing much driving. I drove the car to the store last week and it died. My mechanic said it had no oil and therefore cause the total engine failure. He is telling me it will be $4,000 to put a new motor in it. How do I get my reimbursement???