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
My name is Abraham Hawkins. I live in Indianapolis Indiana. I purchased a 2006 Chevy Equinox from Ed Martin Chrysler Dodge Jeep dealership in Anderson Indiana for $3500.00. The Mileage to my knowledge at the time was 175000 miles. I have a 2 year power train warranty which was not stated in the purchase agreement until WAAAAY after I bought the vehicle that it only covered the cost of internal repairs and not gasket repairs. Ed Martin tech stated total cost of gasket repairs $2500.00 plus fees but would offer a 10 percent discount on other maintenance work instead of the gasket replacement. Isn’t there a “lemon” law?
I contacted them this morning, and I was told they would be meeting later today as to why there is a delay. Even though we’ve been told that checks or deficiencies were mailed out last week, she said that nothing has been mailed at out to anyone.
She said she would ask that the recorded message be updated on the phone number to include any new updates.
Called today and apparently their meeting to discuss why there is a delay has been delayed. Couldn’t tell me why
I have a 2014 Chevrolet equalnot Which I purchased in August 2017 with 82,000 miles on the vehicle may be 6 months later after checking my oil it was low At that point I had to start regular check in continue to put oil in the vehicle never found a oil leak After doing some research I found out that this particular engine Burned oil more than usual I would like to know if my vehicle would be covered by this class action suit which the vehicle was Built-in December 2013 Please reach out to me and provide me with an aster thank you
I feel like we should file a lawsuit against the lawyers getting over $3 million in fees because those of us entitled to this claim are being put on the back burner! This is ridiculous! Maybe we reach out to the judge and have them light a fire under them? All my receipts and claim papers were delivered before their instructed deadline.
Was told 2 weeks ago that letters would be sent out the next day. Called again today and was informed there was no current update and they are “meeting tomorrow for an update” and they had no answers until then. Ridiculous
They’re gonna continue to screw us around until someone takes action against them and file a lawsuit. As long as we do nothing besides complain on these blogs, they will continue with withholding the funds and feeding us lies and bs every week. Smh
Dee
I agree with you.I called yesterday and the rep looked up my claim number and said they still dont have an update and check back in a week or two..Im not certain who we can complain ti but im going to start looking into it..because this is beyond ridiculous..
I don’t even call anymore because I already know it’s gonna be more lies and disappointment. We just need to file another lawsuit against GM because they knew Analytics isn’t trustworthy. They aren’t even BBB accredited and have a F rating because they fail to respond to customer complaints. You’re right it’s beyond ridiculous. We need to do something asap or we may never get our reimbursements
Could we file a lawsuit .. class action against the Attorneys, GM and the check distributor. ? I too keep getting the same run around with the automated voicemail.. could we contact the judge? It’s ridiculous that you can’t talk to a human either.
At this point, it’s what should be done. They’re done care at all. Analytics isn’t even BBB accredited and has an F rating. I don’t understand how GM chose such a shady company as a settlement administrator
This is frustrating. We received the letter for claims at the beginning of the year, met all requirements. Paid thousands for a new motor, and expected reimbursement in August. Here it is the end of October and 10/19/20 we had our 2013 GMC Terrain towed from a chili’s parking lot with the same problems happening again!
It really is frustrating. Spent over $5000 in repairs and still having problems. Sent everything they asked for in February just to get screwed over and have our funds withheld by Analytics. It’s ridiculous
I agree, we are getting nothing out of this and we should be getting some kind of reimbursement.
I Thought the checks would be mailed out in August 2020.
Can someone give me the 1-800 number or a number I can call
Could we file a lawsuit .. class action against the Attorneys, GM and the check distributor. ? I too keep getting the same run around with the automated voicemail.. could we contact the judge? It’s ridiculous that you can’t talk to a human either.
You can talk to someone, but your hold time will be long. Mine is 49 minutes every time I call
I’m going to dispute this
They should not hold the mileage over our heads, when they knew these vehicles had problems this is. Bullshit
What number to call for this?
It’s listed down further on this thread.
Sad, to say, the lawyers used all of our cases as evidence and don’t want to pay us. I had to do engine repairs at 141,000 miles. So I guess they just strung me along for years to say I don’t qualify now that the lawsuit was won. I had a 2010 Equinox and I still owe money on it. I bought it in 2015. I spent about $3000 total but the Equinox still died on me. I let the bank come take the car. I had a 2005 Equinox and never had an engine problem so I know the 2010 Equinox should have lasted longer than 141,000 miles. SMH all of it is a scam GMC, the lawyers, the lawsuit and the courts. Thanks to all of us that helped them win the lawsuit but ended up with nothing in return.
I’m going to dispute this
Wow so I just called , my hold time is always 49 minutes but anyway. They been telling us we will either get a check or letter. My case they saying I will get a letter asking for proof of mileage and it cannot be over 120,000
The letter suppose to go out today and yes if you disagree you can dispute it directly with GM
What number have you called to talk to an individual and not a recording or an answering machine?
Did you send anything from the garage? It should have had mileage on it already??
WHAT THE NUMBER TO CALL ABOUT THIS
1-888-970-0698
I have a 2010 gmc terrain and the motor recently seized due to excessive oil consumtion over a long period of time. The warranty had ran out and due to the problem happening one other time I knew what was happening so I called the dealer right away. They informed me that the warranty was no good and there was no extended warranty on the engine that they replaced the first time due to the very same issue around the same amount of miles which was 75, 000. Why isn’t the motor that they put in it the other time warranties different since it already had 75,000 miles on it when they changed it? Why wouldn’t the warranty for that engine start over? The new motor that they put in only had 80,000 but they voided the warranty at 120,000 with the rest of the car. I bought the car in 2015 and only had it a few months when I realized it was burning too much oil. The dealer did an oil consumption test and decided to replace the engine because it was burning 3 times the amt of oil that it should be. Now at 175.000 I’ve only had the car for 7 years and the motors bad again. I called the dealer as soon as i noticed the problem but the warranty was already run out. I decided to drive the car as long as I could and checked the oil religiously. I was putting 2 to 3 quarts a week for the last 2 years and having to check the oil before o left the house every other morning because it was burning so much. A lot of time, money and effort later it still warped the valves and eventually seized. I bought this car hoping that it would last me a good many years but only lasted 6 months before I had the first problem and continuous problems since then. 16 000 for a vehicle should last a long time with properaintenance and religious oil changes. The problem was the motor itself and now I’m stuck without a vehicle because I cant afford to repair the engine. I’m constantly worried about getting my kids to appointments, games, practice, school etc. This car has been nothing but worry and trouble since I bought it. When o started searching for a vehicle for my family they couldn’t tell me enough good things about it, safety, good gas mileage, and black buick assured me that it would last for years with good maintenance and oil changes. Now when I call about the oil consumtion problem no one wants to talk about it. The first time it happened I noticed a knocking noise coming from under the hood, stopped immediately and checked the oil, and it didnt even register on the dipstick at all. Worst part is I had just had the oil changed at that same dealership 5 days before that. They tried to convince me that it was normal for a car of that year andileage to go through 3 to 5 quarts of oil between an oil change. They spoke to me like I was the one who sabotaged the car somehow. They tried everything they could to not do anything about the problem and they would’ve gotten away with it if I had been as dumb as they thought I was. The second time it started happening they couldn’t wait to tell me that my warranty ran out, there’s nothing they could do, and basically hung up the phone on me. GMC knew they were selling lemons and they continued to do it anyway. Making more amd more money off of hard working people looking for a safe reliable vehicle for their families. This car is anything but reliable, and worst of all was the stress of checking my oil constantly and knowing that the motor could seize up any moment. 3 to 5 quarts of oil every week for the last 4 years just to keep it running was not cheap. It burnt through more gas that normal as well. Although I’m out of a vehicle now I’m so relieved that I dont have to check the oil everytime I leave the house or go to the store every couple of days to buy more oil. I would like gmc to reimburse me for all the quarts of oil I put in the car for the last 4 years and I could go buy a brand new car. Ridiculous abuse of people should never go unaccounted for. My daughters and I deserve a safe reliable vehicle that they promised us before I wrote the check. Which by the way took me almost 10 years to save bartending on the side so we could pay for it before we b po ught it. I didnt want to have a car payment and I thought the best way was to save for it and then depend on it for years to come instead of having a payment. Turns out it took me longer to save for it than the car lasted. 2 engines in the 7 years that I’ve had it is ridiculous. I treated that car like one of my kids practically, babied it, spent money every 3 months for pills changes, tire rotations, everything I was supposed to do so it would last us for years to come. I’m so very disappointed in gmc and the dealer that I purchased used the car from. Shame on yal
Still haven’t received anything, bet the lawyers got their money
You know they got paid off top. I’m beginning to think we’re not getting anything at all. Analytics is full of it but with an F rating and no BBB accreditation it should be no surprise
You know we are being played in this and not receive a dime
I agree. It’s ridiculous that checks were supposed to be sent out since mid to late August and it is now mid October and they keep feeding us bs and lies every week. Smh