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. Daniel Hill says:

    I have a 2010 equinox with a 2.4l ecotec engine. I’m still driving every day but I’m afraid that I’ll need to replace the timing chain and rear main seal soon. The dealership estimates 3700 for this. Please let me know if I qualify.

  2. Cheryl Moshier says:

    My 2013 Chevy equinox motor blew just over a year after I bought it from the matthews dealership in vestal NY in June of 2019… i brought my vehicle back to them on four separate occasions requesting something be done about the knocking in the engine. I was told it was because it was in eco mode and the ac on at the same time to turn of the eco mode and see how that goes brought it back a week later and it was still loud so they agreed to change the timing belt.. mind you I have no idea so I let it go.. got it back and the noise is still there bring it back again only this time I had brought it to my mechanic and I had metal shavings in my transmission fluid. So they put in a used transmission… i got it back and the noise was still there and they told me my warranty was now up and they would do nothing more for me. Fast forward a year and im now putting $4,300 into it for a new motor. I feel so taken advantage of and now I’m seeing this. Furious isn’t even the word. They knew they sold me a lemon!!

  3. Bill and Glenda Eberhard says:

    Our 2012 Equinox is currently in the shop at Defouw’s in Lafayette, Indiana with a blown engine. No warning. Never informed by Defouw’s during any of our service/oil changes that our vehicle was consuming oil. Engine only has slightly over 56,000 miles. 1/11/21 went to Fast Eddies for oil change for convenience, change was NOT overdue, Defouw’s was booked up. They were all over the situation. Warned me that engine failure was imminent. Said that the problem had existed for some time, this was not a one-off situation. Asked if we had ever been informed that our vehicle was consuming large amounts of oil, etc. and the answer was NO TO ALL THE ABOVE. Was told when oil was drained, it drained out in seconds, it came out like water, was thin, dark and gritty, less than 2 quarts at best. No dash warning lights ever appeared. No overheating, no odors, no engine warning lights, NOTHING. We’ll see if Defouw’s/GM steps up and assumes responsibility for their deceit/fraud of unsuspecting consumers.

  4. Ron says:

    Is there any way i can become part of this the same thing has happened to me and my 2014 equinox

  5. Carolyn Greif says:

    I purchased a 2011 Chevy Equinox with 126,000 miles in May of 2019. Within 6 months the engine manifold, timing chaining and transmission all went. It was jumping and stalling using a lot of oil and dealership said it was timing chain also replaced sensors. Still using a lot of oil, Few months later lost power in acceleration running very rough. Back to dealership this time engine needs to be rebuilt and it damaged timing chain which has to be replaced again. Now on top of 3000 already paid I have an engine bill for 3600! Engine failure due to lack of oil and piston failure, and of course they say it’s do to lack of lubrication, not adding oil! I checked and changed oil regularly and have receipts! Very upset and discouraged with GM products. I feel dealership should have told me about this which they did not. Any suggestions. Help?

    1. Colleen May says:

      I have a 2011 Chevy equinox who Engine failed had to replace plus just about everything had to be replaced warranty covered engine I still came out of pick over 2 grand. Car is still not fixed correctly. I’ve moved since I bought the car so I’m guessing I didn’t hear about this because of that. Sounds just like my car I’ve had just about all the same issues and more

  6. Constance Walker says:

    I purchased a 2012 Chevy equinox in 2015 want to know if I qualify for this settlement?

  7. Ryan says:

    Did the oil consumption test through a gm dealer and it’s still costing me a thousand dollars to fix? Is this right?

  8. Chasity Matlock says:

    Bought 2012 gmc terrain in February 2020 for $12k it had a little over 90,000 miles on it had it 3 months took it back to the car dealer where they said it was my issue! Today my car has been said to have MAYBE 2 months before the motor blows cause it is consuming 4 quarts of oil a week and the oil is gummy looking and milky! I got jipped on this car and want to no if there is anything I can do about it??

  9. Jeremy Johnson says:

    Bough my 2012 terrain in February of 2019. 101000 miles and burning oil like mad. Dealer of course says it’s. $5,500 fix even though they sold it to me like that because I took it in for service 4,000 miles into purchase of car for issue. Do I fall under the category to have work covered and if so how do I go about it

  10. Gloria Rodriguez says:

    I have a 2014 Equinox that burns oil. I had no idea this was happening. Take my car to get oil change within the mileage and each time they’ve told me I have very little or almost NO OIL. Why aren’t the 2014 Equinox included in the lawsuits –most 2014 models were manufactured in 2013 so I would think they’d be included as well. GM offers me no help when I call for information on what to do. I currently have 95,500 miles and need options. Anyone have any answers??

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