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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
2,106 thoughts on$42M GM Chevy Equinox Oil Guzzling Class Action Settlement Approved
I owned a 2010 chevy equinox. The engine sounded like a sewing machine. Had several trips to dealers and even put in a case with GM. No one would Listen. Several mentions of the pistons but never fixed.
I own a 2010 Chevy equinox.
I own a 2014 Chevy Equinox I bought in 2017 and no mention of this recall. I’m now having issues with my cams and alot of other issues….so I’m wondering if this is part of the issue?
Going through this process now for a 2013 Chev Equinox and am told it’s now out of warranty from what was settled.. only has 70k miles and never received the settlement notice. This should be a recall! How do I get this covered?
I have a 2014 Chevy Equinox and it is burning so much oil! What do I do in regards to the settlement?
I own a 2013 GMC Terrain. How do I join the class action law suit and get the 4500 service payment from GM?
I have a 2010 Equinox that has oil consumption problems. Burns 1 quart every 1,000 miles. Didn’t know of this issue until i had some other things fixed a week after purchasing it. It kept stalling out on me. Took it to the repair shop and that’s when I was informed of the oil consumption problem.
I have a 2013 Chevy equinox with the same issue, how can I get help paying for the repairs or a replacement car? I was never told about any of these issues and now I’m stuck with payments on a piece of junk. I already have almost $4000 in repairs and still more to go. I’m a single mother and can’t afford this. It’s scary when I’m driving and car goes into “limp mode”.
I have a 2011 Chevy Equinox and in February of 2021 while on the freeway at 65mph, my car died. I was able to get it to the side of the road without hitting anyone thank god. I found out today that it has a blown head seal i think is what its called. The engine will now have to be pulled and rebuilt or replaced. This car only has less then 80k miles on it and is only driven local. I am disabled and need the car to get to and from my appointments for my heart. Now i have no way to get there. How do i get on the class action lawsuit?
Why wasn’t I notified by Chevrolet?!?!? I have given them over $2k in repairs!!! I have a 2013 Equinox and yes, I would like to be compensated for these repairs.
Three weeks ago my 2013 Equinox went black while driving sixty miles an hour down the expressway. I was thankfully able to exit safely. I was aware of the recall and did what my recall letter said to do – go have it checked by a dealer which I did. No issue, so they say. Flash forward, after me questioning it, one stand out point from the diagnostic that came back after the failure was zero oil showing on the dipstick. It was four thousand miles from my last dealer oil change to the engine failure. I had been working with a level two customer service rep to see what could be done. It took three weeks for her to come back and offer a two thousand dollar loyalty certificate. That offer happened the same day I called my dealer, spoke to the service manger, and got him to confirm my suspicions of oul consumption. I was told my “warranty” ended in October 2020. The failure didn’t happen until July of 2021. I can’t find anywhere in the lawsuit that there was an end date for giving consumers full repairs of their vehicles. It’s a known defect. I called and had my case reopened with the level two rep. I’m going to continue to be at thorn in their side because I prefer to have my old, recently paid for suv fixed than have endless lease payments as I can’t afford out right buying a new vehicle. Are there any avenues to explore rather than complain loudly? I haven’t had a car on three weeks now.
I was sold a Chevy Equinox in Sept 2018 and nobody mentioned excessive oil consumption now I’m stuck with 37 payments on a vehicle that don’t run.