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.
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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
Same bs bought new 2012 by time I saw post to many miles for this warranty, more milesmeans more expense we have didn’t have any problems for the first 60,000.
I bought my 2010 equinox at a auto auction it ran great for a year and I’ve had problems every since. Timing chain, balancer chain, using oil,and metal in oil.
I have a 2011 Chevy Equinox and it uses a lot of oil.
The only recall notice I received was if we had paid for the piston-ring replacement.
I always thought that we should be paid even if we did not get that done.
We still have the same problem but just didn’t have the money have the work done.
I had a timing chain and valves go because of the low oil situation.
How can we collect this $?
My mother’s 2012 Chevy Equinox has been burning threw lots of oil. She’s had to continously change oil and continously add oil. How did GM get away with not notifying owners. We took it to the dealer just today and they said that it would cost $5000.
Just paid $5375 to have my 88 yr old dads 2012 Equinox motor replaced/repaired. Not sure if I need to go after GM or after the used car dealer that sold it to him, knowing that it consumed oil. (financial exploitation–elder abuse). I know the dealer knew, because I contacted the previous/original owner that traded it.
I am currently in the process of replacing my engine for the second time, the first time I had received the class action lawsuit form in the mail and filed for a reimbursement I was not approved and now I am needing another replacement. I faithfully was getting oil changed. I really liked my car when I bought it but will never own one again! I still owe on the car so I am stuck paying $3000 to replace engine again. How is this not a manufacturer error?
We are in the exact same situation. 2013 Equinox is at the shop right now…yep, $3000 AGAIN to have it fixed. This is financially devastating to our family. I can’t believe we didn’t get anything out of the first class action lawsuit. So unjust.
I have a 2011 equinox that uses alot if oil. Plugs up my cat and has to be replaced, because of codes.
i have a 2012 equinox with 65,000 miles and am seeing increasing oil consumption with the last
two oil changes (every approx. 4,000 miles)
how do i file a claim?
I have a 2011 Chevy Equinox…. 109,000 miles took to dealership..they did an oil change, was to return when the 5,000 miles was up..took it in at 1500 miles..said I needed new pistons, rings, timing chain,ext. I have the bill $5,500 (due to oil consumption and no warning light to say I was low on oil).
I read up on the class action suit against General Motors. Would like to be reimbursed.
Bought my Equinox brand new in Wisconsin..now living in Arkansas.
Never knew about the lawsuit, bought a 2013 Equinox in 2020 and the dealer couldn’t sell it too us quick enough and did everything in his power to make sure we walked out of the dealership with it that night. Never mentioned the engine issues to us. Just barely hit 80,000 miles and the engine blew. Over $4300 to replace the engine and had to beg and borrow the money to pay for it. Dealership didn’t care at all. How do we get reimbursed for these costs since it appears the lawsuit is closed???