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 judgeโs order states. The defect necessitates the need for the car owner to replenish the carโs 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 judgeโs 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 judgeโs order reads.
The SCAs were put into effect to extend the class vehiclesโ warranty for piston replacement beyond the normal warranty expiration period, which was five years or 100,000 miles.ย ย
โThe 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,โ the judge states in her order.
The Settlement Class is defined as: โAll 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.โ
In addition, the judgeโs 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 โappropriate, fair, and reasonable.โ 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-ยญcv-ยญ14371, 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 2013 GMC Terrrian had an engine failure also due to the pistons and is still at the dealership cause I owe money for the engine still. Itโs winter and I drive for a living. Thats why I got the crossover. I also got the paper work in the mail. Coincidentally 2 days before my engine failed.
I received the letter regarding the lawsuit regarding my 2010 Equinox. I have also had to have work on my equinox regarding oil consumption and it is still not running properly. Who should I contact regarding this issue?
I recieved a letter about the class action about my 2013 Equinox. My engine had to be replaced due to piston issues. How do I go about filing my claim? I have all paperwork and receipts for the repairs
My 2011 Equinox failed oil consumption test at dealer ship
One of the pistons in the engine of my 2011 Equinox shattered a few years ago and I had to have the entire engine replaced. Took about a month of fighting with GM and they only covered a very small percent of the cost for the new engine.
I have a 2012 Equinox that has oil issues. When I took to the dealership they said I was somehow magically outside of warranty for the estimated $3K repair. Nightmare indeed. I donโt know if I am in this class action, but if not then I should be.
I own a 2015 chevy equinox and I have oil problems now I have a milky substance in my oil
I have a 2013 Chevy equinox which burn 1 guart of oil every 1000 miles it started around 60,000 miles and now has 98,500 miles what should I do
I have a 2013 Chevrolet equinox which failed the oil consumption test. It started burning oil at around 55 to 60,000 miles. The dealership covered half of the cost to replace the pistons which was 2K out of pocket for me. Iโm still waiting to hear as I was notified I was included in this lawsuit.
2012 Chevrolet Equinox which broke down in August due to oil and hasnโt been repaired yet.