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
My daughter bought a 2011 Chevy Equinox in July 2019. Now, in December her Equinox is getting its engine pulled because of oil consumption and no low oil live ever came on. Her first car she has taken a loan out for us now turning out to be a nightmare! I am wishing she would have never bought it! Is it possible for her to have a claim in this lawsuit and how do we do so?
How can I join this lawsuit? I have a 2012 equinox that is setting right now for the second time and I have only had it a year. Have already sunk an extra 4K in it now it’s down again.
Had my wife`s 2013 rebuilt because it guit running due to oil consumption. Waiting for claim form.
I have a 2013 equinox 63% oil life according to the car’s oil monitoring system … it had no oil in the engine … I have paid to replace variable timing solenoids and a new catalytic converter for if fue to this issue … I never get an oil pressure light indicating an issue … how do I get GM to fix this issue and get reimbursed
I own 2012 equinox, that has oil problem
Own a 2013 Equinox dealer acts like they don’t know anything about the class action being resolved. Need it fixed but they are wanting $3200. Guess I’ll wait for my settlement letter.
I own a 2013 equinox that has an oil problem
i have a 2013 terrain 2.4L that uses lots of oil
need infromation concerning this action
my 2012 equinox, burn oil like crazy. how do i get this resolved. i seen theres a lawsuot that set money aside for this kind of issue
I have a 2012 equinox (purchased in 2014) and within the past year or so have noticed that my oil seems to be disappearing. I am constantly having to add oil in between standard oil changes.
How do I get this fixed??
I have a 2011 terrain and it will not start due to reduced engine power. How do I know if I qualify for this?? Please help