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. Heather says:

    I own a 2013 GMC Terrain that was 4qt low on oil in under 4,000 miles of a 10,000mile oil change. The timing chain is now messed up do to running low on oil. This causing the timing chain busted a whole in the valve cover. And now oil is spraying out. GMC is refusing to fix the problem even though all damaged was caused by excessive oil consumption!!! $3,000 worth of repairs for something the no is wrong with there engines and even after this lawsuit. This is all a scam and has not helped consumers at All!!!!!!

  2. Scott R Dunn says:

    I own a 2011 chevy equinox, 2.4 liter engine and was told today that my engine leaks oil internally and would need a whole new engine shortly. Just had an oil change 3 weeks ago and its down 2.5 qts already. Car has just 93000 miles on it. Can I still be a part of class action lawsuit?

  3. Debbera Hypke says:

    I have a 2010 Equinox. We have had the engine fixed, are on our 3rd timing chain. We were told the timing chains go bad because the engine runs so rough that the chains stretch out. Trans went out at 85,000 miles (our warranty was only up to 80,000), had the Exhaust Camshaft Actuator and Intake Camshaft Actuator replaced 25,000 miles ago – now they are bad again. Told it is due to the oil. Other exhaust parts as well. Practically a rebuilt car at this point. Just going to submit everything and see what sticks, I guess. Almost $9,000 worth of repairs. SMH! Glad to learn some people are going to get reimbursed. Hope I am one of them!

  4. Jackie says:

    Oil consumption test at 123000 and failed in less than a month. Can proof engine issues in the 13 Equinax prior to 120000 miles and Chevrolet won’t help. Sirs with a bad timing chain now. Owe $13000. Had for 14 months financied at 99000 miles. What can be done?

  5. jennifer n martini says:

    I have a 2011 equanox had oil changed a month ago checked oil today dry dipstick

  6. Catherine Brancato says:

    Had engine replaced in March 2019 in my 2010 Equinox.
    Paid 300+ for some kind of pump.
    Replacement engine is a rebuilt. Got a one year warranty on engine.
    Sounds like a airplane.
    Should rebuilt be replaced also?

  7. Todd Mushall says:

    If dealership fix the problem can I still get money?

  8. Heather Murphy says:

    Will the class members receive the $4,500 plus reimbursement for repairs they paid for out of pocket? When will payments start to be disbursed?

  9. Catherine Wilcox says:

    Why am I just now being notified of a settlement from April 2019.? I drive 100 miles a day. I missed the mileage cutoff by 3000 miles. 1 month ago my car would have been covered. My 2013 Terrain is having increased oil consumption and timing chain problems.

  10. Samantha Cook says:

    I have a 2013 Equinox that was purchased new. I took my vehicle to a chevy dealer in August and was told my engine was out. I too had oil consumption. I have 129000 miles and from my understanding, I’m not covered. I purchased my vehicle with cash and now I’m without a vehicle.

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