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
I own a 2011 equinox. Besides having the oil consumption issue, I also had to replace the transmission at 130,000. How do i start the process of either having my engine replaced or being reimbursed under this class action suit.
I have a 2015 that is doing the exact same thing!!!! Was this not fixed?
My 2013 has been using oil and now for the second time it has blown a front main seal due to the frozen pvc problem. GM replaced the seals once and did not address the pvc problem on it.
I have a 2012 gmc terrain,I noticed I have more frequent oil changes,and my vehicle has now started tapping noise which I am going to have looked at.
I own a 2010 and have had to replace motor..over 4k out of pocket and the new motor is doing same thing. I have not received anything for this suit and actually contacted the attorneys before this suit was filed. I need to know how I can be a part of this
I have a 13 terrain with the oil problem toolkit in so they could start the oil consumption test with the oil change I have always changed my own oil on every vehicle I have owned well it appears to me that they over filed my oil,took it back to dealer they checked it and yes it is overfilled they didn’t even offer to take any out is this a way for them to cover up for loss of oil so come 1000to 2000 miles it will still show its full I have always done all the work on all my vehicles. Also what about the catalytic converter oil blowing out and going out the exhaust by the way took my finger put it inside exhaust pipe and ran it around guess what black oil,so that leaves me to the conclusion how long before my catalytic converter will be no good and why did this not put in law suit they are not cheap by any means still over full working on my first 500 miles!!!!
i having this same problem they wont help me please send information on how to resolve this problem
I own a 2012 GMC Terrain. Earlier this week my check engine light came on, and my engine started to make noises. I was able to get it home. My husband went to put gas in it, and figured he’d check the oil since he too was hearing the noises. I was 3 1/2 quarts low. I was going to be taking my car in for it’s oil change this weekend. My husband and I work hard to make ends meet, and having a car eat through oil is not a good thing. I travel along the highway weekly, and am glad I didn’t have my 3 little nieces in the car. If GMC knows about this, and has for awhile, then they should be hold accountable for fixing or replacing all the parts. I don’t want to be paying on a vehicle that can sieze up at any moment. We have a second 2012 GMC Terrain, bit it is the larger engine, and have had no problems with it. I use to praise how much I loved my Terrain, and would tell people they were great cars. That won’t be happening again.
This past summer we purchased a used 2012 Equinox and have just realized we were being notified by the vehicle’s built in diagnostics to go in for an oil change sooner than the recommends dates / miles by the oil change shop. How to we become apart of this lawsuit and get the work done on the vehicle?
So, I’m currently at the dealership to start the oil diagnostics test. First, I had to pay for a new oil change to start the process when I had just had one 4 days before. Then here I am 1000 miles in and I have to pay for the oil they are replacing. This is going to go on for a while. So, I look at it both ways… I was already continuously adding and paying for oil anyway… then, I look at it as to why am I paying for this when they KNOW what the problem is and that they are responsible to fix it. Great settlement this is and I will never buy another Chevy!
Bought a 2010 Chevy Equinox about 4 years ago. A little over a year ago I noticed it was using more oil than it should. I took it too the local dealership I bought from and they couldn’t give me a clear answer on why it was consuming/ burning so much oil. The dealership provided paperwork for me to document when I checked the oil, oil levels and how much oil I added. The mechanic at the dealership did make the statement that I was over the mileage for my warranty and that if it was a piston issue it was not going to be a cheap fix. I changed the oil solenoids hoping it would resolve the issue but no luck. I will be taking it back to the dealership along with the oil consumption paperwork. The vehicle is now using roughly 5 quarts of oil between oil changes.