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 2013 Chevrolet Equinox. It started to consume a lot of oil and the engine started, “knocking” really hard. I took it to two different mechanics to get a diagnosis. Both had differing diagnosis. One suggesting that I dump the motor and replace it. After a few phone calls with the service department at the Chevy dealership in which they tried to tell me I was not covered under the special warranty, but I provided proof that I was, I finally took it down to the dealership. I told them I didn’t feel safe driving the vehicle the thousands of miles necessary to conduct the oil consumption test. They suggested I pay out of pocket $812 to replace the exhaust manifold, at which point the vehicle would be safe to drive in order to conduct the test. I drove the vehicle 200 miles at which point the engine sounded like it might fall apart and had already consumed about half the oil. Chevy suggested that I pay out of pocket to get the car towed down to the dealership. They have agreed to replace the pistons and timing chains. But have told me I need to pay another $300 to replace the camshaft actuator. My vehicle only has 75,000 miles and I purchased it in October 2016. I will never purchase a Chevy vehicle again.
Hello, I own a 2013 Chevrolet Equinox, burned oil like no other. Had to refill my oil reservoir at least 3-4 times in between oil changes. Took it in to the shop and had to replace all pistons and rings..that’s a TON of cash out of my own pocket. How do I go about getting some type of kick back for this?!..
My 2012 GMC Terrain is horrible on oil consumption . I have tried to figure it out to no avail . I have been questioning people about it and was told to check this out
I have 2013 Chevy Equinox that burns oil badly. It’s not even paid for yet. Please contact me and advise
I bought a 2013 Chevy equinox in april 2019 and it burns oil really fast contact me asap
I have a 2011 Chevrolet Equinox. I received the claim in the mail, but my car did not start having issues until AFTER the SCA deadline for maintenance. I’m stuck without a remedy and without a working car. I called GM to see what can be done and they told me nothing can be done because I am outside of the SCA deadline. Extremely frustrating. Does not make me want to purchase another GM vehicle.
I have a 2013 Equinox. I actually loved this car, at first. I have had it for almost 3 years. I had 3 auto repair shops refuse to change my oil due to the knocking engine. I hav been having issues with oil consumption. I received the letter regarding the settlement.
I am in the process of an oil consumption test. Today, 119,900 miles. I am screwed. My engine is knocking. It started sputtering while idling. Few weeks ago, I noticed sputtering here and there while driving.
I am literally screwed. 120,00 miles, I will be exempt. I just want the car fixed. GM needs to do the right thing! Instead, GM is looking for every loophole possible!!!!!!
What Now??? I never would have purchased this vehicle if I was aware of this MAJOR PROBLEM!!
Yes, I have a 2012 equinox that has been causing engine problems. Contact me asap.
I have a 2011 Equinox my car caught on fire due to issue with burning oil on March 9, 2020. I have had all but one oil change done with the dealer with no mention of this. Last oil change was done about 2 weeks ago. Never had oil light come on either. The car did not burn up but am being told I will need a new engine. I bought this vehicle new it has under 118,000 miles. Mechanic says the fire started because catalytic converter got too hot.
I bought a 2010. Equanox and have this problem dont know what to do bought it last year has 126000 on it burns a lot of oil witch has made my catalitic converter go out any help would b appritated