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
On February 21. 2020 I took my 2013 GMC Terrain and afterwards at check out Flow GMC told my I needed to get the oil seals fixed, however, they never told me a lawsuit has been settled on this issue. So I traded it for a 2017 GMC Acadia. But if I would have known this I would not have traded. Is there anything I can do now on this issue?
On 4/10/19 we took car to Hardin GMC dealer due to oil consumption which seemed to be getting worse over the months. There were no leaks that we could see. Dealer performed compression test results Cylinder #1-270PSI, #2-270PSI, #3-270PSI, and #4-270PSI, Perform leak down cylinder 1-45%, #2-50%, #3-15%, #4-20%, Air heard at dipstick tube, Leak down past rings. Mileage was 72480 when work was performed. Total cost to us was $3,620.90. Please let us know if we would be entitled to any compensation for repairs under class action suit.
I have a 2013 Equinox with 102,000 miles, engine making a chatter noise during acceleration, brought it to the Chevy dealer states that there is a carbon buildup around the crank and throttle body that is causing the pistons to not seat well therefore burning oil at a significant rate. They state we needed an induction cleaning which we did and state they have 70% success rate. I picked it up yesterday and it is not making the noise any more, is this just a temporary fix?
I have all the same issues with my 2013 Equinox…and is now sitting undriveable!!!
I have a 2011 Chevy Equinox and my Mechanic said said it guzzles oil ,and now my water pump counter balance chain broke. Radiator had to be replaced,is there any thing I can do to get compensation.
How do we file a claim when the dealerships are claiming that it’s not covered when clearly it is! Or at least should be! They told my mom that it could be fixed for $4500. And then they lied to me when I asked them if my car was going to have the same problems when I took my 2012 Chevy Cruze in for my normal oil change and said they had no idea what I was talking about with some chevy vehicles having an excessive oil use issue… unacceptable that’s for sure just don’t know who to contact nor do I want this problem to cause my mother to loose her life unexpectedly while driving down the road due to GM negligence
I have been changing my oil every 5,000 miles and have to put in 3 quarts before oil change. I brought this up to Chevy representatives and they said it just the type that burns oil. Now I see this Litigation notice but my car is 158,000 miles now. So it’s over the 100,000 they state on notice to be covered.
So Am I out of luck and have to pay for repairs?
I’m in the same boat! They won’t cover it because I’m over the miles. I don’t know what to do now??
Doesn’t matter. My engine locked up due to excessive oil consumption. Happened literally 2 weeks before Class Action Lawsuit finalized. Had been following the excessive oil consumption and putting oil in car constantly, waiting for GM to step up and offer to pay for FIX. Judge withheld the final verdict because GM didn’t want to pay for Blown Engines, Judge said, “Heck NO!” In final settlement the Judge specifically stated ……Even when engines lock up GM should cover cost. Well, I am now being told that, “Since engine blew up the GM dealership cannot complete the excessive engine oil consumption test, so “There is nothing they can do!”
So even if you car was within the mileage limitations, it really doesn’t matter. Good Luck…..sad that we try and support American made and they produce crap, don’t back up their products and then treat customers like this.
Sad, sad, sad!
I have a very similar story in Minnesota and my 2011 Terrain. Two blown rear seals in two years with a combined repair bill close to $5000. I filed but repairs were outside 7.5 years.
We have a 2013 Equinox whose engine is going bad right now because of this oil defect. I literally have it in the shop right now waiting on the price of a new motor. I am also searching for my recall papers that was sent to me, order for me to get this problem fixed by the dealer… What I’m wanting to know though is now after my finding out about the Florida Judge ruling in favor of us Equinox owners with this problem, can i go to the dealer today with the case law stating that I suppose to receive $4500 in service repair to fix their problem that is now my problem? Or do i need the recall number?? Somebody tell me something please!
We own a 2011 Equinox that has already had the piston rings replaced per the extended warranty and it is still consuming oil. We are no at 105,000 miles and not sure what to do with it. There was no oil on the dipstick before this last oil change. Who knows what damage is being done!?
My mechanic told me Friday that the oil leak is doing something to a certain chain on the engine that will cause it to lock up.
I own a 2012 equinox. It sits in shed with motor going out becauce of this oil problem. Yep still making payments on it. Can not drive it.