Class Action: GM Trucks Don’t Measure Up to Towing Capacity Claims

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On Friday, a GMC Sierra driver filed a potential class action lawsuit against General Motors Co. accusing the automaker of falsely advertising the towing capacity on two GM trucks.

According to the GM class action lawsuit, plaintiff Richard Quintero bought his vehicle in the summer of 2013 and originally wanted to purchase a 2013 GMC Sierra. However, when he learned about the greater towing capacity of the 2014 Sierra, he decided to purchase the newer model instead and paid more for the newer model year vehicle.

Quintero says in the GM class action lawsuit that he planned to tow his travel trailer, weighing 5,000 pounds, and a 1,000 pound golf cart that was hauled inside the trailer. After learning that the towing capacity of the 2014 GMC Sierra was 8,800 pounds, Quintero decided to upgrade his trailer as well and purchased a 6,700 pound trailer to haul his golf cart.

Quintero states in his class action lawsuit that GM contacted vehicle owners nationwide at the end of 2014 informing them that the 2014 GMC Sierra 1500 Series and 2014 Chevrolet Silverado 1500 pickup trucks did not have the towing capacity that was advertised. GM reportedly said they had miscalculated the capacity and the actual amount that drivers could safely tow was 2,000 pounds less than the amount advertised at the time of sale.

According to the class action lawsuit, GM sent Quintero and other 2014 GMC Sierra truck owners a letter stating that the initial towing capacity had been miscalculated and was actually 6,700 pounds and not the original 8,800 pounds that was initially reported. Since Quintero’s trailer itself weighed the maximum towing capacity, he says he would not be able to safely tow anything in his trailer, and certainly not his golf cart.

Quintero asserts that GM went out of their way to advertise the superior towing capacity of the vehicles. “Prior to GM’s precipitous recalculation, GM expressly and repeatedly touted the towing capacity of class vehicles, and its representatives confirmed that towing capacity is a material, and often dispositive, consideration for pickup truck consumers,” the GM class action lawsuit says.

The plaintiff brings forth counts of breach of express warranty, negligent misrepresentation, and violations of various California consumer protection laws. He seeks to represent a nationwide Class of all 2014 GMC Sierra 1500 Series and 2014 Chevy Silverado 1500 pickup truck lessees and owners. He also seeks certification for a California sub-class.

Quintero is seeking injunctive relief, actual damages, an award of attorneys’ fees and costs, pre- and post-judgment interest and other relief as deemed appropriate by the Court.

“Had plaintiff and class members known the 2014 GMC Sierra’s and the 2014 Chevrolet Silverado’s actual towing capability at the time of purchase, and the safety hazard posed by towing loads in excess of a vehicle’s capacity, they would not have bought the class vehicles or would have paid much less for them,” the GM class action lawsuit summarizes.

Quintero is represented by Raymond P. Boucher and Maria L. Weitz of Boucher LLP, John A. Yanchunis, Marcio W. Valladares and Patrick A. Barthle II ofMorgan & Morgan Complex Litigation Group, and Paul R. Kiesel, Jeffrey A. Koncius and Mariana Aroditis of Kiesel Law LLP.

The GM Trucks Towing Capacity Class Action Lawsuit is Quintero v. General Motors Company, et al., Case No. 5:15-cv-02530, in the U.S. District Court for the Central District of California.