Volvo Class Action Says Electric Car Mileage Claims are Misleading

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Last week, a proposed class action lawsuit was filed against Volvo by drivers who say the car manufacturer’s claims about the model XC90 T8 electric car mileage are misleading.

Plaintiff Xavier Laurens says he purchased a hybrid SUV to commute daily to his workplace without the need to use any gasoline, based on Volvo’s claims that the mileage capacity for the electric battery was 25 miles. However, Laurens claims that the car would only go 8-10 miles on a full electric charge – a drastic difference from the auto maker’s mileage claims.

“As a result of this reduced electric battery capacity, plaintiff is unable to complete his daily commute or everyday tasks without using the gasoline engine, which prevents plaintiff from obtaining the cost saving effects of foregoing gasoline for local trips and the environmental benefits of operating solely on electricity,” the complaint reads.

Laurens claims that in Volvo’s marketing materials for the T8, the company promised that the vehicle had a range of 25 miles using just electricity. However, in April 2015, based on the U.S. Environmental Protection Agency criteria the vehicle provided an estimated 17 miles, then later that month revised its mileage claim back to the original 25 mile range, according to the lawsuit.

The hybrid model of the T8 allegedly cost Laurens an additional $20,000, and he paid the premium for the car believing he would benefit from gas savings while driving a vehicle that had a smaller environmental impact, the plaintiff claims. When Laurens drove the vehicle and found his average range to be 8-10 miles on a single charge, he states this was “a far cry from the 25-mile plus range repeatedly touted by Volvo.”

Laurens says that when he took his T8 to the Volvo dealer to figure out why his mileage was not reaching the range advertised by Volvo, he was allegedly told that the window sticker on the vehicle advertised that the electric range was 13 miles for the model, not 25. Since he preordered his vehicle, Laurens states that he had no way of knowing that information in advance.

The dealership proceeded to test Laurens’ T8 and as a result, the dealership was able to get 14-18 miles out of the battery, but only by having the driving conditions be on a highway at less than 40 miles per hour, with the safety features and heat turned off, according to the complaint.

“Plaintiff purchased the T8 both for the lessened environmental impact and the gas savings by being able to drive the T8 for local commutes and errands without the need to use gasoline,” the complaint states. “For such purposes, the difference between an eight- to 10-mile range and a 17- to 25-mile range is enormous, as for plaintiff, and many others, gasoline is needed for an everyday commute, which is contrary to Volvo’s promises concerning the electric battery range.”

Laurens asserts that he would not have paid the additional $20,000 premium had he known the vehicle would not perform as promised. Laurens requested a refund from Volvo for the price difference, and Volvo has refused, according to the plaintiff.

The plaintiff is seeking to represent himself and a nationwide Class of drivers who purchased or leased the 2016 Volvo XC90 T8. He is seeking compensatory damages as well as actual damages, including disgorgement of revenues and has also requested an order enjoining Volvo from continuing its allegedly illegal practices.

Laurens is represented by Joseph J. Siprut, Todd L. McLawhorn and John S. Marrese of Siprut PC.

The Volvo Electric Car Mileage Class Action Lawsuit is Laurens v. Volvo Cars of North America LLC, et al., Case No. 1:16-cv-04507, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On June 9, 2016, Volvo filed a motion to dismiss a class action lawsuit that alleges they falsely represent the range of their hybrid electric vehicle’s charge.

UPDATE 2: On Oct. 13, 2016, a federal judge dismissed the class action lawsuit, ruling that since Volvo offered a complete refund of the purchase price, there is no harm or injury to be redressed.

UPDATE 3: On Nov. 8, 2017, Volvo will continue to face false advertising claims from an Illinois couple who allege the hybrid vehicle they bought does not perform as advertised. Following an appeals court’s reversal of a previous dismissal, a federal judge concluded that the plaintiffs adequately alleged Volvo falsely represented the electric-only driving range of its XC90 T8 plug-in hybrid sport utility vehicle.

UPDATE 4: On April 30, 2018, the plaintiffs say that the Volvo class action lawsuit should be moved to New Jersey, the headquarters of Volvo, to avoid questions about jurisdiction in the case.