Volvo Seeks Dismissal of Electric Car Mileage Class Action

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Volvo Cars of North America LLC and Volvo Car USA LLC have filed a joint motion to dismiss a class action lawsuit that alleges they falsely represent the range of their hybrid electric vehicle’s charge.

The Volvo defendants allege that plaintiff Xavier Laurens does not have standing to bring the Volvo class action lawsuit because his wife purchased the 2016 Volvo XC90 T8 at issue.

Further, Volvo claims that he has not demonstrated any false representation by Volvo regarding how long the vehicle could travel on a full electric charge.

Laurens filed the Volvo class action lawsuit in April after he discovered that his hybrid vehicle only traveled up to 10 miles on a full charge, far less than the 25 miles Volvo allegedly stated the vehicle could travel using only electric power.

Volvo disagrees with Laurens and asserts that the mileage representation he allegedly relied upon before purchasing the Volvo XC90 T8 was based on European certification standards.

Volvo claims that the European certification standards use a different method of testing than the U.S. Environmental Protection Agency.

In its motion to dismiss the electric car mileage class action lawsuit, Volvo claims that Laurens misinterpreted the 25 miles per charge estimate mentioned in statements released in October and December 2014.

Volvo argues that the statements clearly indicated that the vehicle could travel 40 kilometers on a full charge, but that this possible mileage was based on a preliminary calculation that was made based on the European certification standards.

According to Volvo’s motion to dismiss the electric car mileage class action lawsuit, the EPA overhauled the fuel economy labeling regulations in 2011 in response to the emergence of alternative and dual-fueled vehicles becoming available in the United States.

Under these new regulations, the EPA mandated the disclosure of the estimated distance a vehicle is capable of driving solely on battery power before the battery runs out.

“Because the fuel economy figures provided in EPA labels are merely estimates based on mandatory lab testing, the EPA requires that the window sticker include the statement: ‘Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle,’” Volvo says in its motion to dismiss the electric car class action lawsuit.

Volvo states that the EPA has been careful to make it clear to consumers that the fuel economy and range estimations should not be interpreted as guarantees of actual vehicle performance, and that a vehicle’s fuel economy varies for a number of reasons including different driving styles, vehicle maintenance, traffic patterns, weather, and other factors.

Further, Volvo claims that the Laurens’ vehicle had a window sticker that indicated it had an estimated all-electric range of up to 13 miles. Laurens does not argue that his personal experience differs from this EPA estimate, only that it failed to come close to the European standards.

Laurens claims that he would not have purchased the Volvo XC90 T8 if he knew it would only be able to travel up to 10 miles on a full electric charge.

Laurens is represented by Joesph 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 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 2: 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.