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Volvo Cars of North America LLC has been equipping cars with a rear-facing backup camera that fails to work properly, according to a proposed class action lawsuit.
Plaintiffs Jacquelyn and David Obergfell claim the defective Volvo rear camera doesn’t provide a clear image or fails to give any image at all.
The couple alleges that Volvo has given up trying to fix the defect, even though it should be covered under the vehicle’s warranty.
The Obergfells say they bought a new 2014 Volvo XC90 in October 2014 from a Dallas Volvo dealership. They soon noticed that when they put the vehicle in reverse, the Volvo rear camera display failed to project an image like it’s supposed to.
They promptly brought it back to the dealership for repairs. However, the attempted repair did not fix the problem and the display continued to intermittently fail.
From August 2015 through June 2016, the Obergfells brought the vehicle back to the dealership several times to attempt further repairs, but the problem persisted.
On the last of those occasions, a service manager allegedly told the couple that Volvo is aware of the defects with its rear cameras but the company could not yet provide a solution.
The plaintiffs say they are not the only Volvo owners who have experienced this problem. Several other affected owners have posted complaints in online forums about this alleged Volvo rear camera defect, they claim.
They quote a complaint by one owner describing a similar problem. According to that owner, the Volvo rear camera sometimes produces an unclear image or fails to provide any image at all.
The shop at that owner’s dealership said alternately that it could not replicate the defect and that the problem was a software issue. The owner claims the dealership updated the software, but the problem still remains.
This Volvo rear camera class action lawsuit raises claims for breach of express and implied warranties. Plaintiffs say the defect manifested well within the express warranty period of four years or 50,000 miles, obligating Volvo to come up with a solution to the problem.
Plaintiffs also claim the Volvo rear camera defect violates the Magnuson-Moss Warranty Act, a federal law that bolsters warranty protections for consumer goods.
The Obergfells propose to represent a nationwide plaintiff Class consisting of all U.S. persons who at any time within the applicable statute of limitations period owned or leased a Volvo-branded car with a rear camera.
They are asking the court to award damages, equitable relief, court costs and attorneys’ fees, and any other relief the court deems appropriate.
The plaintiffs are represented by attorneys Christopher Markos and Michael J. Quirk of Williams Cuker Berezofsky LLC, Marc R. Stanley and Martin Woodward of Stanley Law Group, and Dean Gresham of Steckler Gresham Cochran.
The Defective Volvo Rear Camera Class Action Lawsuit is David Obergfell, et al. v. Volvo Cars of North America LLC, Case No. 2:17-cv-00161, in the U.S. District Court for the District of New Jersey.
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