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Preliminary approval was granted to a class action settlement, resolving allegations that General Motors duped consumers into believing certain GM SUVs had better fuel economy.
Lead plaintiff Sean Tolmasoff alleged in his class action lawsuit that GM falsely stated the fuel economy in three sport utility vehicles was 22 miles per gallon, when it really was 17 miles per gallon. The GM affected vehicles include the 2016 Chevrolet Traverse, the 2016 Buick Enclave, and the 2016 GMC Acadia.
The class action lawsuit claimed that GM’s overstatement of fuel economy in these vehicles hit owners and lessees twice. First, because they paid more for the vehicle than they would have if they had known the true fuel economy, and again when they paid for additional fuel at the pump.
U.S. District Judge George Caram Steeh certified a Class of SUV owners and lessees who purchased vehicles with a window sticker indicating incorrect fuel economy.
“Common issues exist among Settlement Class Members’ claims regarding whether the Defendant is liable for the misstated EPA estimated mpg on the Class Vehicles,” says the order granting preliminary approval.
The judge also granted preliminary approval to the settlement agreement.
“The court finds that, for purposes of settlement only, the [certification] requirements … are met by the settlement class,” noted the order.
Under the terms of the GM class action settlement, Class Members can receive either a check or credit toward their next purchase of a new GM vehicle within the next three years. The credit amounts to $2,000. Depending on the SUV’s model, Class Members can receive a check of up to $1,500.
The order granting preliminary approval of the settlement agreement notes that GM does not admit liability or fault or admits to any of the class action claims.
Judge Steeh also approved the notice procedures set forth in the proposed settlement agreement.
“The Court finds that the proposed Notice Plan contemplated constitutes the best notice practicable under the circumstances and is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action,” noted the order.
The class action estimates that nearly 7,300 vehicles were affected by the overstated fuel economy.
The parties will meet in November for a final approval hearing.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiff is represented by E. Powell Miller and Sharon Almonrode of Miller Law Firm PC and Richard D. McCune, David C. Wright, Joseph G. Sauder, Matthew D. Schelkopf, Joseph B. Kenney and Elaine S. Kusel of McCuneWright Arevalo LLP.
The GM Fuel Economy Class Action Lawsuit is Sean Tolmasoff v. General Motors LLC, Case No. 2:16-cv-11747, in the U.S. District Court for the Eastern District of Michigan.
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31 thoughts onGM Reaches Fuel Economy Class Action Settlement
I bought a Brand New 2018 Chevy Malibu Red Line Addition.
The Sticker said MPG of 27 City and 36 Highway. I have
been driving for almost 3 months the best i am getting is
23 Miles City 32 Highway. If you add up what is missing
that would be and extra 4 Miles time 13 Gallons 52 miles
in the City that would be 1 more round trip from Home to work.
I am 56 years old i do not drive fast I drive city more than Freeway The Freeway i do get a bit better but not what MPG said on the Sticker. Do i have a leg to stand on?
i brought one in 2016 how do I sign up
Can you get a buyback from this lawsuit?
I purchased a 2016 Enclave that falls under the recent 2017 class action suit for mispresenting MPG. Who do I contact to collect?
There was not a settlement website that we know of. According to court documents, notice was mailed to class members. You may want to contact class counsel to inquire about your status as a class member if you have not received official notice. Counsel is listed at the bottom of the article and can be Googled for contact information. We wish you the best of luck in getting your questions answered!
Was this lawsuit only for the auto when purchased new?
That would be a question for class counsel. There was not a settlement website that we know of. According to court documents, notice was mailed to class members. You may want to contact class counsel to inquire about your status as a class member if you have not received official notice. Counsel is listed at the bottom of the article and can be Googled for contact information. We wish you the best of luck in getting your questions answered!
Please add me.
The settlement was just granted final approval on 11/6/17. As of today, no appeals have been filed. There was not a settlement website that we know of. According to court documents, notice was mailed to class members. You may want to contact class counsel to inquire about your status as a class member if you have not received official notice. Counsel is listed at the bottom of the article and can be Googled for contact information. We wish you the best of luck in getting your questions answered!
I had a Pontiac Sunfire 2001