Volvo Class Action: In-Car Technology Not Compatible with Android Auto

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Volvo Cars of North America LLC and Volvo Car USA LLC have been hit with a class action lawsuit accusing them of misrepresenting some of their vehicles as being compatible with Android Auto.

“This case concerns Volvo’s ubiquitous misrepresentations in its marketing of the Non-Compatible Volvo XC90s that those cars featured compatibility with Android Auto, when in fact, the cars were not compatible with Android Auto,” plaintiff Robert Middien alleges in the Volvo class action lawsuit.

According to the Volvo class action lawsuit, Volvo introduced its new generation of Volvo XC90 crossover SUVs for sale in the United States beginning in September 2014. To distinguish the Volvo XC90 from its competitors, Volvo allegedly began marketing it as more technologically advanced than competing vehicles.

Specifically, Volvo touted its “Sensus” in-car technology user interface. According to the Volvo class action lawsuit, Volvo promised that a cutting-edge feature of the Sensus interface was its compatibility with Android Auto, which would allow the driver to integrate Android smartphone features with the Volvo XC90’s Sensus system so that certain Android functions and applications would be displayed on the vehicle’s touchscreen display.

“Volvo’s representations that the Sensus system in the Volvo XC90 was or would be compatible with Android Auto were false and misleading,” Middien asserts in the Volvo class action lawsuit. “Volvo has now admitted that the Sensus system in the Non-Compatible Volvo XC90s was not compatible with Android Auto, and the Sensus system in the Non-Compatible Volvo XC90s are not and never will be compatible with Android Auto.”

Volvo reportedly added Android Auto to the 2017 XC90 vehicles it was manufacturing and offered complimentary upgrades to allow compatibility with Android Auto. However, these upgrades were only available for 2017 XC90 models that were built after April 2016, the Volvo class action lawsuit alleges.

Compatibility with Android Auto reportedly requires two USB ports, and the XC90 vehicles manufactured prior to April 2016 only have one USB port, according to the Volvo class action lawsuit.

Middien asserts Volvo’s misrepresentations of the Sensus system’s compatibility with Android Auto violate New Jersey’s Consumer Fraud Act and breached express warranties under New Jersey law.

Middien says he purchased a 2016 Volvo XC90 in about May 2016. He points to numerous press releases, marketing materials and other representations made by Volvo about the compatibility of its XC90 Sensus systems with Android Auto.

By filing the Volvo class action lawsuit, Middien seeks to represent himself and a proposed Class of consumers who purchased or leased a new 2014 or 2016 Volvo XC90, and all consumers who purchased or leased a new 2017 Volvo XC90 with a Sensus system that is incompatible with Android Auto and cannot be made compatible with Android Auto.

Middien estimates there are approximately 29,000 putative Class Members. He is seeking actual damages, attorneys’ fees, expenses and costs, pre- and post-judgment interest, and other relief deemed proper by the court.

Middien is represented by Edward F. Haber and Patrick J. Vallely of Shapiro Haber & Urmy LLP.

The Volvo XC90 Android Auto Class Action Lawsuit is Robert Middien v. Volvo Cars of North America LLC, et al., Case No. 1:17-cv-11721, in the U.S. District Court for the District of Massachusetts.