Volvo Hit With $5M Satellite Receiver Class Action Lawsuit

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Volvo Cars of North America LLC was hit with a potential $5 million class action lawsuit on Wednesday claiming that the automobile manufacturer installed a defective satellite radio device into its vehicles which drains the car battery even when the car is not running.

Lead plaintiff Theresa Jenner of Massachusetts filed the class action lawsuit against Volvo claiming the manufacturer installed the faulty device into all Volvo vehicles made since 2008, which searches for a satellite signal even with the car is “off,” continuously draining the car battery.

Jenner claims that Volvo knows all about the defect which could be fixed with a software upgrade to the remote digital audio receiver (“rdar”). However, the company has not disclosed the information to customers and has allegedly refused to install the software upgrade “without a charge of hundreds of dollars to repair a defective device that is unnecessary for the car’s safe operation and is, in many cases, simply unwanted.”

The Volvo satellite receiver class action lawsuit alleges that the defendant has violated common law fraud by not disclosing the “rdar” defect to customers which fraudulently induced the plaintiff and potential Class Members into buying a Volvo that contained the defect.

Jenner claims that after replacing the battery multiple times, a Volvo repair company explained to her that it was the “rdar” system that was draining the battery. When she allegedly asked to have the remote digital audio receiver disabled, Jenner was informed that the “rdar” was integrated into the car’s electrical system and could not be removed. The plaintiff further claims that she was informed the only way for her to eliminate the risk of future battery failures was to pay for a software upgrade which would cost hundreds of dollars.

According to the Volvo class action lawsuit, the company concealed the “rdar” defect from customers in order to boost sales which in turn caused the plaintiff and future Class Members to suffer from financial costs as well as an “ascertainable loss by receiving less than what was promised.”

Jenner is also suing on counts of breach of implied warranty and violations of the New Jersey Consumer Fraud Act.

If approved, the Volvo class action lawsuit would be open to all U.S. consumers who bought a Volvo car marketed, distributed or sold with a “remote digital audio receiver.” Jenner expects that there are tens of thousands of potential Class Members who might join the Volvo satellite radio class action lawsuit once its approved.

The plaintiff is represented by Joseph Alan Venti and Michael J. Quirk of Williams Cuker Berezofsky LLC, Marc R. Stanley and Martin Woodward of Stanley Law Group, Andrew S. Kierstead, of the Law Office of Andrew Kierstead and Peter N. Wasylyk, of the Law Offices of Peter N. Wasylyk.

The Volvo Satellite Receiver Class Action Lawsuit is Theresa Jenner v. Volvo Cars of North America LLC, Case No. 2:15-cv-06152, in the U.S. District Court for the District of New Jersey.

UPDATE: On Sept. 19 2016, Jenner opposed a motion by Volvo to dismiss a class action lawsuit alleging satellite radio receivers installed in their vehicles quickly drain car batteries.