GMC Class Action Alleges Acadia Shift To Park Defect

Drivers are accusing General Motors of shifty business over its handling of a known defect in the 2017 and 2018 GMC Acadia models.

The SUVs “fail to detect that the driver placed the car in ‘Park’ and prevents the vehicle driver from shutting off and locking the vehicle. Instead, the Class Vehicles display a ‘Shift to Park’ message on the instrument cluster even though the gear shifter is already in ‘Park,’” according to the GMC Acadia problems class action lawsuit.

“As a result of this Shifter Defect, Plaintiffs … are unable to shut off their vehicles and, to avoid battery discharge, are forced to resort to all sort of gimmicks to get their vehicles to detect that the shift lever is in fact in ‘Park.’”

Despite being given numerous opportunities to rectify the plaintiffs’ GMC Acadia problems, the automaker has failed to do so within a reasonable time, the GMC Acadia shift to park class action lawsuit argues.

Plaintiff Rilla Jefferson says she purchased a new 2017 GMC Acadia in Tennessee in October 2017.

She claims to have lodged a series of complaints with the dealership starting the following May regarding the GMC Acadia shift to park defect, but each time employees who inspected her vehicle failed to identify the defect and made no repairs other than replacing the battery.

Finally, in May 2019, she says the dealership informed her she would have to pay out-of-pocket for any further inspections and repairs. Her GMC Acadia problems were never fixed.

The other named plaintiff, Mark Riley, says he purchased a 2017 GMC Acadia in June 2017 in Ohio.

He allegedly called the dealership several times to complain about the GMC Acadia shift to park issue; but the service adviser told him that while GM was aware of the defect, no recall had been issued. He says he complained twice more in 2018, and each time was told GM had no fix for the issue.

The lawsuit maintains that GM was clearly aware of the defect as early as May 2018.

On May 29, 2018, GM reportedly issued its first Technical Service Bulletin (TSB) on the subject, titled “Vehicle Displays Shift to Park Message on DIC When in Park. Vehicle May Not Shut Off When Put in Park or May Not Start.”

It warns that “due to an ‘unknown’ cause the Class Vehicles may exhibit the aforementioned defect,” the lawsuit reports. “That TSB stated ‘Engineering is still investigating the root cause.’”

On Oct. 3, 2018, GM issued a subsequent TSB, titled “Message Displaying Shift to Park When in Park,” which suggests that the defect could be corrected by replacing the transmission control shifter assembly, according to the lawsuit. And yet, “notwithstanding the existence of the TSB, GM did not repair either Plaintiff’s vehicle within a reasonable period of time.”

Numerous other consumers have complained publicly about the GMC Acadia problems, according to the GMC class action lawsuit. A website called CarComplaints.com, for example, republishes complaints made to the National Highway Traffic Safety Administration.

One of those complaints, dated June 2018, from a GMC Acadia driver in Michigan states: “When the vehicle is in park and you try to turn it off with the start/stop button an on dash error code of ‘shift to park’ appears even though the vehicle is clearly in park. You are not able to turn the vehicle off. I took the vehicle in for service on 6/4/18 and was told that GM is aware of the issue, however their engineers have not found a solution. This currently is forcing me restart the engine, put my car in reverse, shift back in drive, try re-parking and turning off again, repeating the process until it eventually turns off. I do not know if my car is truly in gear or not. I’m afraid that it might cause a dangerous situation.”

As part of their purchasing decisions, both named plaintiffs say they relied on GM’s New Vehicle Limited Warranty, which they allege was not honored.

It reads, in part: “The warranty covers repairs to correct any vehicle defect, not slight noise, vibrations, or other normal characteristics of the vehicle due to materials or workmanship occurring during the warranty period. Needed repairs will be performed using new, remanufactured, or refurbished parts.”

The plaintiffs are claiming breach of contract, breach of express warranty, and breach of implied warranty of merchantability. They are seeking restitution plus damages and court costs, as well as notification to putative Class Members about the GMC Acadia problems.

The GMC Acadia shift to park issue “substantially impairs the value, safety, and use of the Class Vehicles to the Plaintiff and members of the Class,” the lawsuit maintains.

Have you noticed the GMC Acadia shift to park defect? Leave a message in the comments section below.

Plaintiffs are represented by Sergei Lemberg of Lemberg Law LLC.

The GMC Acadia Problems Class Action Lawsuit is Rilla Jefferson and Mark Riley v. General Motors LLC, Case No. 3:20-cv-11213, in the U.S. District Court for the Eastern District of Michigan.

Read More Lawsuit & Settlement News:

COVID-19 Price Gouging Alleged in eBay Class Action

Sex Trafficking Survivor Appointed to U.S. Advisory Council on Human Trafficking

Amazon Class Action Alleges Massive Price Increases

Doctors’ Management Services Hit by Ransomware Attack