Volvo Wants Android Compatibility Class Action Tossed

Volvo has asked for the dismissal of a class action lawsuit asserting that XC90 vehicles are incompatible with android phones, as allegedly advertised.

According to the car manufacturer, the issue has been resolved in most recent vehicles. Volvo representatives said the problem was no more than “early technical issues that created some delay,” though the drivers say the incompatibility amounted to misrepresentation. 

Volvo made their argument in favor of dismissal in a New Jersey federal court this week. The car company also took issue with the arguments presented by the drivers, calling their claims “fatally flawed.”

Volvo stresses that although the drivers say the website is a source of fraud, it makes very clear statements regarding the compatibility of the vehicle and Android Auto. According to Volvo, there were “early technical issues that created some delay,” but these did not amount to fraud.

Volvo went on to argue that the company had already taken steps to solve the Android compatibility issue before the drivers had even filed their complaints.

The company then stated that the drivers who filed the Android Volvo class action lawsuit had received letters from Volvo explaining the problem, and offering a solution at no cost to them.

Volvo notes that one driver who initially filed the the XC90 Android compatibility class action lawsuit ended his claims against the company and did not want to be a Class representative.

Allegedly, after Volvo filed a dismissal motion, this driver agreed the relief he sought in filing the Android compatibility class action lawsuit had already been provided before he had filed his claims.

Nonetheless, Volvo notes that the remaining drivers presented the same claims, with the same failures, “despite having the benefit” of Volvo’s longstanding dismissal motion for one driver’s claims.

The drivers attempted to file claims under both New Jersey and Florida law, and aimed to certify a nationwide Class of drivers. They also filed claims individually.

According to Volvo, the drivers should not be allowed to file a claim of violation of the New Jersey Consumer Fraud Act because the drivers do not live in the state, nor did they purchase their vehicles there.

The company asserts that the drivers wanted to file their claims in New Jersey merely because the state’s laws had the “most appealing consumer fraud law.”

Volvo notes that both drivers purchased their vehicles in Florida, and says that one driver is a Florida resident, while the other is a Massachusetts resident. 

The company then took a shot at the drivers’ efforts to certify a nationwide Class under New Jersey law, saying that the variations in state law across different states prevented this from being feasible. 

Volvo asserted that the drivers did not list the statements made by Volvo that led them to believe the vehicles were Android compatible and subsequently led them to purchase their vehicles.

According to Volvo, this lack of specificity meant that the drivers’ claims do not adhere to the pleading requirements in the Federal Rules of Civil Procedure.

Volvo takes issue with the fact that the drivers did cite third-party sources and press releases that advertised the Android Auto compatibly, when the car company says these sources advertise that the compatibility is “coming soon.” 

Volvo goes on to say that the drivers do not have constitutional standing to pursue their Volvo misrepresentation class action lawsuit, because they did not suffer the kind of injury required to do so.

The car company notes that the drivers say that the Volvo website claims the XC90 vehicles are compatible with Android, when really, the website says that Android Auto is compatible with the XC90 Sensus system and can be installed for use in the vehicle. 

The Volvo XC90 compatibly problem class action lawsuit was filed by R.M. in 2017. R.M. claimed that the vehicles were equipped with “Sensus” in-car technology, that was advertised as cutting-edge and compatible with Android Auto.

However, R.M. argued that this was a misrepresentation, because the systems were not compatible. Allegedly, Volvo added then Android Auto to the 2017 XC90 vehicles.

Do you own a Volvo? Did you choose your vehicle because of the bluetooth feature? Tell us in the comments section below.

The Volvo drivers are represented by Anthony Michael Christina of Lowey Dannenberg PC.

The Volvo XC90 Android Auto Compatibility Class Action Lawsuit is R.M. v. Volvo Cars of North America LLC, et al., Case No. 2:18-cv-03760, in the U.S. District Court for the District of New Jersey.

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