GM Class Action Alleges Automaker Fails To Disclose Engine-Related Defect

General Motors PCV System Class Action Lawsuit Overview: 

• Who: A group of General Motors vehicle owners have filed a class action lawsuit against the car manufacturer. 
• Why: Vehicle owners claim GM fails to disclose an alleged defect with the positive crank ventilation system in certain vehicles it manufactures and sells. 
• Where: The class action lawsuit was filed in Michigan federal court.

General Motors fails to disclose a defect with the positive crank ventilation system (PCV) in their vehicles’ internal combustion engines, a new class action lawsuit alleges. 

A group of GM vehicle owners claim the PCV systems in certain vehicles manufactured by the company are prone to “plugging and clogging” during cold weather. 

The vehicles affected by the alleged defect are GM’s 2010-2016 Buick Lacrosse, 2011-2017 Buick Regal, 2012-2017 Buick Verano, 2010-2015 Chevrolet Captiva, 2010-2017 Chevrolet Equinox, 2013-2014 Chevrolet Malibu and 2010-2017 GMC Terrain vehicles, according to the class action lawsuit. 

In the event a PCV system malfunctions, the owners argue the vehicle’s engine pressure can increase and lead to a rupture of its rear main seal, which they say can cause both catastrophic and permanent damage. 

GM, vehicle owners claim, sent out a “Diagnostic Tip” bulletin to dealers, but not to customers, in 2019 on account of the alleged clogging issue.

GM Class Action Claims Automaker Neither Recalled Affected Vehicles Nor Extended Warranties

Vehicle owners argue, meanwhile, that GM neither recalled the vehicles nor extended their warranties, instead electing only to “advised technicians to use a drill bit to clean out the clogged orifice.” 

Further, vehicle owners claim GM has known since “at least 1985” about the “PCV system’s vulnerability to cold weather and clogging” with owners arguing the company has repeatedly advised dealers on “how to fix” the issue.

“Despite this track record, GM continues to conceal this defect from consumers at the point of sale and continues to design, manufacture, distribute and sell hundreds of thousands of vehicles prone to this defect,” the class action lawsuit states. 

Vehicle owners claim GM is guilty of unjust enrichment and fraudulent concealment, among other things, and in violation of a number of state consumer protection acts. 

The vehicle owners want to represent a nationwide Class and Massachusetts, Michigan, Minnesota, New York and Wisconsin subclasses of all persons or entities who purchased or leased one or more of the affected GM vehicles.

Plaintiffs are demanding a jury trial and requesting injunctive relief along with costs, restitution and punitive, exemplary and treble damages for themselves and all class members. 

In related news, GM recalled more than 740,000 2010-2017 GMC Terrain vehicles last month over concerns the vehicles’ lower head lamps could present a glare issue due to a headlight housing defect. 

Have you purchased a GM vehicle containing a defective PCV system? Let us know in the comments! 

The plaintiffs are represented by E. Powell Miller, Sharon S. Almonrode and Dennis A. Lienhardt of The Miller Law Firm PC and Steve W. Berman, Jerrod C. Patterson and Anthea D. Grivas of Hagens Berman Sobol Shapiro LLP. 

The General Motors PCV System Class Action Lawsuit is Kiriacopoulos, et al. v. General Motors LLC, Case No. 2:22-cv-10785, in the U.S. District Court for the Eastern District of Michigan.

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