Update:ย
- GM cannot escape claims the automaker sold vehicles equipped with defective transmissions that cause them to shake when shifting gears.
- The 6th Circuit ruled last month that there was no reason to reverse class certification for a group of vehicle owners from 26 states.
- GM argued most of the class members had not experienced transmission problems and therefore lacked standing to file a complaint.ย ย
- It also argues the district court abused its discretion in certifying the class.
- The 6th Circuit determined the district court did not abuse its discretion and that claims the drivers overpaid for their vehicles was sufficient to establish standing.ย
(June 27, 2019)
A class action lawsuit claims that more than a dozen GM vehicles possess a defective transmission that causes them to shake when when shifting gears, and can cause the transmission to fail prematurely.
The GM transmission shake class action lawsuit was filed by Dennis Duffy, Richard Sullivan, Daniel Baptist, Dennis Speerly, Michael Plafker, John Iasiello, and Benjy Tompkins, who say they all drive GM vehicles manufactured between 2015 and 2018.
The vehicles listed in the GM class action include the 2015-2019 Chevrolet Silverado; 2017-2019 Chevrolet Colorado; 2015-2019 Chevrolet Corvette; 2016-2019 Chevrolet Camaro; 2015-2019 Cadillac Escalade and Escalade ESV; 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V; 2015-2019 GMC Sierra, Yukon, and Yukon XL, and Yukon Denali XL; and the 2017-2019 GMC Canyon.
Allegedly, each of these vehicles are equipped with one of two models of eight-speed automatic transmissions, both manufactured by GM: the GM 8L90 or 8L45.
The GM class action states that while the vehicles are being driven, if a driver attempts to accelerate or decelerate, their vehicles hesitate then โshake, shudder, jerk, clunk, or โhard shiftโโ when the transmission changes gears.
The GM shake class action lawsuit says this shaking also happens when the vehicles accelerate in one gear, and not just when they shift gears.
Allegedly, this defect makes the vehicles uncomfortable to drive, and can be so violent that the driver thinks they have been hit and can cause them to lose control of the vehicle.
The GM shake class action lawsuit notes that โone purchaser reported that the transmission shifted from โreverseโ to โdriveโ so harshly that he almost drove through his garage door.โ
Additionally, the GM transmission defect class action lawsuit asserts that the defect can cause the transmissions to fail prematurely. Allegedly, the shaking and jerking is caused by internal issues in the transmission and/or torque converter.
This internal problem reportedly causes friction on surfaces, hydraulic systems, and gears, preventing the system from functioning properly and causing metal shavings to be circulated throughout the transmission.
The GM transmission class action lawsuit says this defect, and the metal shavings circulating, causes damages to the transmission over time and requires components to be replaced.
The drivers argue that GM is aware of the defect but failed to notify consumers. Allegedly, GMโs actions and the defect caused financial injury to consumers, who say that had they known their vehicles were defective, they would not have purchased it or would not have paid as much as they did for it.
Supporting their claim that GM is aware of the defect, the drivers note that GM has issued 13 versions of a โtechnical service bulletinโ related to the shifting transmission problem since 2015.
Allegedly, these bulletins were designed to inform dealerships of the problems, and advising them how to deal with the issue. However, the plaintiffs say GM has not implemented a solution to the problem and has not compensated drivers.
The plaintiffs further note that GM has not informed customers of the problem and instead misleads them into believing that the vehicles are functional and free of defects.
The GM drivers are represented by Theodore J. Leopold, Andrew N. Friedman, Douglas J. McNamara, and Julia A. Horowitz of Cohen Milstein Sellers & Toll PLLC; and by Robert Gordon and Steven Calamusa of Gordon & Partners PA.
The GM transmission defect class action lawsuit is Dennis Duffy, et al. v. General Motors Inc., Case No. 2:19-cv-11875-AC-MKM, in the U.S. District Court for the Southern District of Florida.
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27 thoughts onGM must face defective transmission class action
Have a 2015 Yukon XL. Transmission went out at 112,000 miles. Owner at the transmission shop says the problem with them is GM wanted the vehicles to get better fuel mileage by adding a bypass valve between the oil cooler in the radiator and the external cooler in front of the radiator. Doing this raises the temperature of the transmission fluid way too hot for the transmission to survive. Had a total rebuild with a new billet torque converter and I didnโt lose enough mileage to worry about it. Have around another 100,000 miles since rebuild and no problems yet. Iโve been a GM consumer for thirty-five years and yes they have been messing up with their consumers. Before this one they should have done something on the faulty 4L60E transmissions as well. Yes add me to the list also, Iโd like to get something back for their denying problem.
I have a 2015 GMC Acadia. It started shuttering while I was gong overseas. When my ex wife would take my kids to school. I came home at the end of 2020. Had it fixed and then about 6 months later. It started doing it again. Now I have been dealing with it but I believe itโs getting worse.
I have a 2018 gmc sierra with 42,000 miles. Have shifting problems at low speeds. Had it to dealership and they replaced the torque converter. Still have same issue. Had it back 2 more times and they told me there is nothing wrong. Not happy.
Got 2015 chevy tahoe had to replace transmission $6000 and the one they sent still seems as if it doing the same they say its from the factory o well I guess put me in the class automatically please
I have a 2019 Chevrolet Colorado z71 had nothing but problems with the transmission started at 1500 miles dealership puts a bandaid on it and it doesnโt work they lie right to your face first was a flush then it was the torque converter transmission still isnโt right the dealership wouldnโt give me a loaner cost me almost 2000 dollars in car rental very disappointed in the truck canโt afford to get another one not getting any younger by the way I keep the truck spotless as far as looks and maintenance Iโve been working on vehicles most of my life and itโs just not right
How can we become part of the lawsuit or include in the claim? I also invested in repairs due to this issue.
Had to replace my transmission on my 2015 Yukon.
I had to have transmission replaced on 2018 Silverado after only 40000 miles.
I have a 2016 Camaro SS which does the shuttering leaving me to believe it is a bad torque converter! I need to be added to this lawsuit as well! My vehicle h
Only has 15,000 miles on it!. Still new, but unsure to drive because I donโt want the transmission failing on me while Iโm on the road!
Have a 2016gmc serria it shift out hard an it shakes an when you put it in reverse it so hard the dealer said change the fuild I did still doing the same thing
Please add me
Yes, had torque converter failure, metal shavings, failure to shift gears, paid $3,500 for repairs by a gm mechanic. His speciality is transmissions repair/rebuild