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Volvo Buyers Win Certification in Leaky Sunroof Class Action Lawsuit
By Mike Holter
Volvo buyers in six states won class certification in a class action lawsuit accusing Volvo Cars of North America of selling vehicles with defective sunroof drainage systems.
U.S. District Judge Dennis M. Cavanaugh on Tuesday certified the proposed state subclasses, which consist of all current and former owners or lessees of a 2000-2012 model year Volvo S40, S60, S70, S80, V50, V70 or XC90 vehicle in the following states: California, Florida, Hawaii, Maryland, Massachusetts and New Jersey.
Judge Cavanaugh, however, declined to certify a nationwide class of Volvo buyers because plaintiffs were bringing claims under the New Jersey Consumer Fraud Act, which cannot be applied nationally.
Plaintiffs in the 2010 Volvo sunroof class action lawsuit allege Volvo “had longstanding knowledge of a material design defect” in the vehicles’ sunroofs, which begins to manifest shortly after the limited warranty expires. They based this on the assertion that Volvo issued several technical service bulletins in an attempt to address the problem.
The alleged sunroof defect allows water to enter the passenger compartment and create “sloshing” and “soaking wet” floor mats.
The case is similar to a class action lawsuit accusing Volkswagen and Audi of also selling vehicles with leaky sunroof problems (Dewey, et al. v. Volkswagen of America Inc., et al.).
In December, a federal court approved a $69 million class action settlement in the Dewey case that provided reimbursement to VW and Audi owners for repairs, replacements and/or cleaning costs associated with the leaky sunroofs.
The Volvo Sunroof Defect Class Action Lawsuit case is Joanne Neale, et al. v. Volvo Cars of North America LLC, et al., Case No. 2:10-cv-04407, U.S. District Court for the District of New Jersey.
The plaintiffs are represented by Chimicles & Tikellis LLP and Mazie Slater Katz & Freeman LLC.
UPDATE: On Sept. 28, 2018, plaintiffs in a class action lawsuit alleging certain Volvos have defective sunroofs urged a federal judge to certify their proposed Class in a new motion.
Updated March 28th, 2013
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108 thoughts onVolvo Buyers Win Certification in Leaky Sunroof Class Action Lawsuit
I am a 2008 S40 owner as well… what recourse do we have????? I live in Texas ….
Hi – can someone tell me how to sign up for this suit? My wife’s 2008 S40 has this problem, causing moisture in the car and a mildew smell. Thanks.
I own an S40 with a leaky sunroof. How do I sign up for the law suite? Will I be able to contact the dealer to have the problem taken care of?
My brand new XC90 is flooded on both sides. This is my second leak. They said they fixed it. I want a new car! Volvo knowingly sold me a defective car. My last leak entered the compartment with all the electrical sensors in it and corroded them. One is the rear differential. Making it Dangerous to drive. Hopefully this will be covered under the lemon law ruling. Makes me sick really
My wife has a 2013 and the sunroof leaked last year and this week they replaced the windshield because she had water dribbling down on her left arm from the roof. Today the day after she got the car back the rain was still dripping down on her. The whole head liner is water stained.
My 2006 Volvo S40 has the same faulty sunroof drains discussed in http://wheels.blogs.nytimes.com/2013/04/01/suit-over-volvo-sunroofs-can-move-forward-judge-rules/. Spent nearly $500 on a repair to resolve this and it still leaks. How can Ohio Volvo owners be added to the pending class action lawsuit?
Would someone please post as to how to opt-in to the lawsuit? I have a 2005 Volvo S40 that I have paid TWICE to have the hoses replaced in, still leaking!!! $750 a pop, so I am into it for $1500 and still have rust under the front seats.
email me id really like to say hi
I worked over 4 hours today on my V 70 sunroof drain.
After removing the drain tube from the INSIDE of the door post, I found it stopped high up in the door post.
The water was coming out the door post seams onto the floor.
After drilling view holes in the door post, I found a plate in inside the post stopped the water from draining down and out of the car.
I had to drill a hole from under the car through the plate and then add more drain tubing to fix the leak.
Volvo designed this drain with a SHORT drain tube and a plate in the door post that stopped the water high up in the door post.
GREAT DESIGN VOLVO
The only way to see the design screw up, is to drill view HOLES in the door post.
now maybe they sue for bad transmission!! shame on you volvo..just needed a transmission cooler!!!
I had a 760. 1985 volvo and whenever it rained the back passenger side and the front passenger side had 1 to 2 inches of water (depending on how much it rained). Brought it to seveal dealers and some body shops no one could find out where the water was coming in from. Thanks for solving the mystery. Too bad i cant get in on the class action
I too had the same problem with an 06 S40. When I called Volvo corp. (2011) they said they had never heard of this problem before! I knew that was a lie because of the litigation prior. Anyway I am out of pocket $$$$ for interior roof repair, stained seats, and upholstery damage. I would be happy to sign on to this suit.
I had volvo that had a sun roof that leak was junk . I would like to sign in on this Lawsuit
Volvo owner since 2005. I too am dealing with this now, after Volvo of Savanbah stated all drains were clear. After 2800.00 2 weeks later it is now sitting in my driveway with a dead battery due to the driver side turn signal light not turning off. Due to the CEM water damage, this may affect my transmission, putting my vehicle in limp mode possible getting into an accident. Volvo of Savannah Ga is taking no responsibility nor refuses to recognize this is a problem. I spoke with Volvi headquarters, though rep stated there were issues, they refuse to do a recall, stating this is not a dangerous issue, I beg the differ!!! Thank you for listening, Mich
How does one sign on to this lawsuit? I want to get my car fixed
Unbelievable! Last year my 2007 XC90 stopped working. Began with random lights on the dash lighting up.(tire system maintenance required, ABS failure, etc…) Them stability control (All wheel drive) unit malfunctioned. The with in the same year, I started my vehicle up and every light on the dash came on and gauges stopped working. Took it to the dealer only to lean my CEM was fried. I happened to mention the class action lawsuit to the service tech. You would have thought I was explaining the theory of relativity to him because the blank look on his face and the I dont know anything about that remark said it all. RIGHT!! $1700 dollars later and they tell me, it looks like your CEM had water in it. Wonder why? Well after having the drains cleaned out twice in 5 years, I get a floor board with water in it last week! All of this in addition to a blower motor and window sensor that are malfunctioning. Lets just say Im not happy with this vehicle and If there is a way to join the law suit please respond to me.