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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
Our S40 recently got so soaked with the spring rain that there was a puddle in the rubber mat above the carpet. We spent several days spongeing the water out but in end we finally ripped the carpet open to dry the carpet thoroughly but the car still smells mildewy and probably molded in the areas we didn’t fully rip open. What a nightmare! We thought perhaps the loose door seal had leaked the water in but after getting that fixed we were still getting water. We finally figured out it was the sunroof leaking after testing the drain. Now we have to figure out how to fix it.
I have had the same issue where can I sign up to join in this claim!
My 2004 S 40 has this problem ! I am in GA getting ready to move to CA how do I get into this or begin a class action suit? I have had so much $$$ into this to fix problem to no avail , It smells musty and I cant get rid of it! oye. Please advise where I need to go or who to talk to
As a repeated problem over the years, finally diagnosed to my expense. I will sign up for NH, class action.
I have a 2007 S40 with s dealer diagnosed sunroof drain leak and $900 repair quote because the vehicle is out of warranty. I proceeded to ask how the warranty mattered on something that is clearly a design flaw not user error or misuse and was told without a recall Id have to foot the bill. The parts manager even feigned shock that there’s a class action suit over the defect. Id love to be a part of this class action. The car further depreciates and rusts due to this not to mention the health risks imposed by mold or the electrical corrosion yet Volvo doesn’t stand by their product. Certainly shows how the consumer is viewed but this company.
My 2006 Volvo V50 has the same faulty sunroof drains discussed in http://wheels.blogs.nytimes.com/2013/04/01/suit-over-volvo-sunroofs-can-move-forward-judge-rules/. Spent nearly $900 in July 27, 2012 on a repair to resolve this at Volvo Dealer and it still leaks. I’m Type 2 Diabetics and allergic to mold that wet carpets are a good breeding ground for it. How can Maryland Volvo owners be added to the pending class action lawsuit?
I too have an s40 Volvo with water leaks and this is not the first time I brought it to get fixed for that reason. I’m getting real tired of spending $$$ for the same problem. Didn’t realize it was this extensive of a problem either. Where do I sign??
I live in Delaware, can I get in on this suit?
Just pulled the seats and carpet from my 2005 S40. Carpet/pad soaking wet on the drivers side.
I’ll sign up for the lawsuit from South Carolina.
Wow, I just dropped off my Volvo to the dealership in Seattle because my S40 was flooded after some heavy rains. All the windows had been closed, and I suspected the sunroof, but I didn’t realize it was this bad. The kicker was that there was another woman who had her Volvo in for the very same problem. I heard them explaining the issue to them.
I’ll sign up for this lawsuit. Tell me how.