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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 have a 2003 S80, and have only been experiencing the pooling of water in the passenger side footwell for about five months after a heavy rain. I live in New Jersey and would like to sign up for this class action suit as well. How do I go about it,?
I have a 2006 Volvo s40 and am tired of spending $$$$ 2-3 times a year to clean out the lines on my sunroof to only continue to have my driver rear passenger side be FLOODED with every heavy rain. I keep 2 thick bath size towels down always to absorb as much dampness as possible. In the winter I have ice on the insides of my windows due to the constant moisture. My Volvo dealer in the first 3 years used different excuses each time they repaired it. First time they said that they neglected to hook something up from my previous visit for an AC problem I was having…second time they blamed it on the seal on my windshield and third time they replaced carpets and would not release my car until I signed a waiver releasing them from fixing this problem under warranty any longer. Under my duress I signed it and never took my car back to Volvo. I found a mechanic I trusted how to maintain my car after my warranty was over due to Weaver Bros in Cary, NC. Please sign me up for a Class action suit in North Carolina.
my 2009 s40 has the same leaky sunroof issue. Started noticing it last Sept 2013. I am in NY, not one of the class action states. I will call Volvo today.
I have a 2004 S60 Volvo with the same problem with leaking sunroof drains. Water comes in every time it rains. Car is beginning to smell moldy. How do I sign up for this lawsuit. I live in Maryland.
I have recently started parking my Volvo s40 outside and after rain there was a pool of water in passenger side floor, front and back. After taking it to the dealer. I I was told that the sunroof drains were clogged and that as a result the water “leaked” inside. I was told that I would have to return twice a year to have the drains cleaned or I could have them replaced with larger drains at 800.00 dollars. This cost would not cover the back window which no longer works. I took to local repair shop my husband uses and was told that one of the drain connectors was off and thay also printed a lot of material about these leaks, they were also skeptical about “larger drains” because there was no room inside the place that holds them.
I own a 2007 Volvo S40 and I am having the same problem with my passenger side sunroof drain. When it rains it leaks and water pools up on the front and rear passenger carpet and floorboards. When I drove around I would hear the sloshing of the water in the floor boards. Plus it caused a horrible mildew smell in the car. I pulled out the carpets and there was about 2 inches of water in the floor board that had soaked the carpet and insulation. I pulled everything out and let it dry for about a month. Now to find a short term remedy I attached a piece of hose to the drain and put a bucket on my front floor board for the the water to drain there. I really need to join this lawsuit. How do I sign up?
My 2007 XC90 cannot be driven in the rain. The leak does find its way to the drivers side floor. However, along the way water is getting into the electronics of the vehicle causing multiple problems which subside once vehicle dries. How to I get on board?
Where can I sign up for this lawsuit?
I live in Florida and have the same problem. Where can I sign up for this lawsuit.
S40 2005 leaky drain pipe
Mildew carpets
Would like to find out about lawsuit regarding this issue