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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 2006 S40 with the same leaky problem. I have had to replace the lights several times on the car due to moisture in the wiring. I even got a ticket when one of the lights went out! I would like to get it fixed and be part of the suit. I live in NJ.
Same leaky issue as all other post above For 2006 volvo s40. Please let me know if can file in Washington state Where rain is always an issue
rear carpet is soaked on both sides. Have not taken to dealer yet in Raleigh but glad I know what the problem is now.
I would like to be a part of this I have a 2006 s40 with the same problem water coming in from sunroof and draining down to the floor everything in the car is wet and smells like mold. We have to put in a new carpet and padding now that the leak is fixed. Shameful of this company.
I have a 2007 s40 and I just spent all weekend investigating why my passenger side floor mats were soaking wet. Low and behold the sunroof drain was clogged. Now I have to remove the seat and try to dry the foam under the carpet. This is not what I expect from a high end car manufacturer. Seems like resale value will drop significantly with this problem and the more research i do, the more common it has become!
I too have a 2007 Volvo S40 with the sunroof leak. I took it in once before and was told it was the sunroof drainage system that had gotten backed up. They cleared the drainage lines but I have continued to have problems. I think if enough water gets in from where ever its coming from sunroof, outside dash area, it is getting into the computer module system. I get all kinds of lights on after it rains for a few days. I would like in on the suit as well.
Thanks.
2002 volvo s60 – same issue, drains clog and it leaks overtime it rains. How can I join?
Sign me up, I am sick of destroying all my heels! Probably spent more on shoes that repairs on the leak. I live in Massachusetts…..I want to join!
I also have the same water issues with my volvo s60 every time it rains. I have to cover it with a tarp to keep it dry volvo should be ashamed!!!!! I live in nh and would like to known how to participate in the lawsuit.
I have a 2003 Volvo S80 and have been experiencing the pooling of water in my passenger side footwell for probably six months, after heavy rains. I live in NJ. Can I sign up for this lawsuit? Also, neither my driver’s or front passenger windows roll down now, and the back driver’s-side door will not open from the outside. I’m wondering if these are related to damaged electrical system?