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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
Need to be added to this. Same issue here.
I am dealing with this too on my 2010 Volvo V50, bought in Florida. How do I sign up please?
I have the same issue in my 2006 Volvo s40. Driver side front and rear carpets are soaked. Was away for a while and came home to the rear driver side floor sitting in 2 inches of water. Cleaned everything and thought I cleaned the sunroof drain for clogs but still getting wet floors. Looks like I have to take it a step further like the youtube videos and remove the paneling to check on the tube that is supposed to connect to a second tube. Did this lawsuit result in anything? Is Volvo responsible for this repair now or should I continue fixing myself?
We have the same problem with our 2008 Volvo S40. Really want to hold Volvo accountable for the repairs.
We have the same problem with out 2008 S40 and live in VA. Anyway to get in on this. I just want repairs paid for.
i need to know who can i contact on this , have this for 4 years now .
Where can I sign up for this. My car was flooded last Friday with at least an inch of water on the driver side. Took it to Volvo in Bonita Springs, Florida and today I learned that Volvo will only pay $450, but the charge will be close to $1,800. This is my daughters car who is deathly allergic. I told Volvo that I would pick up the car tomorrow as is as I don’t have the money to repair. Can someone send or post the number or address where we can call to add ourselves to this lawsuit.Thanks,
I am having the same problem with my 2004 Volvo S40. The front and back driver side floors are soaked with water and only getting worse. I live in Ohio, is there anyway I can be added to this suit. Or is there anything I can do to get Volvo to take care of the issue? Thank you!
I have the same problem with water on the drivers side floor in my 2005 S80. Im in Ohio. How do I join the law suit?
My 2005 s40 same problem. Im in Florida. Contact me if this suit is still in play. Thanks. Am going to try and fix myself in the meantime.