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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 2010 S40 volvo and I have the same issue. My front driver side floor is soaked with several inches of water when it rains very hard. Is there any current lawsuit going on? If so, I would like to be a part of it! Thanks!
I have a 1998 S 70 Volvo that is experiencing the same leaking sunroof problem. How can I join the lawsuit as well. This has caused extensive damage to the passenger side and interior of my vehicle.
I have had 2 floods in my 2003 Volvo XC90 one in 2011, auto repaired with YAW Sensor replacement cost $1500.00. Now after 1 month of rain, the auto is flooded under the rear passenger seat. Volvo willing to pay for the replacement of the design flaw but not the flood. Also air conditioning vent not working. Volvo not willing to pay for the cost to remove the flood $370.00. Volvo states they will not pay for the removal of the flood stating negligence on the part of the previous repairman. I think it is negligence to continue to have the consumer paying for a design flaw! I need to get more information about this class action suit and find out if we can be a part of this. I live in Colorado.
To ALL: go to the website http://www.chimicles.com and search Volvo Suit. Those are the attorneys handleling the class action for ALL s40 Volvos from 2000-2012. The class action was finalized on March 26th, 2015 but it only applies to the states of California, New Jersey, Massachusetts, Florida, Hawaii and Maryland. I believe the pay out was $69mil. My boyfriend car got ruined with water damage earlier this year and we just found about this. We contacted the lawyers and we are awaiting a response to know if we qualify for any reimbursement. Please do your own research, but I hope this info helps.
2005 Volvo s40 – same problem. Clogged or disconnected drain tubes resulting in profuse flooding of the back floor panel. Carpet soaked so deeply that standing water sits in the rear after every rain. Asbolutely devistated, smell so of mildue, windows always fog up now becuase high moisture in the interior. Its dangerous and disgusting. Volvo needs to be held accountable for this drastic design flaw.
I currently have puddles under both driver and passenger seats. I have a 2004 Volvo S40 2.4L late model. I currently live in Virginia and am curious how I can go about having this issue resolved.
I am having the same issue with this on my 04 s40. If this case is still going I would like information please!
Hello–Have just learned of this sunroof problem and lawsuit. Had major water and mold some years ago. Now has occurred again. Please tell me what you have learned as a result of the question you recently posted online. Thank you very much.
We have a 2007 Volvo XC90 with this defect that has resulted in major damage. We are in Maine and would like to participate in the class action. What is the status of the lawsuit? Thank you.
2004 S40 – same leakage problem….what about Volvo being so reputable. Add me to Suit