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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
Down here in Florida and the interior of my car is becoming soaked any time it rains or I go through a car wash due to the leaky sunroof. It has ruined valuable documents and caused near accideant distractions due to the heavy water damage. I would like to join the suit
Same problem with my 2006 Volvo S40. Would like to join suit. I am in PA.
My 2006 s40 smells like something died in it. Same thing others complain about. Please count me in I am in PA
I just bought a 2004 xc90 and had water on floor after a heavy rain. Go to youtube an search Volvo sunroof drains and there are videos on how to fix the issue you need a 10 mm socket and a thin tipped standard screwdriver. Its an easy fix. I also bought a can of compressed air to shoot through the drain tube. I live in Pa. so I guess I have to wait till the lawsuit covers Pa. Good luck and if anyone kows how to get in the lawsuit if you don’t live in the 6 involved states let me know.
I have a 2006 V50 wagon that has been wet several times on the passenger side.I will file a claim. Please advise asap. Thank you
09 S40 with the same problem. I found the problem with the drivers side drain. But the car has been down for over a week now, because I had to tear the seats out and carpeting. But the carpet where the foam is thick, just will not dry. Not a happy person. I don’t think there will be any more volvos in this driveway. After every thing I read about this problem, It should have been fixed by 2009!!!
Hi, I have a 2008 s40 purchased in Mass that leaks with mold and mildew from sunroof not draining properly. How do I file a claim?
I to have a 2006 S40 that has leaked from sun roof and caused electrical issues with instruments and air bag system. Would like to know how to sign up on lawsuit. Live in Florida. Thanks!
2007 S40 leaks continue and care smells mildewy, surely there’s rust damage. Upsetting.
We have a 2009 volvo S40 which has been severely damaged by this sunroof drainage leak. I would like to get in on this lawsuit if at all possible!