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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
2001 S60 Volvo driver front and rear floor mats soaked, no diagram anywhere to be found on drain tubes. Leather seats ruined, carpet stained, yeah where do I sign up?
I have a 2006 Volvo V50 and have the same problem. With California being in a drought for the last few years, this has not been a major issue, but now that the rain has started again, this issue can no longer go without resolution. How do I become apart of this lawsuit?
I have a 2004 S60 that is flooded out on the drivers side flooring in the front and rear of drivers seat due to a sunroof drain that is defectivly engineered when water is poured in the drain it goes down the pipe and exits threw the bottom of the car and also goes into the flooring of the car theres no access points to repair the tube its like they built the car around it add me to the lawsuit
2007 Volvo XC90 sunroof will leak under heavy rain starting in 2014. I usually have it garage so it wasn’t detected earlier. Rain must be a downpour to drip. Sunroof panel is stained. Im in Charleston SC and would join another class action nationwide.
I live in CT. I have a 2005 V50-120,000 miles – Same problem when it rains left front carpet gets soaked. I am trying to figure out 1) how to remove the front left carpet without damaging the carpet so I can hang to fully dry out….. do I need to remove the center console ? 2) The clear hose that runs from the sun roof drain down the A pillar to the black elbow hose looks to be too short 3) It also looks like the black elbow hose into which the clear hose attaches is blocked (it is located in the front left corner of the wind shield) but i am not sure if I remove it I will be able to put it back. How can I clean it ? thanks for your help
This has been a problem for the last 3 years and a nightmare owning this car especially living in Seattle with the heavy rainfall. Is it still possible to sign up? How do I obtain the form?
I have this same exact issue on my 2006 s40. And so far it cost me 3 trips to the mechanic. I would like to sign up for this How do I get the form?
I have a 2006 Volvo s40 with the same problem. I would like to sign this lawsuit as well. Thank you.
2006 volvo s 40 leaked , volvo sad that no recalls ,had entire apostasy removed for cleaning, drain tubes come out where it go in at the fire wall , it is a factory problem . Car runs most of the time have put battery and 3 alternators , would like to be on the lawsuit , really just like my volvo fixed , Rossville Ga.
2011 XC-60 with major leaking from my sunroof. Tried to clear the tubes on my own, I will see if it worked. How can I join?