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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
My 2006 Volvo S40 sunroof leaks also….where do I sign up for the classaction law suit. Really a nuisance when you’re driving and water falls on your new hair do. Please anyting helpful to fix this is welcomed. Thanks for you ear.
Does this cover the C30s? My 2011 falls right in the year range and its happened twice since I’ve had it. I’ll be calling Volvo corporate today.
My 2006 V50 T5 AWD wagon has this problem. I need to join your class action.
I live in Texas and am having the same problem, my car is a XC60 2010 and the only difference is that all the water was on the drivers side, it has happened twice and now also the sunroof is not working either. This is not new for Volvo, after having this troubles I started reading and talking about it and my sister had the same problem with her 1996 S60 in Mexico, cant believe that after all these years of customers having the same issue with different models Volvo has done anything to solve it. Id like to know if there is another lawsuit that works for Texas owners of XC60s…
How long did it take for you to hear from them
I just can’t believe a car that is suppose to be considered a luxury car is in such disarray and they deny fixing such a simple problem when they charge so much money for this car I would be immbarrased to be associated with this vehicle I have just recently purchased a 2001 Volvo s40 and have had nothing but problems more than my 1970 mustang ever gave me so you can’t say well you bought a used car really they should be ashamed of theirselves. Going out and finding a floor board full of water rips depressing and looking at these forums is very disturbing.
Our Volvo XC90 has had a leaky sunroof several times. I’ve cleaned the drains and that works for a while, but this last time the water found its way to the ECU which malfunctioned, causing the transmission to go into limp mode and eventually needing to be replaced. It was a nightmare to resolve.
Did anyone get an answer on how to sign up for this law suit? The car is currently in Maine but registered in Mass
***I too had a leaky sunroof problem with my 2006 Volvo s40.*** I had contacted the attorney that handled the lawsuit and he had suggested I reach out to Volvo corporate. I called Volvo corporate in North America and I explained them my situation. They did require an official diagnostic stating that the leak was in fact from the sunroof. They did tell me normally they don’t help pay the costs for cars that have over 100,000 miles. (mine had about 130,000) but that they would submit a claim and let me know. After getting an official diagnostic from my local Volvo dealership, Volvo was able to cover half of the costs to get it fixed. I also contacted my insurance and they too were able to some of the expenses. I only ended up paying $160 out of pocket for everything.
How long did it take for you to hear from them