Volvo Defective Fuel Pump Class Action Lawsuit

Plaintiff Jerome Mahalick claims in the class action lawsuit that, in response to an investigation by the National Highway Traffic Safety Administration (NHSTA), Volvo implemented a program in January 2010 to notify consumers that its 2001-2005 Volvo S60, S80, V70 and XC70 vehicles, as well as its 2003-2005 Volvo XC90 vehicles, are equipped with defective fuel pumps that are prone to develop cracks and fail. Volvo agreed to replace the defective fuel pumps only in 19 “warm weather states,” but not in Wisconsin, in violation of Wisconsin’s Motor Vehicle Adjustment Program Act, the class action lawsuit says.

For the remaining states, Volvo promised the NHSTA that it would notify consumers and dealers about the fuel pump defect and would extend the standard warranty on the vehicles to 10 year/150,000 miles, thereby “ensuring that all customers that may experience this condition will have the vehicle remedy available to them at no charge.”

“Based on Volvo’s representations and the data provided, NHSTA closed its investigation of the fuel pump defect on December 22, 2009, with the understanding that Volvo would promptly undertake the steps it proposed, including: (a) providing notice and repair for consumers in the Replacement States; and (b) providing notice and extension of the Vehicle warranties in the Non-Replacement States, including Washington,” the class action lawsuit says.

Despite these representations to NHTSA, Volvo consumers in Wisconsin were not notified of any Adjustment Programs, including the extended warranty program on defective Volvo fuel pumps in Wisconsin.

The Volvo defective fuel pump class action lawsuit is brought on behalf of all Wisconsin residents who own or lease one of the Volvo vehicles listed above registered in the state. It is asking the Court to make Volvo comply with the notice of adjustment programs and procedures for reimbursing consumers.

A copy of the Volvo Defective Fuel Pump Class Action Lawsuit can be read here.
   
The case is Jerome A. Mahalick v. Volvo Cars of North America, LLC, Case No. 12-cv-3576, Circuit Court of Wisconsin.