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The plaintiffs in a class action lawsuit alleging certain Volvos have defective sunroofs are urging a federal judge to certify their proposed class in a new motion.
The Volvo sunroof leak class action lawsuit, filed in 2010, alleged that the Swedish carmaker sold defective sunroof drainage systems that ultimately leads to damage to the interior of the vehicle. The plaintiffs say that the defect caused them to discover soaking wet floor mats, but that the issue didn’t become apparent until after the vehicle’s limited warranty period.
In 2013, the Volvo drivers successfully argued for certification of six classes of consumers.
“The previously-certified classes in this case against [Volvo] consist of consumers who purchased or leased six Volvo vehicle models with a uniform defect in their sunroof drainage systems stemming from defective ‘sound plugs’ located at the end of the sunroof drainage tubes,” note the plaintiffs in their current motion in the Volvo sunroof leak class action lawsuit.
The previous order approving the Class was vacated by the Third Circuit Court of Appeals in 2015.
The Volvo drivers again attempted to certify their proposed Class in the class action lawsuit, but that motion was rejected. The judge did provide a roadmap to the plaintiffs and allowed them to rework their proposed Class.
“Plaintiffs now move for class certification with the benefit of the roadmap set forth by the Court in its December 6th Opinion,” the plaintiffs’ motion states.
In the newly submitted motion for approval of the proposed Class in the Volvo sunroof leak class action lawsuit, the plaintiffs narrowed the scope. First, the class period was defined to ensure that class action claims don’t trickle in indefinitely.
Further, entities were removed from the definition of the Class Members in the class action lawsuit. The Volvo drivers noted in their motion that this was done to come into compliance with state consumer protection laws.
In addition to removing entities, Class Members are also now proposed to be those who purchased or leased their Volvos from authorized dealerships. The plaintiffs also say current lessees will not be included in the class action lawsuit.
Volvo Sunroof Leak Class Action Lawsuit
The Volvo sunroof leak class action lawsuit alleges that the defect ends up causing damage to the interior of affected vehicles.
“This defect inevitably causes the sound plugs to become clogged with dirt and other debris, causing water to be diverted directly to the interior of the vehicles, rather than the exterior. The water intrusion causes damage to the passenger compartments, floorpans, carpets, and electrical components (including safety-related electrical sensors),” state the plaintiffs in their motion.
The vehicles affected by the sunroof defect alleged in the class action lawsuit include the following models that came with a factory installed (OEM) sunroof: S40, S60, S80, V70 (model years 2004 to 2011); XC90 (model years 2003 to 2011); and V50 (model years 2005 to 2011).”
The plaintiffs are represented by Chimicles & Tikellis LLP and Mazie Slater Katz & Freeman LLC.
The Volvo Sunroof Leak Class Action Lawsuit case is Joanne Neale, et al. v. Volvo Cars of North America LLC, et al., Case No. 2:10-cv-04407, in the U.S. District Court for the District of New Jersey.
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78 thoughts onVolvo Drivers Seek Cert. in Sunroof Leak Class Action Lawsuit
I have a 2012 volvo xc60 with the same problems.
Me too,same 2012 XC60. I just discovered it after heavy rain in NYC from Hurricane Ian remnants. Did your car sustain any damage besides saturated carpets?
I have a 2006 Volvo S40 that was in my family brand new. We’ve been noticing the leaks in the passenger front for about the last 3-4 years. There is a factory installed sunroof, is there any recourse other than paying outright to fix?
My Volvo S40 was just deemed TOTALED from water damage that was getting in from the sunroof. It was my third Volvo,and I loved that car. It’s such a disappointment. I hope Volvo does the right thing for the owners that were effected by this defect.
I have a 2010 XC60 and it seems to leak from the upper left part of the headliner on the driver’s side (so drops of water fall onto the steering wheel) and drop of water from the center top of the windshield onto the center console or near it. Dealer says the solution is to reseal the windshield, which will cost 350. But the sunroof is also not working, and I am wondering if this is being caused by the cligged drain hose issue that everyone is having. I’d love to know how to tell if it is the windshield of the sunroof drain hoses or both.
What is the status of the class action? We’re affected by the leak problem.
I spent 1000 to,have my sunroof leak fixed st Volvo dealer.,I,have a 2006.s40 volvo
My 5-month old 2018 V90 is experiencing the same issue of water pouring into the passenger side from the light under the dash after going through a car wash. I planned to keep this car for at least ten years! I can’t deal with this every six months! Can I join the suit?
We have a 2010 S40 Volvo with a puddle of water on the passenger side. We are taking it to the dealer. It sounds like the same problem stated in the class action suit. If this is the case what can we do?
I have a 2012 VOLVO XC60 R-design with the same problem. How can I join the class suit?
DITTO to your issue. Same exact model, 2013 (108k miles). I also have a leak that causes puddling on the front passenger side, which may be a different issue. It’s possibly unrelated due to a separate issue, but still frustrating. With COVID, I rarely have to drive my car. I’ve never heard of these water issues before.
A couple of weeks ago, I noticed some rushing water sound coming from the left passenger door of my car whenever I stepped on the brake or gas peddle. I took my car to the dealer today and I was just told there were a lot of water leaked into my car through the sun roof. The water must have been there for months because I noticed for a while that the car was very easily got steam up. What can I do ?