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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 2016 XC90 that has the same issue. It was bought in 2018 as a CPO. I also purchased the VIP extended warranty. We have had water in the trunk area and down the front infotainment area. We took the car into the dealership and it was inspected and found to have $5000 in repairs needed. The dealership fought with the warranty company for 2 weeks before giving up. The claim was denied.
This is a clear engineering defect. If it was a maintenance issue then I would have had the maintenance done just like I had all the other maintenance done at the dealership. We have no other option now, but to get rid of the car before there is even more damage to it. I’ll never buy another Volvo again.
I would also like to know if a class action suit is still available for Volvo owners. My 2010 V70 wagon is experiencing this issue. I’m concerned about mold as a result of water leakage and the interior not thoroughly being able to dry out especially during the winter months. Repeated exposure to MOLD SPORES IN OUR VEHICLES IS A SERIOUS HEALTH HAZARD.
I had a 2016 XC90 Inscription that was recently totaled out by insurance due to water damage because of a sunroof drain clog. We had a huge storm back in October and I had not parked the car under the carport like I usually do and within a couple of days all of my electrical went crazy! The oncall was sending out a distress signal even though I wasn’t pressing the button, had two sheriff’s show up at my house to check on me because of this. Then finally the car wouldn’t turn off, it wouldn’t go into reverse or drive or anything. Had it towed into Volvo dealership and eventually the diagnosis was that the sunroof/moonroof drain dams had been clogged and the seals had shrunk due to the hot weather over the years. Anyways it caused the whole undercarriage of my xc90 to fill up with water, I have a video from the dealership where you can hear the water swooshing back and forth, it is horrible! I’ve never had any issues with Volvo and I’ve owned 3. For that reason Volvo is/was the only thing I would buy, this is a major issue and now I’m not so sure I will be buying another Volvo until this issue gets resolved or they make a model that does not have a sunroof!
Same problem with us. We purchased a 2016 XC90 inscription and the water damage occurred just after the vehicle warranty ended. About an inch of standing water is in the rear of the car and has fried computer modules and wiring. Now the repair bill is estimated around 4500, but they aren’t sure if there’s more damage. Talking to insurance right now to see if they’ll cover it. How did yours cover it? I wasn’t sure if water damage was covered by it, we have geico
I want to wether this action is still active? I have 2019 Volvo XC60, today found it was flooded by the water leak from sunroof drain hose. And Volvo dealer told me is not under warranty! My car is only 3 years and 24k KM. Thanks.
We have a 2010 Volvo that has had a faulty sunroof leaking into the front and back seats carpeting that had to be repaired three times and now it needs it again in November 2021. The first time it was under warranty and the next two times it was not, but I argued with the dealer that it is a manufacturing defect and they finally took care of it at no charge. But that last time, 2 years ago, the water traveled through the door and the leaking shorted out the window motor, and Volvo dealer denied the issue was connected–thought when we took it in for the sunroof, and we went back to discuss the repair, they broke the news to us that the window motor was broken, even thought it worked when we dropped it off. We had no choice but to pay for the expensive window repair.The car only has about 58,000 miles and gets mostly local use so the interior was in perfect shape except now these repeated floods have ruined the Volvo mats and the carpet is smelly. I can’t believe that Volvo gets away with this. We have owned four and would NEVER buy one again.
2018 X60 just fried my computer board do to the sun roof drains being plugged.
No one warned us that this maybe be problem. WTF! Really
I would also like to know if this is still active. My 2019 XC60 channels became clogged and insurance company is now deciding if car is totaled.
Hi Kevin, I am a Canadian owner, my 2019 XC60 suffered the similar problem as yours. Are you in Canada or US? If in Canada, can we file a class action lawsuit against Volvo Canada too? Thank you.
Me too.
2008 Volvo XC 90 dealing with this now headliner started drooping and next thing I knew it was down and orange gunk got ALL OVER my car and things in the back area. Tried to pin it up but it just fell back down. I always thought I heard too much “noise” coming from the sunroof area. This is clearly a defect, but a terrible nuisance as well. Seems the above suit would be ages over, too bad this was not listed on a manufacturers website for defects or recall to fix. Bought mine used a year and a half ago.
I am too going through it now with my dealership at Hasbrook Heights, NJ. How I am liable for driving in a rain is beyond my comprehension. What car causes flood damages for driving in a rain? Is this class action still active?
Have a 2008 XC90 since the summer of 2020 and just started experiencing this issue! There was a storm today and my passenger side floor was soaked! When I googled what the issue may be, I found this! Please let me know if there is still a case open for this!!!!
Same exact boat as you – bought a 2008 XC90 spring of 2021 and have passenger side leak no one seems able to fix.