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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 XC90 2016, had sunroof leaking all over the place, damaged GPS everything. paid $5K, not fixed yet. Looking for a class action to against Volve.
I have a 2018 XC 60 and my sunroof also started leaking causing $1500 in damage. I got to it early. My extended warranty does not cover.
Came across this while researching why my 2012 Volvo XC60 had over an inch of water in the front passenger floor pan. It did not sustain the damage other people are reporting though. To dry it out, I’m using a small dehumidifier and that worked well. I have yet to unclog the sunroof drain but was able to see the problem, and verify it by pouring a bit of water in the rainwater channel. It backed up immediately. The same test on the other side showed it draining properly. With the proper flashlight and piece of bailing wire I should be able to unclog it.
I would also like to know if there is an active lawsuit. Had a 2005 xc90 that filled with water and fried all the electrical. It was so bad the mechanic called me and asked if I drove it into a lake!?
The price to fix it was more than the car was worth.
Same issue, clogged sunroof drains causing $10k in damage to 2018 XC60 bought as a certified vehicle by Volvo and still under factory warranty. Dealer said warranty will not cover it. Car always serviced at dealership and we never saw any water leak inside the car, never heard any water swoosh around, and dealer said a seal caused the drains to clog. If the seal is the culprit that caused all this damage, Volvo should honor their warranty. A class action is definitely needed in this case.
I have a 2014 s60 t6 awd. I noticed a few drops about a year ago when I got into the car during a rainstorm. I didn’t think anything about it as the headliner wasn’t wet and there was no evidence of moisture anywhere in the car. Currently the car leaks at the a pillar and I’m starting to smell mildew in the car. Never once was a sunroof drain service mentioned from the dealership that I’ve serviced the car since new. I’m currently trying to get an appointment at the dealership and will contact Volvo once I hear the diagnosis. It’s a shame that a $40,000 car that has been meticulously maintained is most likely worthless due to faulty engineering.
I have a 2014 s60 t6 awd. I noticed a few drops about a year ago when I got into the car during a rainstorm. I didn’t think anything about it as the headliner wasn’t wet and there was no evidence of moisture anywhere in the car. Currently the car leaks at the axillary and I’m starting to smell mildew in the car. Never once was a sunroof drain service mentioned from the dealership that I’ve serviced the car since new. I’m currently trying to get an appointment at the dealership and will contact Volvo once I hear the diagnosis. It’s a shame that a $40,000 car that has been meticulously maintained is most likely worthless due to faulty engineering.
We have a 2018 Volvo XC and even purchased extended warranty for $3k. They say its not covered. Paid $600 to repair the leak. Eleven months later, leaks again. So frustrated as a consumer. The dealership blamed the environment/weather in which I live. What? Volvo doesn’t seem to care and no accountability for a poor design (on the sunroof).
I have a 2016 Volvo XC90 that had the sunroof leak and caused $7652 worth of damage to the car, since the electronics were flooded when the sunroof leaked into the rear of the car. Volvo has been useless in trying to resolve this. Is this class action suit still alive? Has anyone successfully sued Volvo independently in Small Claims Court, etc. for this obviously defective design?
I’m experiencing this right now and I’m still under extended warrantee which they are saying water damage is not covered! And it was caused by poor design. I’m feeling upset and frustrated. Has anybody found a way to get this covered?
That is horrible, they won’t cover an obviously defective design. I’m experiencing it now with a 2014 s60 that has been out of warranty since January. It doesn’t mention anything in the owners manual nor did the dealer ever recommend service on the sunroof. Also the car has been garage kept 7 out of 8 years. In my research I did see a guy that goodwill covered it, but I don’t know how. I can’t get a return phone call or email from Volvo customer service so its not going to be easy.
I have a 2013 xc60 it’s in the shop now, it’s going to cost me a fortune. It’s leaking water into my drivers seat and in driver side floor. Water sloshes when I drive, the sloshing noise seems to be coming from under my driver seat. I’m going to call an attorney Monday, I’ll let y’all know what they say.
I have a 2006 S60 that leaked from the. Roof onto the console. I cleaned the gasket and cleared out the drain holes and it not just leak back and forth down all 4 corners of the cab and the sunroof interior liner is starting to be saturated. Would love to join this class action