Edited by: Top Class Actions  |  July 16, 2025

Category: Auto News
Volvo XC40 Recharge showcased at Automobile Barcelona 2021 in Barcelona, Spain.
(Photo Credit: Santi Rodriguez/Shutterstock)

Volvo class action lawsuit overview:

  • Who: Plaintiff Robert Becker, a Volvo XC40 Recharge owner, is suing the company.
  • Why: Becker alleges Volvo concealed a safety defect in its XC40 Recharge vehicles.
  • Where: The Volvo class action lawsuit was filed in California federal court.

A new class action lawsuit accuses Volvo of concealing a safety defect in its XC40 Recharge vehicles.

Plaintiff Robert Becker filed the class action complaint against Volvo Cars of North America LLC and Volvo Car USA LLC on June 26 in California federal court, alleging violations of state and federal consumer laws.

Becker’s class action lawsuit alleges Volvo knowingly concealed a defect in its 2020-2024 model year XC40 Recharge electric vehicles that causes sudden unintended acceleration, surging and lurching.

The alleged defect stems from flaws in the vehicles’ powertrain control system, Becker claims.

The plaintiff argues that Volvo knew about the defect from pre-release testing, early consumer complaints, dealership service reports, internal engineering assessments and data from the National Highway Traffic Safety Administration (NHTSA).

Becker claims Volvo failed to disclose the full scope and nature of the defect to consumers at the time of sale or lease and instead concealed its existence and severity.

Volvo’s recalls insufficient, class action argues

Volvo’s “piecemeal and unduly narrow recalls” were insufficient, serving only as partial remedies for certain symptoms while failing to cure the underlying systemic flaw, the Volvo class action alleges.

As a result of Volvo’s alleged deceptive and unlawful conduct, Becker and the proposed class members have suffered significant harm, the lawsuit says. They were deprived of the benefit of their bargain, having purchased or leased vehicles that are worth substantially less than the amount paid due to the undisclosed defect, Becker claims.

They have also incurred, or will incur, costs for attempted diagnosis and repair, experienced loss of use of their vehicles and face diminished resale value, the lawsuit argues.

Becker seeks to represent all persons or entities in the United States who purchased or leased a 2020-2024 model year Volvo XC40 Recharge electric vehicle.

He is suing for violations of the Consumers Legal Remedies Act, the Unfair Competition Law and the False Advertising Law, fraudulent concealment and unjust enrichment.

Becker demands a jury trial and is requesting compensatory and punitive damages, restitution and disgorgement and injunctive relief.

In May, a class action lawsuit filed in Pennsylvania federal court claimed that several Volvo plug-in hybrid models have a defect that can cause the high-voltage battery to short-circuit when fully charged and parked.

Have you ever experienced a safety issue with your Volvo XC40 Recharge vehicle? Let us know in the comments.

The plaintiff is represented by Jeffrey L. Fazio and Dina E. Micheletti of Fazio and Micheletti LLP and Keliang (Clay) Zhu, Andre Y. Bates and Yi Yao of DeHeng Law Offices P.C.

The Volvo class action lawsuit is Becker v. Volvo Cars of North America LLC, et al., Case No. 3:25-cv-05331, in the U.S. District Court for the Northern District of California.


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4 thoughts onVolvo faces class action lawsuit alleging XC40 Recharge vehicles lurch and surge without warning

  1. Cory Brandt says:

    How do I get looped into this lawsuit but I’m having a different issue with the 12 V reduced performance. My car is the 2024 Volvo S 60.

  2. Cory Brandt says:

    I am having the exact same issue with the 12 V reduced performance error message that comes up when it gets really hot out or really cold out and now I’m having an issue where the percentage of the battery is really low after driving for many hours. Which now is not letting me use the remote start because of the percentage being so low so I’m up at the dealership right now and the guy just told me to leave and drive it around for about a half hour even after telling him I’ve already been driving it for four hours before I brought it up there to see if that would fix the issue with the remote start so if it doesn’t, I will be getting some signed paperwork from them stating that they can’t fix the remote start issue and it’s connected to the battery performance which then pops on the error message the 12 V error message when it gets really hot or really cold out

  3. Gerard Feterman says:

    It happened to me with my C40, the car was iddle for almost 24 hours until it arrived to the dealership and they disconnected the whole system. Despite that Volvo USA knew about the issue it took them 4 months to “address’ it because they needed to investigate, they kept collecting the lease payments and tried to charge $6,000 to “repair” the malfunction, even suggested that the issue was because of some sand and moisture, blaming me.
    I’ve had 10 Volvo cars in my life, it used to be my favorite brand, not anymore. It’s not the safest car anymore and the service and seriousness of the company is gone. Good bye Volvo as we knew it, sadly.

  4. Dori Zuckerman says:

    This also is happening with my xc60. Can this model be added to lawsuit?

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