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Volvo Cars of North America LLC was hit with a potential $5 million class action lawsuit on Wednesday claiming that the automobile manufacturer installed a defective satellite radio device into its vehicles which drains the car battery even when the car is not running.
Lead plaintiff Theresa Jenner of Massachusetts filed the class action lawsuit against Volvo claiming the manufacturer installed the faulty device into all Volvo vehicles made since 2008, which searches for a satellite signal even with the car is “off,” continuously draining the car battery.
Jenner claims that Volvo knows all about the defect which could be fixed with a software upgrade to the remote digital audio receiver (“rdar”). However, the company has not disclosed the information to customers and has allegedly refused to install the software upgrade “without a charge of hundreds of dollars to repair a defective device that is unnecessary for the car’s safe operation and is, in many cases, simply unwanted.”
The Volvo satellite receiver class action lawsuit alleges that the defendant has violated common law fraud by not disclosing the “rdar” defect to customers which fraudulently induced the plaintiff and potential Class Members into buying a Volvo that contained the defect.
Jenner claims that after replacing the battery multiple times, a Volvo repair company explained to her that it was the “rdar” system that was draining the battery. When she allegedly asked to have the remote digital audio receiver disabled, Jenner was informed that the “rdar” was integrated into the car’s electrical system and could not be removed. The plaintiff further claims that she was informed the only way for her to eliminate the risk of future battery failures was to pay for a software upgrade which would cost hundreds of dollars.
According to the Volvo class action lawsuit, the company concealed the “rdar” defect from customers in order to boost sales which in turn caused the plaintiff and future Class Members to suffer from financial costs as well as an “ascertainable loss by receiving less than what was promised.”
Jenner is also suing on counts of breach of implied warranty and violations of the New Jersey Consumer Fraud Act.
If approved, the Volvo class action lawsuit would be open to all U.S. consumers who bought a Volvo car marketed, distributed or sold with a “remote digital audio receiver.” Jenner expects that there are tens of thousands of potential Class Members who might join the Volvo satellite radio class action lawsuit once its approved.
The plaintiff is represented by Joseph Alan Venti and Michael J. Quirk of Williams Cuker Berezofsky LLC, Marc R. Stanley and Martin Woodward of Stanley Law Group, Andrew S. Kierstead, of the Law Office of Andrew Kierstead and Peter N. Wasylyk, of the Law Offices of Peter N. Wasylyk.
The Volvo Satellite Receiver Class Action Lawsuit is Theresa Jenner v. Volvo Cars of North America LLC, Case No. 2:15-cv-06152, in the U.S. District Court for the District of New Jersey.
UPDATE: On Sept. 19 2016, Jenner opposed a motion by Volvo to dismiss a class action lawsuit alleging satellite radio receivers installed in their vehicles quickly drain car batteries.
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25 thoughts onVolvo Hit With $5M Satellite Receiver Class Action Lawsuit
I am going through this now with my 2011 c70. Took it to Volvo, they told me I have to pay$150 to diagnose. Then sent me an estimate for $1200 to fix the car. I asked the dealer flat out if it’s a know problem and he said no… this was 7/9/2020, obviously that’s a bald faced lie. I need in this suit please. I would like to receive updates as well. Thank you!
Apparently there is a software upgrade that will fix it — i was quoted $223.77 total, most labor with a software purchase just under $70 — Alexandria VA, 8-3-2020.
I heard there is also a part #8688083 that will block the Sirius option completely. I did not hear about that from the dealer.
This just happened to us on our 2010 Volvo XC70 which only has 40,000 miles. However after researching the problem and removing the rear wagon floor panel the Sirius radio was in the middle under the rear seat. The fix is to add what’s called a Brace/MOST. Repair Kit fibre Optic. 2 Pole Optic. Once the cable is unplugged and re-plugged into the Brace no more drain about a $20.00 fix. Which the dealers are charging literally 100s of dollars to repair.
NOW here is the interesting part of all this the PART was actually already inside the vehicle attached to the wheel well? Already there from the factory?? So how could they NOT know this was an issue. We repaired it and didn’t even need to pay for the replacement part. Sad Volvo-Scam.
I was just informed of $215 Remote Digital Receiver software update along with $295 battery on used Volvo I bought 3 years ago. I asked if I had to have the Remote Receiver as I never use the Volvo app to remotely start the car or lock it. Volvo said it was a critical component and there is no choice. This regular and routine replacement battery and related should be disclosed at any purchase of a Volvo. What is status on this potential law suit?
Bought a 2015 XC70 about 2 months ago.
LOW BATTERY CHARGE message came on.
Took to dealership. After 1 1/2 hours service dept. man came out and said she”s okay.
Message reappeared a few days later. Looked on line and found out that the satellite radio was the cause.
I have an appt. in 2 days with them. I will tell them to fix it as it is still under THEIR warranty, but, I know they’re procrastinating ’til the warranty is up.
I guess they don’t mind losing customers.
I have a 2015.5 XC-70. Having low battery issues. Replaced battery once already 40,000 miles on my car. Sirius radio has an upgrade. My car won’t take it. Now, I can’t update my Volvo On-Call. Dealership did a modem update 6/2022. Cost me over $600. to get 4-G. Since 3-G no longer available. After calling Customer Sercice I learned That the dealership was SUPPOSED to do the update for free once I paid for the new module AND I was to get 2 years free Volvo On-Call. Had to make several calls to dealership and Volvo Customer Service. It still isn’t working. I’ve been driving my car unnecessarily to keep my battery charged. How ridiculous.
We bought a Volvo 2011 XC90 and at the time that it was under warranty, the battery died (twice, maybe 3 times) and they said they didn’t know what the problem was. Got tired of taking it to Volvo dealership. Now it is out of warranty and the problem continues. Wife called this morning and said car wouldn’t start. Dealership also told us that the car had to be driven everyday to keep battery charged. Found out about RDAR on line and called them and said it would be about $200.00 to correct it. I don’t see why I should have to pay, when they knew about the defective software when under warranty. I just ordered an electronic jumper and dealt with it that way. I’ll never buy another Volvo. Thanks, Paul
Who do I contact to get this update performed FOR FREE?!? I shouldn’t have to pay for something that isn’t my fault…
This is so damn STUPID!
How does one get included and receive updates. Having same battery drain issue with an ’09 XC70 and being told software update won’t work.
UPDATE: On Sept. 19 2016, Jenner opposed a motion by Volvo to dismiss a class action lawsuit alleging satellite radio receivers installed in their vehicles quickly drain car batteries.
Same problem with S-80 EXCEPT software upgrade did not fix problem. Auto Nation ran a by-pass wire completely eliminating the satellite radio.
Hello Karen,
Has that fix by Auto Nation resolve the problem?
Thank you.
How do people get included in the Class Action Lawsuit or get updates on the status of this legal action?