Posts tagged GMC Terrain
Chevrolet Equinox and GMC Terrain Oil Consumption Class Action Settlement Nears

To California residents, as mentioned before, Berman v. General Motors, LLC (the Chevrolet Equinox GMC Terrain oil consumption class action) is very near settlement. Notice of settlement has gone out to potential class members and there are very important deadlines approaching. Most significantly, if you want to NOT be in the class action and pursue an individual lemon law claim, you MUST OPT OUT of the class action prior to the September 20, 2019 deadline. Here is a link to the Notice that went out to class members and here is the information regarding opting out:

Equinox Oil Consumption

If you're in California and you own a 2.4L engine 2010, 2011, 2012, or 2013 Chevrolet Equinox and have experienced oil consumption issues, you may be have a potential lemon law claim. If you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you! Feel free to call at 424-299-4447 for a free case evaluation!

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Chevrolet Equinox Class Action Notice Mailed Out

Just a general FYI. Notice of the potential settlement regarding the Equinox Terrain Oil Consumption class action Berman v. General Motors, LLC has been mailed out. The address you should have received it from is:

2.4 Liter Oil Consumption Litigation

C/O Analytics Consulting LLC

P.O. Box 2003

Chanhassen, MN 55318-2003

And it should look similar to this:

Berman Notice.png

The Class Action administrator is the party one should direct all inquiries regarding the class action to. They can be found at 1.877.318.1027

Chevrolet Equinox Oil Consumption Class Action Near Settlement?

A firm other than Valero Law, APC is litigating a class action in California regarding 2010-2017 Chevrolet Equinox and GMC Terrains regarding the rampant oil consumption issues in those vehicles. Based on documents that have been filed in Federal Court by those attorneys, it appears that the class action may be settling soon. Those documents can be accessed here. The most relevant portion of that is below:

Valero Law Chevrolet Equinox Oil Consumption Class Settle

From my experience, in a class action settlement, the class members receive less than what they would if the consumer brought an individual action. In an individual lemon law action, the consumer may be entitled to a refund of the purchase price of the vehicle (minus a small credit the manufacturer gets based on how long the consumer drove the vehicle up until it was taken to a dealership for the defect). In a class action, the recovery is generally limited to a coupon that can be presented to a dealership for repair or a nominal (less than $300.00) cash recovery. As such, an individual lemon law claim may be the best form of recovery here.

If you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

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Chevrolet Cruze / Sonic and Buick Encore PCV Problems

There have been more than a few complaints lately from consumers who purchased 2010-2013 Chevrolet Equinox and GMC Terrain regarding the blowout of the PCV Valve (especially in colder weather). Information regarding the PCV issue (and corresponding warranty extension) can be accessed here: https://www.valerolaw.com/news/2018/1/22/general-motors-24-liter-ecotec-pcv-warranty-extension

Equally interesting is that the PCV issue also affects the following vehicles:

  1. 2011 - 2014 Chevrolet Cruze Equipped with 1.4L (RPO LUJ or LUV)

  2. 2013 - 2014 Buick Encore Equipped with 1.4L (RPO LUJ or LUV)

  3. 2013 - 2014 Chevrolet Sonic Equipped with 1.4L (RPO LUJ or LUV)

  4. 2013 - 2014 Chevrolet Trax (Canada Only) Equipped with 1.4L (RPO LUJ or LUV)

There is a TSB available and it is accesible here.

If you’ve taken your Equinox, Terrain, Buick Encore, Cruze, or Sonic to a dealership for issues above, from PCV failure engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

Your Legal Rights - Lemon Law - Podcast

KALW radio in San Francisco recently hosted a podcast about California Lemon Law and it is a delightful listen for anyone curious about the California Lemon Law. It’s only an hour long and goes by far too quickly. If you’re interesting in listening, feel free to click here.

Also, here is the relevant Civil Code text of California Lemon Law, with some parts in bold for emphasis by me

1793.2. (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall:

(1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties.

(B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, do not preclude a good faith discount that is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer’s payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph may not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility.

(2) In the event of a failure to comply with paragraph (1) of this subdivision, be subject to Section 1793.5.

(3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.

(b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or its representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay.

(c) The buyer shall deliver nonconforming goods to the manufacturer’s service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, he or she shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer’s residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer’s expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer’s expense.

(d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity.

(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

(A) In the case of replacement, the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.

(B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.

(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law.

(D) Pursuant to Section 1795.4, a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle.

(e) (1) If the goods cannot practicably be serviced or repaired by the manufacturer or its representative to conform to the applicable express warranties because of the method of installation or because the goods have become so affixed to real property as to become a part thereof, the manufacturer shall either replace and install the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, including installation costs, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity.

(2) With respect to claims arising out of deficiencies in the construction of a new residential dwelling, paragraph (1) shall not apply to either of the following:

(A) A product that is not a manufactured product, as defined in subdivision (g) of Section 896.

(B) A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product.

(Amended by Stats. 2011, Ch. 727, Sec. 1. (AB 242) Effective January 1, 2012.)

1793.22. (a) This section shall be known and may be cited as the Tanner Consumer Protection Act.

(b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner’s manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner’s manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.

(c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer’s rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.

(d) A qualified third-party dispute resolution process shall be one that does all of the following:

(1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.

(2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.

(3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.

(4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission’s regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.

(5) Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2.

(6) Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.

(7) Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys’ fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.

(8) Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute.

(9) Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.

(e) For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:

(1) “Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.

(2) “New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. “New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.

(3) “Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.

(f) (1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.

(2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.

(Amended by Stats. 2000, Ch. 679, Sec. 1. Effective January 1, 2001.)

1794. (a) Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.

(b) The measure of the buyer’s damages in an action under this section shall include the rights of replacement or reimbursement as set forth in subdivision (d) of Section 1793.2, and the following:

(1) Where the buyer has rightfully rejected or justifiably revoked acceptance of the goods or has exercised any right to cancel the sale, Sections 2711, 2712, and 2713 of the Commercial Code shall apply.

(2) Where the buyer has accepted the goods, Sections 2714 and 2715 of the Commercial Code shall apply, and the measure of damages shall include the cost of repairs necessary to make the goods conform.

(c) If the buyer establishes that the failure to comply was willful, the judgment may include, in addition to the amounts recovered under subdivision (a), a civil penalty which shall not exceed two times the amount of actual damages. This subdivision shall not apply in any class action under Section 382 of the Code of Civil Procedure or under Section 1781, or with respect to a claim based solely on a breach of an implied warranty.

(d) If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.

(e) (1) Except as otherwise provided in this subdivision, if the buyer establishes a violation of paragraph (2) of subdivision (d) of Section 1793.2, the buyer shall recover damages and reasonable attorney’s fees and costs, and may recover a civil penalty of up to two times the amount of damages.

(2) If the manufacturer maintains a qualified third-party dispute resolution process which substantially complies with Section 1793.22, the manufacturer shall not be liable for any civil penalty pursuant to this subdivision.

(3) After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.

(4) If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.

(5) If the buyer recovers a civil penalty under subdivision (c), the buyer may not also recover a civil penalty under this subdivision for the same violation.

(Amended by Stats. 1992, Ch. 1232, Sec. 9. Effective January 1, 1993.)

NHTSA opens investigation Chevy Equinox windshield wipers

Per Automotive News

WASHINGTON -- The U.S. National Highway Traffic Safety Administration said on Tuesday it is investigating whether General Motors should recall an additional 1.7 million crossovers for windshield wiper failures.

GM recalled 367,000 2013 GMC Terrain and Chevrolet Equinox crossovers in the United States in August 2016 to address the problem.

But after receiving 249 complaints about similar problems, the federal agency said it is probing whether the recall should be expanded to include an additional 1.7 million vehicles from the 2010-2016 model years.

The automaker said it is cooperating with the NHTSA review.

GM said it recalled the 2013 GMC Terrain and Chevrolet Equinox SUVs "because warranty data showed a higher-than-expected failure rate," adding it has continued to monitor field data on other model years of those vehicles.

GM noted that no crashes or injuries related to the issue have been reported.

NHTSA’s opening Investigation report can be found here

Chevrolet Equinox Oil Consumption Class Action filed in Florida

Another Chevrolet Equinox class action regarding a defect regarding Oil Consumption has been filed, this time in Florida. The most salient portions of the class action complaint are highlighted below:

The Oil Consumption Defect is a substantial safety concern because it causes excessive oil consumption that cannot be reasonably anticipated or predicted, and causes the engine to run while dangerously low on engine oil. The Oil Consumption Defect is unreasonably dangerous because it can cause engine failure while the Class Vehicles are in operation at any time and under any driving conditions or speeds, thereby placing drivers, passengers, and the public at risk of accidents and injury. In particular, the Oil Consumption Defect can result in:

  • Sudden engine shutoff, resulting in loss of power, loss of braking, and inability to adequately maneuver in high-speed or congested driving situations;

  • Driver distraction due to sudden and unexpected engine shutoff, caused by sudden loss of power, illumination of warning lights and sounds, and loss or diminution of power brake assist;

  • Loss of maneuverability in high-speed or congested driving conditions due to unexpected loss of engine power—even when the engine does not shut off;

  • Unexpected vehicle stalling when the vehicle comes to a stop in traffic, thereby endangering vehicle occupants by substantially increasing the risk that other vehicles will hit the Class Vehicles that have stalled unexpectedly; and

  • Engine shutoff, failure (e.g., seizure), or stalling that strands vehicle occupants in remote, extreme, or unsafe locations or weather conditions.

The complaint can be found here

Individual actions, as opposed to class actions, are preferable as the potential reward can be much greater and, since each case is unique in it's own right, individualized attention can be given to each matter.

If you're in California and you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

In the alternative, if you're in a state other than California, you can contact class counsel at 865-247-0080 and here.

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GM recalls more than 240K vehicles to fix rear brake problem

GM is recalling more than 240,000 vehicles to fix a latent brake issue.

GM says the rear brake caliper pistons can contain trapped hydrogen gas that could make the brakes feel soft and increase the risk of a crash. GM says it's not aware of any crashes.

Dealers will bleed the brakes to remove gas. Once the gas is out GM says the problem won't happen again.

GM is preparing to notify owners, but those with concerns can call dealers and schedule repairs now.

The affected vehicles are:

  • 2018 Chevrolet Cruze

  • 2018-2019 Chevrolet Equinox

  • 2018-2019 GMC Terrain

  • 2018-2019 Chevrolet Impala

  • 2018 Chevrolet Malibu

  • 2018-2019 Chevrolet Volt

  • 2018-2019 Buick Regal

  • 2018-2019 Buick LaCrosse

  • 2018-2019 Cadillac XTS

  • 2018-2019 Chevrolet Bolt

Or, in GM’s own words in a notice to NHTSA:

Describe the defect or noncompliance: General Motors has decided that a defect which relates to motor vehicle safety exists in certain 2018–2019 model year GMC Terrain vehicles; 2018 model year Chevrolet Malibu vehicles; 2018–2019 model year Chevrolet Cruze, Equinox, Volt, Impala, and Bolt vehicles; 2018–2019 model year Buick Lacrosse and Regal vehicles; and 2018–2019 model year Cadillac XTS vehicles. In a small number of these vehicles, the rear-brake caliper pistons may contain trapped hydrogen gas that could be released into the vehicle’s brake system.

Describe the cause: The manufacturer of the brake pistons failed to properly chrome and temper the brake pistons during the manufacturing process. In this condition, hydrogen gas can remain trapped in the piston body. When the vehicle is assembled and a piston that contains trapped gas contacts brake fluid, this gas can be released into the vehicle’s brake system.

Describe the safety risk: If gas is present in the brake system, rear-brake performance may be reduced, increasing the risk of a crash. Identify any warning which can precede or occur: If gas is present in the brake system, the customer will notice a soft or spongy feel when applying the brake pedal even though stopping distances may not be affected. According to GM’s supplier, all trapped gas in a defective piston should be released within 23 days of vehicle assembly and will be noticeable to the driver within 15 days of assembly.

If you're in California and you’ve taken your GM vehicle to a dealership for any issue, ranging from brake issues, steering issues, transmission stalling, transmission failure, overheating, or any other warranty concern, we can help you…. AT NO COST TO YOU! Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you! Feel free to call at 424-299-4447 for a free case evaluation!

2011 Chevrolet Equinox & GMC Terrain Camshaft Actuator Recall

This is from August of 2011, but I think it's still important to post to get 'out there'.  The camshaft actuators generally fail due to low or dirty oil, which is related to the Oil Consumption issues that many Chevrolet Equinox and GMC Terrrains have. From the recall notice:

This notice is sent to inform you that General Motors is conducting a voluntary emission recall that includes your vehicle.

Reason For This Recall: The camshaft position actuator solenoid certain 2011 Buick LaCrosse, Regal; Chevrolet Equinox; and GMC Terrain vehicles equipped with a 2.4L gas engine may stick, resulting in the illumination of the malfunction indicator light, rough idle, poor driveability, and/or possible stalling at low throttle opening.

What Will Be Done: Your GM dealer will reprogram the engine control module and replace the camshaft position actuator solenoid valves. This service will be performed for you at no charge.

What You Should Do: Please contact your GM dealer as soon as possible to arrange a service date and to assure parts are available. Instructions for making this correction have been sent to your dealer. Please ask your dealer if you wish to know how much time will be needed to schedule, process, and repair your vehicle.

The complete recall notice is accessible here

If you're in CALIFORNIA and you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

2010-2012 Chevrolet Equinox and GMC Terrain Oil Consumption Problems

What are the facts?

2010-2012 Chevrolet Equinoxes and GMC Terrains have an oil consumption problem.  These cars consume too much oil and even Consumer Reports has chimed in on the oil consumption issue.  All the metal moving components within a modern vehicle engine require a lubricant agent, like oil.  If there is no oil in the engine, then engine performance will start to suffer, causing a range of symptoms like stalling, engine rattle, a high engine idle and a puttering feeling while driving.  If oil isn’t added to the engine, it can (and most likely will) cause piston failure…. Which is more commonly known as a blown engine.  And that can cost thousands of dollars to repair. 

General Motors has issued several Technical Service Bulletins (you can read all about those here) alerting dealerships that there have been complaints regarding oil consumption and how to they think they can repair the issue.  First was TSB 12312, which was an update to the Oil Life Monitor that is on the Equinox dashboard.  Rather than solve the oil consumption issue, what this update does is “reduce the interval between oil changes, which varies based on driving habits and conditions.”  Essentially GM’s ‘repair’ here is for your car to tell you to change your oil every 3,000 miles, instead of the earlier 5,000 miles.  Rather than fix the problem causing the oil consumption, GM suggests just putting more oil in your car.  Right.

Later General Motors issued a recall on the high pressure fuel pump, citing that “excessive wear on the plunger piston shaft and shaft seal. If this happens fuel can leak into the engine oil crankcase and result in the engine running rough and illumination of the malfunction indicator lamp.” That’s a bit better, but it potentially hasn’t repaired the whole problem here. 

Then, in TSB 13-06-01-003G, GM advised that if consumers complained to a dealership regarding high oil consumption in their Equinox, the dealership is to run an oil consumption test.  If the oil consumption test shows that the vehicle is consuming too much oil, then major engine work is required as a fix. 

Is there any good news at least?   

YES!  General Motors has issued a warranty extension relating to oil consumption.  If you’re the owner of a 2010 Equinox or Terrain with oil consumption issues, you can have the repairs potentially done for free if the vehicle was purchased within the last 10 years or if the car has fewer than 120,000 miles on it (per TSB 14159).  If you own a 2011 or 2012, you can have the repairs done just the same, but the vehicle must have been purchased within the past 7 years and 6 months.

 

And the best news?

If you’ve taken your Equinox or Terrain to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

 

 

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Chevrolet Equinox / GMC Terrain PCV Warranty Extension

I wrote about a warranty extension for Chevrolet Equinox and GMC Terrain owners here, where General Motors offered owners of 2010-2012 Equinox and Terrain owners a completely free warranty extension covering oil consumption issues.  I also wrote of a warranty extension for the catalytic converter for 2010-2011 Chevrolet Equinox's and GMC Terrains here.  I've found another warranty extension for the PCV (Positive Crankcase Ventilation) system.  This is more good news because it means that if your car has fewer than 120,000 miles and your vehicle requires a PCV system repair, you can have that done at a GM dealership at no cost to you.  The bulletin is titled 14882: Special Coverage Adjustment – Plugged PCV Orifice In Intake Manifold – 2010-2014 Buick Chevrolet GMC and is copy / pasted below:

Condition: Certain 2010-2013 Buick LaCrosse; 2011-2013 Buick Regal; 2012-2013 Buick Verano; 2011-2013 Chevrolet Captiva; 2010-2014 Chevrolet Equinox; 2013 Chevrolet Mailbu; 2012-2013 Chevrolet Orlando; 2010-2013 GMC Terrain vehicles equipped with a 2.4L engine (LAF, LEA or LUK) that have experienced high oil consumption may also experience a frozen and/or plugged PCV (positive crankcase ventilation) system during cold weather operation. This condition may increase crankcase pressure leading to a rear crankshaft seal oil leak. If the oil leak is ignored or not noticed, an engine clatter noise may be noticeable and/or the engine pressure warning light may illuminate. If this condition is not corrected, continued driving with engine noise and/or the engine oil pressure light illuminated may damage the engine.

Special Coverage Adjustment: 

This special coverage covers the condition described above for a period of 10 years or 120,000 miles (193,000 km), whichever occurs first, from the date the vehicle was originally placed in service, regardless of ownership.

Dealers are to perform a crankcase pressure check, and if required, remove the intake manifold and clear the PCV orifice. The repairs will be made at no charge to the customer.

If you're in California and you own a 2010-2013 Chevrolet Equinox or GMC Terrain and have experienced any issues related to excessive oil consumption, stalling, poor engine performance, camshaft actuator failure or any other concern that was covered under the manufacturer's warranty, please contact us immediately at 424-299-4447 for a free consultation for information regarding your vehicle and a potential lemon law claim!

 

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2013 Chevrolet Equinox Oil Consumption Problems

I've been doing a fair amount of research into the 2010-2012 Chevrolet Equinox's and their oil consumption issues.  Information on that can be found here, here and here

Based on NHTSA statistics and consumer complaints and a recently filed class action, it appears that 2013 Chevrolet Equinox owners are also complaining about severe oil consumption issues.  Some complaints taken from NHTSA follow: 

  • VEHICLE HAS BEEN EXPERIENCING STALLING CONDITIONS IN WET WEATHER, DEALER REPLACED A CAM POSITION SENSOR. TODAY AFTER TAKING THE CAR THROUGH A CAR WASH UPON STARTING THE ENGINE IT WENT INTO WIDE OPEN THROTTLE CONDITION, OVER 6000 RPM. AT FIRST I WAS STANDING ON THE BRAKES TO KEEP THE VEHICLE FROM ACCELERATING OUT OF CONTROL. AFTER 10 MINUTES THE IDLE DROPPED TO NORMAL AND WAS ABLE TO GET THE CAR HOME.
  • I WAS DRIVING MY EQUINOX ON MY WAY HOME FROM WORK, A 30 MINUTE COMMUTE. MY ENGINE STARTED MAKING SOME TICKING NOISES WHEN I WAS 5 MINUTES FROM HOME. I MADE IT ABOUT ANOTHER MILE AND MY ENGINE STARTED CLANKING, I TRIED TO PULL OVER TO THE SIDE OF THE ROAD AS MY ENGINE SHUT OFF. IT WAS BITTERLY COLD AND I HAD TO PICK UP MY GIRLS FROM DAYCARE, SO I HAD THE VEHICLE TOWED TO THE NEAREST MECHANIC AND FOUND A RIDE.

    TURNS OUT, MY ENGINE HAD A HGH OIL CONSUMPTION PROBLEM DUE TO PLUGGED PCV/INTAKE SYSTEM CAUSED ENGINE TO RUN DRY OF OIL DURING OPERATION. NO ENGINE PRESSURE WARNING LIGHT ILLUMINATED. NO OTHER WARNING SIGNS. THE ENGINE WAS DAMAGED AT REAR CRANKCASE SEAL/REAR MAIN. IT HAD 97,000 MILES AT THE TIME OF THE INCIDENT. 

  • ON 12/25/2017 MY ENGINE FAILED AT 60 MPH ON THE HIGHWAY. I WAS ALMOST RE-ENDED BY THE VEHICLE BEHIND ME DUE TO THE RAPID DECELERATION OF MY VEHICLE BUT MANAGED TO SAFELY PULL TO THE SIDE OF THE HIGHWAY WHERE WE WAITED FOR ROADSIDE ASSISTANCE IN -20 WINDCHILLS.

    THE ENGINE FAILURE WAS CAUSED BY A FROZEN PCV VALVE ORIFICE WHICH PRESSURIZED THE CRANKCASE AND BLEW THE MAIN SEAL. AFTER REPLACING THE MAIN SEAL IT WAS DISCOVERED THAT THE ENGINE WAS DAMAGED BEYOND REPAIR AND HAD TO BE REPLACED AT MY EXPENSE.

    MY VEHICLE ENGINE AND YEAR MATCHES THE GROUP COVERED BY SPECIAL SERVICE ADJUSTMENT 14882 BUT MY VIN, LIKE SO MANY LISTED ON THIS SITE, WAS NOT INCLUDED IN THE SPECIAL COVERAGE DESPITE THE FACT THAT MY ENGINE FAILURE WAS DUE TO THE EXACT DEFECT DEFINED IN BULLETIN 14882.

If you're in California and have experienced issues with your 2013 Chevrolet Equinox relating to oil consumption, timing chain rattle, camshaft actuator failure, piston failure, transmission failure or any other engine concern, please contact us immediately at 424-299-4447 for a free consultation for information regarding your vehicle and a potential lemon law claim!

 

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2013 Chevrolet Equinox Oil Consumption

Consumer complaints regarding the 2013 Chevrolet Equinox equipped with a 2.4 liter engine and oil consumption have been on the rise lately, which is unfortunate considering that the vehicle is equipped with a 5 year powertrain warranty.  Since that is the case and most of these vehicles were purchased in or around 2012, most of these warranties on these vehicles have lapsed since five years have passed. 

General Motors has issued warranty extensions for the 2010, 2011, and 2012 model year Equinox, but has not issued one for the 2013.

If you're in California and own a 2010-2012 Terrain or Equinox and have experienced any issues related to excessive oil consumption, stalling, poor engine performance, camshaft actuator failure or any other concern that was covered under the manufacturer's warranty, please contact us immediately at 424-299-4447 for a free consultation for information regarding your vehicle and a potential lemon law claim!

 

 

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General Motors 2.4 liter Ecotec PCV warranty extension

General Motors has released a warranty extension (accessible here) regarding the following vehicles with the 2.4L Ecotec Engine:  

  1. 2010-2013 Buick LaCrosse
  2. 2011-2013 Buick Regal
  3. 2012-2013 Buick Verano
  4. 2011-2013 Chevrolet Captiva
  5. 2010-2014 Chevrolet Equinox
  6. 2013 Chevrolet Malibu
  7. 2012-2013 Chevrolet Orlando
  8. 2010-2013 GMC Terrain

The notice goes on to state:  

[Certain GM Vehicles] that have experienced high oil consumption may also experience a frozen and/or plugged PCV (positive crankcase ventilation) system during cold weather operation. This condition may increase crankcase pressure leading to a rear crankshaft seal oil leak. If the oil leak is ignored or not noticed, an engine clatter noise may be noticeable and/or the engine pressure warning light may illuminate. If this condition is not corrected, continued driving with engine noise and/or the engine oil pressure light illuminated may damage the engine.

If you’ve taken your Equinox, Terrain, Malibu, Captiva, Verano, Regal or LaCrosse to a dealership for issues above, from engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

2010-2017 Chevrolet Equinox / GMC Terrain Class Action - GM Fights Back

In September of 2017 I wrote about a recently filed class action covering 2010-2017 Chevrolet Equinoxes and GMC Terrains regarding their high rate of oil consumption.  As an update, on January 11, 2018, General Motors' attorney's filed paperwork attempting to dismiss the class action, entirely!  I was able to grab the filing and I've posted it here.  

In essence, General Motors is saying that these cars don't have an oil consumption problem and the class action should be eliminated entirely.

If you live in California and you’ve taken your Equinox or Terrain to a dealership for engine stalling, abnormal oil consumption, high pressure fuel pump failure, balance shaft chain failure or engine failure, we can help you…. AT NO COST TO YOU!  Valero Law, APC is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers and ALL cases are taken on a contingency basis, meaning if there is no recovery, there is absolutely no fee to you!  Feel free to call at 424-299-4447 for a free case evaluation!

In the alternative, if you're in a state other than California, you can contact class counsel at 888-333-8996 and here.

Chevrolet Equinox / GMC Terrain Catalytic Converter Warranty Extension

I wrote about a warranty extension for Chevrolet Equinox and GMC Terrain owners here, where General Motors offered owners of 2010-2012 Equinox and Terrain owners a completely free warranty extension covering oil consumption issues.  Along that same road, General Motors has also issued a warranty extension for 2010-2011 Chevrolet Equinoxes and Terrains with 2.4L engines regarding the catalytic converter.  This is good news because it means that if your car has fewer than 120,000 miles and your vehicle requires a catalytic converter replacement, you can have that done at a GM dealership at no cost to you.  The bulletin is titled 15810-01: Special Coverage – Catalytic Converter Replacement – 2010-2011 Chevrolet Equinox & GMC Terrain and is copy / pasted below:

Condition: On some 2010-2011 model year Chevrolet Equinox and GMCTerrain vehicles that are equipped with a 2.4L engine (RPO LAF), a malfunction-indicator light (MIL) may illuminate due to thermal damage or face erosion of the catalytic converter.

Special Coverage Adjustment: This special coverage covers the condition described above for a period of 10 years or 120,000 miles (193,000 km), whichever occurs first, from the date the vehicle was originally placed in service, regardless of ownership.

Correction Replace the catalytic converter. The repairs will be made at no charge to the customer.

If you own a 2010-2012 Chevrolet Equinox or GMC Terrain and have experienced any issues related to excessive oil consumption, stalling, poor engine performance, camshaft actuator failure or any other concern that was covered under the manufacturer's warranty, please contact us immediately at 424-299-4447 for a free consultation for information regarding your vehicle and a potential lemon law claim!

 

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2012 Chevrolet Equinox Extended Warranties

Generally, every car purchase comes with at least three warranties extended from the manufacturer to the purchaser of the vehicle.  The 2012 Chevrolet Equinox has the following warranties

  • 36 months / 36,000 mile Bumper to Bumper Warranty, which covers nearly all components within the vehicle "for warrantable repairs that are required as a result of defects due to material and/or workmanship to the components."
  • 72 months / 100,000 mile Powertrain Warranty, which covers the engine, transmission, transaxle, transfer case and drive systems.
  • 96 months / 80,000 mile Emissions Warranty, which covers the catalytic converter and the Electronic Emissions Control Unit (ECU)

With that, the manufacturer may, from time to time, issue warranties in addition to those issued at the time of purchase, which are issued to compensate consumers for performance related defects that manifest after purchase.  

General Motors has issued an extended warranty on the following components of the 2012 Chevrolet Equinox (all related to oil consumption):

Here, the most significant extended warranty is 16118, where:

  1. GM admits that some Equinox's / Terrains have an oil consumption issue in the first sentence.
  2. Gives the owner an extended warranty of 7 years and six months (or 120,000 miles), whichever comes first. 
16118 Terrain Equinox Oil Consumption Warranty Extension.jpg

 

If you're in California and own a 2010-2012 Terrain or Equinox and have experienced any issues related to excessive oil consumption, stalling, poor engine performance, camshaft actuator failure or any other concern that was covered under the manufacturer's warranty, please contact us immediately at 424-299-4447 for a free consultation for information regarding your vehicle and a potential lemon law claim!

 

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