Court Allows New Proposed Class Representatives to Intervene in Suit Against Volvo


Two new proposed class representatives, Frederick S. Levine and Douglas W. Murphy, have been permitted to intervene and file an amended complaint in a putative class action alleging that Volvo Cars of North America, LLC, and Volvo Car USA, LLC (collectively, “Volvo”) mispresented in its marketing of certain Volvo models that those cars featured compatibility with Android Auto, when they were in fact incompatible.

In March 2018, Plaintiff Robert Middien filed a putative class action in New Jersey federal district court alleging that Volvo Cars of North America, LLC, and Volvo Car USA, LLC (collectively, “Volvo”) mispresented that certain Volvo XC90s were compatible with Android Auto. Subsequently, during the pendency of the suit, Mr. Middien no longer wished to serve as class representative. In February 2020, a federal magistrate judge granted a motion by Mr. Middien and intervenors Fredrick Scott Levine and Douglas W. Murphy for leave to intervene and file an amended complaint.

Mr. Levine, a Florida resident, and Mr. Murphy, a Massachusetts resident, filed a First Amended Class Action Complaint in March 2020 on behalf of themselves and all other purchasers and lessees of 2016 and 2017 Volvo XC90s (collectively, “Class Vehicles”). They are raising claims including violations of New Jersey’s Consumer Fraud Act and the Florida Deceptive and Unfair Trade Practices Act, as well as breach of express warranty.

Currently, the case is pending discovery and Defendants’ motion to dismiss. According to the court’s September 14, 2020, order, any motions to amend or add new parties are due filed by January 8, 2021, with a status conference scheduled for January 4, 2021.

The case is Fredrick Scott Levine, et al. v. Volvo Cars of North America, LLC et al., case number 2:18-cv-03760-CCC-JBC, in the United States District Court for the District of New Jersey.