A proposed class action filed in July 2022 alleges General Motors LLC represents Flex Fuel vehicles will operate on E85 fuel, without disclosing the vehicles must alternately be filled with E85 and gasoline. The plaintiff, Michael Fleury, points to alleged internal GM documentation stating “excessive use of E85” could cause “a plunger internal to the fuel pump to stick,” which in turn often causes sudden lack of power and costly repairs.
As further alleged in the complaint, the value of a Flex Fuel vehicle is greater, especially as of late with increased gasoline prices; in mid-2022, E85 cost about $1.50 to $2 per gallon less than gasoline. GM represented Flex Fuel vehicles can “run on E85 ethanol, gasoline, or any combination of the two.”
Fleury claims he bought a used 2016 Chevrolet Impala Flex Fuel vehicle began using E85 regularly in 2022, after the price of gasoline increased. However, in about April 2022, his check engine light came on, a warning light displayed, and the vehicle lost power. When he took the vehicle to a dealership service department, he was informed he should have been alternating fill-ups between E85 and gasoline, rather than using E85 exclusively.
His proposed class is all persons with an Illinois address who bought a GM Flex Fuel vehicle on or after a date between 3 to 5 years (depending on the claim) prior to the filing of his lawsuit.
The lawsuit raises claims including violation of consumer laws, fraud, and breach of warranty. Fleury seeks remedies including damages and costs.
The case is Michael Fleury v. General Motors LLC, case number 1:22-cv-03862, in the United States District Court for the Northern District of Illinois.
