A class action lawsuit alleges that various cars and trucks manufactured by General Motors, LLC (“GM”) have defective transmissions that “slip, buck, kick, jerk and harshly engage, suffer abnormal internal wear, sudden acceleration, delay in downshifts, delayed acceleration, difficulty stopping the vehicle, and eventually require replacement of the transmission or its components.”
The class action lawsuit alleges the defect manifests within or shortly after the limited warranty period and can cause unsafe conditions, such as the vehicles suddenly lurching forward, losing forward propulsion, or significant acceleration delays.
The complaint alleges the following vehicles were equipped with defective GM Hydra-Matic 8L90 and 8L45 transmissions:
- 2015-2019 Chevrolet Silverado
- 2017-2019 Chevrolet Colorado
- 2015-2019 Chevrolet Corvette
- 2016-2019 Chevrolet Camaro
- 2015-2019 Cadillac Escalade and Escalade ESV
- 2016-2019 Cadillac ATS, ATS-V, CTS, CT6, and CTS-V
- 2015-2019 GMC Sierra, Yukon, Yukon XL, and Yukon Denali XL
- 2017-2019 GMC Canyon
The plaintiffs allege GM learned of the defect through avenues such as prior issues from its vehicles with similar problems, records from the National Highway Traffic Safety Administration, customer complaints on internet forums, its own records of complaints, dealership records, warranty and post-warranty claims, internal durability testing, Service Bulletins, and its Customer Satisfaction Program. For instance, the plaintiffs allege that from September 2014 to at least February 2019, GM issued at least 60 service bulletins and service bulletin updates to its United States dealers acknowledging issues with harsh shifting, shuddering, jerking, clunking, and delayed acceleration or deceleration relating to the 8L90 and 8L45 transmissions. They allege GM knew or should have known of the defect as early as September 2014, but has “actively concealed and failed to disclose this defect to Plaintiffs and Class Members at the time of purchase or lease and thereafter.”
The complaint raises claims including breach of express and implied warranties, unjust enrichment, fraudulent omission, and violations of consumer laws. The remedies sought include corrective advertising, payment of damages, and disgorgement of profits or restitution.
The case is Francis, et al. v. General Motors, LLC, case number 2:19-cv-11044-DML-DRG, in the United States District Court for the Southern District of Michigan.