Judge Gives New Life to Class Action Against Volvo

gavel 2A five-year class action suit concerning Volvo sunroofs has been given new life by a judge in the U.S. District Court of New Jersey. The judge greenlighted a renewed class certification motion by the plaintiffs. The vehicle owners say Volvo’s sunroofs harbor a defect, allowing water to flood the vehicles.

The Third Circuit Court of Appeals had vacated a previous class certification earlier this year and remanded the case back to the lower court.

“Based on the court’s careful consideration of the parties’ positions; and for good cause shown, it is ordered that, on or before December 22, 2015, plaintiffs shall serve their renewed motion for class certification,” the judge writes in court documents.

Volvo’s attorneys have until January 22, 2016 to serve their opposition to the class certification motion, according to the court.

“This case is now over five years old and it is time for this case to move forward,” says attorneys for the plaintiffs in a letter to the court. “Accordingly, we respectfully request that Volvo’s request to re-open fact and expert discovery be denied and the parties proceed to class certification briefing immediately.”

Volvo’s attorneys point out that two of the named plaintiffs have sold their vehicles since the appeals court overturned the class certification of the U.S. District Court of New Jersey.

“These two plaintiffs, like the other named plaintiffs, claim they experienced water leaks caused by a sunroof drain allegedly clogged by debris,” write the attorneys in a letter to the court. “They seek damages for their out-of-pocket costs for the hypothetical cost of repair that purportedly will eliminate any possibility of water leak from a clogged sunroof drain. Yet, since they no longer own a vehicle, they have no need for this repair, just like the thousands of vehicles in the proposed class that have been retired to the junkyard.”

The six states the District Court judge had originally granted as subclasses for class action were Massachusetts, Florida, Hawaii, New Jersey, California and Maryland.

The plaintiffs contend the alleged “defect” sunroofs are on Volvo’s S40, S60, S80, V50 (model years 2004 to present), XC90 (model years 2003 to present) and V50 (model years 2005 to present).

The suit was filed in 2010 in U.S. District Court by Joanne Neale of Needham, Mass., and seven other owners.

To read the court’s order, click here.

To read the plaintiffs’ letter, click here.

To read Volvo’s letter, click here.

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15 Responses to Judge Gives New Life to Class Action Against Volvo

  1. burt millette says:

    I have a 2002 s60 and have had to pay twice to havbe debris cleaned out after having an inch of water in front flooring

    • Todd says:

      Found an inch of water in the front passenger seat flooring after a big rain. I took it in to the dealership where they replaced the lines for more than $300 and advised replacing the carpet for another $700 (which I declined.) Not thrilled.

  2. Diane Lloyd says:

    I own a 2004 S-40 Volvo, that the entire ceiling liner has begun to come loose and I have tacked up the back window area and now the sunroof section has also come apart due to moisture. When it rains I have a strong mildew smell and leaking inside the driver’s roof and floor area and now I believe the sunroof leaks. The car looks great with little mileage, however the interior is falling apart.

  3. Sandra P Lally says:

    We have experienced the same problem in our 2010 Volvo XC60. VERY frustrated that no dealership is able to fix it.

  4. Sandra Lally says:

    We have experienced the same problems as well in our 2010 Volvo XC60. VERY frustrated that it is still NOT repaired.

  5. Donna patterson says:

    I have 2002 Volvo s80 and have gotten several inches of water in passenger floor. Having electrical issues and problem still exist when rains heavenly! Frustrated! Hate this car!!

  6. Donna patterson says:

    I have 2002 Volvo s80 and have gotten several inches of water in passenger floor. Having electrical issues and problem still exist when rains heavenly! Frustrated! Hate this car!!

  7. Donna patterson says:

    I have 2002 Volvo s80 and have gotten several inches of water in passenger floor. Having electrical issues and problem still exist when rains heavenly! Frustrated! Hate this car!!

  8. Tracey says:

    My 2009 Volvo C30 has this problem – every time it rains there is water pooled in the floor mats, and the carpeting is soaked. This has been a chronic problem for the three years I have owned the car. This, and the battery dying due to a design defect with the satellite receiver that continues to search for a signal even when the car is not running. There is another class action on the battery-draining issue. No more Volvos for me – too bad, great cars, but lousy company.

  9. Eneida Egizi says:

    The floor on My S40 2010 continues to flood. I wrote emails to the attorneys that were representing the consumers and have not heard a response since 2015. I still own the car not being able to replace it and fear what is this water in the floor of my car doing to my health??

  10. Eneida Egizi says:

    The floor on My S40 2010 continues to flood. I wrote emails to the attorneys that were representing the consumers and have not heard a response since 2015. I still own the car not being able to replace it and fear what is this water in the floor of my car doing to my health??

  11. Alisa Genovese says:

    I have a 2006 s40 and it had a serious flood in Oct. 2016. The carpeting had to be removed to find at least 3-4 inches of water pooling there. The drains were opened but it was discovered that the drain on the drivers side, which is connected with two tubes (bad design) had come a jar and had been leaking for awhile as there was serious mold on the drivers side. I made a claim on my insurance and they payed for the replacement of the carpeting and mold abatement only to find out mow there are electrical issues in the airbag system which is damaged by the water. Volvo is looking into it, but likely after all this my car will be totaled. Volvo not willing to take any responsibility for this. They should be held responsible!!

  12. dawgfish says:

    Does anyone know if Volvo has mad a fix, or does the 2016 S80 have the same possible problem.

  13. Laura says:

    I have a 2011 XC 60 and had water leak problems pooling in my middle console and in the light. It was still under warranty and they replaced my windshield. Now a year after warranty expired, the problem is back but much worse. Sounds like bottles of liquid rolling around in car and stinks of mildew. They are now saying it’s the sunroof being clogged. $850 to repair sunroof and another $1000 to dry out gross carpet. 2 grand to fix a problem that’s never been fixed. Hoping Volvo corporate will do the right thing

  14. Patricia says:

    My 2010 Volvo S40 has been leaking every time it rains and water pools under the front seat and flows to the floor in the back. I spend countless hours mopping, wet vac-ing and dehumidifying it after a rain event.
    I hope they will do the right thing and remedy this situation. I love the car but dread the rain and the consequences it brings.
    It’s such a disappointment to have this happen to an otherwise good vehicle.

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