2016-2019 Chevy Volts Suffer from Battery Energy Control Module Defect, Class Action Claims
Last Updated on November 21, 2022
Miller v. General Motors, LLC
Filed: November 11, 2022 ◆§ 2:22-cv-12739
A class action alleges 2016-2019 Chevrolet Volt plug-in hybrid vehicles suffer from a widespread defect that can cause a complete loss of propulsion or failure to start.
Magnuson-Moss Warranty Act Pennsylvania Unfair Trade Practices and Consumer Protection Law Kansas Consumer Protection Act
Michigan
A proposed class action alleges 2016-2019 model year Chevrolet Volt plug-in hybrid vehicles suffer from a widespread defect that can cause a complete loss of propulsion, including while traveling at highway speeds, or failure to start.
The 83-page case against General Motors claims the problem stems from the Volt’s battery energy control module (BECM), “a small but crucial component” to the vehicle’s hybrid propulsion system. Per the case, a BECM is responsible for keeping a Volt’s battery properly charged, maintaining proper battery function, and regulating battery temperature to avoid overheating or freezing.
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As part of its function of regulating battery supply and usage, the BECM regularly communicates with a vehicle’s other control modules, the filing says. If the BECM cannot adequately perform, the vehicle, which includes an internal combustion engine and electric motor that are each capable of independently powering the car, cannot function, the lawsuit stresses. The filing states that a Volt’s BECM must be replaced and reprogrammed before the vehicle becomes operational again.
More specifically, the Chevy Volt BECM problem is believed to stem from internal soldering connections, in particular “defective materials or workmanship and/or manufacturing,” according to the case. In the alternative, the BECM defect could be a design flaw, the suit posits.
The lawsuit claims General Motors knew about the Volt BECM defect at the time of sale yet has “wrongfully and intentionally concealed the true nature” of the problem from the public, continuing to sell certified pre-owned Volts with defective BECMs despite the vehicle being taken out of production.
Per the suit, when the BECM fails on a Volt, GM cannot timely repair or replace the component, even though many affected vehicles are still under warranty.
Although the automaker seemingly acknowledged the problem in a June 2018 technical service bulletin, in which it stated 2016-2018 Volts were failing due to “an internal issue within the Battery Engine Control Module,” General Motors has nevertheless continued to manufacture, market and sell the vehicles without addressing the flaw, the suit says.
According to the complaint, it was in March of this year that GM acknowledged that the BECM issue was present in model year 2016-2019 Volts.
“The BECM’s failure creates significant risk of collision, bodily injury, and property damage – to say nothing of the inconvenience of being stranded on the roadway,” the case states.
Further, the suit charges that while GM aggressively marketed the Volt vehicles at issue as desirable cars and a cost-saving alternative to traditional fuel-powered vehicles, the automaker was facing two “fundamental (and growing)” problems in that it lacked sufficient supply parts to timely handle the influx of warranty claims related to the BECM defect, and its network of dealers has a shortage of Volt-trained technicians.
“With its marketing campaign not aligned with its ability to deliver on its promises, GM’s problems compounded: without an adequate parts supply and not enough trained technicians, GM could not fulfill its repair warranty obligations,” the case states, claiming drivers were as a result subject to unreasonable delays while being deprived of their daily transportation.
Moreover, the suit relays, GM promised Volt drivers access to its Roadside Assistance Program, through which the automaker promised complimentary transportation or reimbursement of transportation expenses should they be left without their vehicles for a time. With Volt drivers unable to use their cars due to the defect, many were deprived of the Roadside Assistance Program benefit of loaner transportation that they were promised, the filing says.
As the suit tells it, GM was “unwilling to absorb the cost of temporary transportation” for the disproportionate number of drivers waiting on BECM repairs, and instead “decided to save money by breaking its promise,” namely by intentionally concealing its inability to timely or adequately fix the problem.
Ultimately, GM “chose not to modify its manufacturing process,” which would result in production delays, to address the BECM defect, and instead chose to equip its Chevy Volt plug-in hybrids with what it knew were defective BECMs while continuing to market the vehicles as an industry leader in performance and satisfaction, the case claims.
“GM made a calculated decision to conceal the BECM defect, and GM’s nationwide marketing campaign continued to tout the benefits of driving a Volt,” the suit alleges.
The complaint says that although GM no longer manufactures the Chevy Volt, the automaker continues to market and sell certified pre-owned Volts containing the defective BECM through its dealer network.
To date, GM has not recalled 2016-2019 Chevy Volts or provided drivers with suitable repairs or replacement options, much less satisfactory reimbursement, the filing states.
“Had Volt customers known of the BECM defect, they would not have purchased/leased the Volt or would have paid considerably less to do so,” the lawsuit reads. “GM placed its own potential financial gain ahead of its customers’ safety.”
The case looks to cover all persons or entities in the United States who bought or leased a 2016-2019 Chevy Volt.
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