Purchasers of a 2011-2016 Duramax diesel Chevrolet Silverado or GMC Sierra from a GM-authorized dealer in California, Florida, Illinois, Iowa, New York, Pennsylvania, or Texas may be affected by a class action lawsuit
There is a pending class action lawsuit against General Motors LLC (“GM”) regarding an alleged defect in the high-pressure fuel injection pump of certain 2011-2016 Chevrolet Silverado and GMC Sierra trucks with a Duramax diesel 6.6L V8 LML engine (the “Class Vehicles”). Class Vehicles can be identified by entering the Vehicle Identification Number ("VIN") here.
Plaintiffs have sued GM alleging that the CP4 pump in the Class Vehicles is unreasonably fragile and susceptible to catastrophic failure. Plaintiffs allege that failure occurs after the CP4 has worn against itself so much that it generates metal shavings which contaminate the entire high-pressure fuel injection system, and that the contamination may lead to engine shutdown with the inability to restart. Plaintiffs allege that this is a dangerous defect that can increase the risk of a crash. Plaintiffs also allege that CP4 failure repairs cost upwards of $9,000-$10,000.
The Court has not yet determined if the allegations of the lawsuit are true or if the Plaintiffs and Class are entitled to any relief. GM has denied the allegations in Plaintiffs’ lawsuit, denies that any Class Vehicle is defective, and has asserted multiple defenses. The Court or jury will ultimately decide the disputed issues at a trial.
The Court has allowed this case to proceed as a class action to allow a jury to decide the viability of the state-specific causes of action alleged by Plaintiffs who purchased a Class Vehicle from a GM-authorized dealership in the following states:
- California Causes of Action: (i) Violation of the California Unfair Competition Law, Cal Bus. & Prof. Code § 17200 et seq.; (ii) violation of the California Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq.; and (iii) violation of the implied warranty of merchantability under California law, Cal. Civ. Code § 1791 et seq., and the Magnuson-Moss Warranty Act.
- Florida Cause of Action: Violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 510.201 et seq.
- Illinois Cause of Action: Violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq.
- Iowa Cause of Action: Violation of the Iowa Private Right of Action for Consumer Frauds Act, Iowa Code Ann. § 714H.1 et seq.
- New York Cause of Action: Violation of the New York Deceptive Practices Act, N.Y. Gen. Bus. Law § 349(a).
- Pennsylvania Causes of Action: Violation of the implied warranty of merchantability under Pennsylvania law, 13 Pa. Cons. Stat. Ann. § 2314, and the Magnuson-Moss Warranty Act.
- Texas Causes of Action: Violation of the implied warranty of merchantability under Texas law, Tex. Bus. & Com. Code §§ 2.314 & 2A.212, and the Magnuson-Moss Warranty Act.
Class Members must now decide whether to remain in the Class. You are automatically included in the Class if you purchased a Class Vehicle from a GM-authorized dealership in California, Florida, Illinois, Iowa, New York, Pennsylvania, or Texas, regardless of whether you still own the vehicle. If you do not want to be part of the Class, you must submit a request for exclusion by December 21, 2023 as described in the Long Form Notice, available here, or by reviewing FAQ 11.
|LEGAL RIGHTS AND OPTIONS
||Stay as a member of the Class and await the outcome of this lawsuit.
If you purchased a Class Vehicle from a GM-authorized dealership in California, Florida, Illinois, Iowa, New York, Pennsylvania, or Texas from March 1, 2010 to September 6, 2023, you are already a Class Member and you do not need to do anything at this time to stay in the Class.
By staying in the Class, you and all other Class Members will be affected by the outcome of this case, including any benefit from a possible settlement or jury verdict in the Class’s favor.
You and all other members of the Class will be bound by the Court or jury’s decision, whether favorable or unfavorable, and you will not be able to sue GM separately for the claims in this lawsuit.
The Court has appointed a team of attorneys, known as “Class Counsel,” to litigate the case on behalf of the seven (7) state-specific Classes. You will not have to pay for any of Class Counsel’s fees and expenses, regardless of the outcome of this case.
|ASK TO BE EXCLUDED BY DECEMBER 21, 2023
||Remove yourself from the Class and keep any rights you may have to sue GM individually for the same claims.
If you ask to be excluded from the Class and money or benefits are later available to Class Members, you will not share in them. If you ask to be excluded, you will keep your right to sue GM individually for the same claims in this lawsuit, but you will need to hire your own attorney or represent yourself if you wish to pursue your claims in a separate case, and you will be subject to any legal deadlines applicable to those claims.
If you exclude yourself, you will not be bound by the outcome of the class trial with respect to the state-specific Class you fall under, because you will not be part of the Class.
To ask to be excluded from the Class, you must submit your signed request for exclusion before December 21, 2023. Please see FAQ 11 for further details.