The judge presiding over a class action lawsuit for vehicles affected by the so-called ‘Chevy Shake‘ will allow the case to proceed in Florida, but has denied a claim for nationwide class action certification.
The Chevy Shake class action lawsuit will only be open to owners of affected vehicles in Florida, as the Magnuson-Moss Warranty Act claim is the only one asserted in the lawsuit, and that specific claim is dependent on Florida state law. Therefore, only General Motors customers in Florida will be able to join the class action proceeding.
The Chevy Shake problem, first reported on back in late 2015, affects certain K2XX GM trucks and SUVs. Customers claim the vehicles will shake and vibrate when in motion – a problem that was eventually traced back to the aluminum driveshaft in the vehicles. The plaintiff in the Florida case claims GM sent technical service bulletins to dealerships related to the problem for years, but refused to fix the problem for free for customers, even when they were still under warranty. Dealers were also unable to diagnose the problem at first and made unnecessary repairs to the vehicles in an attempt to remedy the issue, which customers also had to pay for out of pocket.
GM eventually fired back at the plaintiff and sought to have the class action suit thrown out. The automaker claimed repairs for affected vehicles weren’t necessary, as the plaintiff continued to drive the vehicle for months after discovering the problem – proving that the issue was not affecting his ability to drive the vehicle. The automaker also said the plaintiff was overstepping boundaries, as he claimed the same problem affected vehicles that he did not own himself. The class action suit claims the problem can impact the K2XX-platform Cadillac Escalade, Chevrolet Silverado, Chevrolet Suburban, Chevrolet Tahoe, GMC Yukon/Yukon XL and GMC Sierra.
The problem has been traced back to the factory aluminum driveshafts in the vehicles, which may deteriorate over time and cause vibrations throughout the vehicle – usually at highway speeds. According to Car Complaints, owners of the vehicles usually claim they can resolve the shaking problem by replacing the aluminum driveshaft with a steel one, but the cost of this aftermarket repair is thrown onto them as well.
With this latest development, the class action suit will be allowed to proceed under the basis of breach of express warranties, breach of implied warranties and violation of Florida’s Deceptive and Unfair Trade Practices Act. Again, nationwide class action status for the lawsuit has been dismissed, so only Florida residents can join in on the class action suit.
Source: Car Complaints