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Dismissed GM 5.3L V8 Engine Class Action Lawsuit In Missouri Back On Track

A lawsuit filed against GM that was previously dismissed has been sent back to a district court in Missouri after appeal.

Several GM vehicles were targeted by a lawsuit alleging excessive engine oil consumption.

The class action lawsuit alleges that several GM trucks and SUVs spanning the 2010 through 2014 model years consume excessive amounts of engine oil as the result of engine defects. The GM models in question include:

Plaintiffs listed in the lawsuit purchased two new GM pickup trucks, including a new GMC Sierra in 2013, and a new Chevy Silverado in 2012. The plaintiffs claim that while they did see advertising for the pickups, GM failed to warn customers about allegedly excessive oil consumption.

The lawsuit goes on to claim that the Generation IV 5.3L Vortec V8 engines equipped by these vehicles exhibited piston ring failure, leading to the excessive oil consumption condition. The plaintiffs listed in the lawsuit noticed that their pickups were consuming excessive oil some time after purchasing the vehicles, with the GMC Sierra owner noticing the excessive oil consumption at 75,000 miles, and the Chevy Silverado owner noticing the excessive oil consumption at 25,000 miles.

The lawsuit alleges that affected engines can overheat and fail, and that GM knew about this condition since 2008.

A district court judge dismissed all claims against GM in this lawsuit in 2021. However, according to a recent report from Car Complaints, the lawsuit was subsequently appealed in the U.S. Court of Appeals for the Eighth Circuit, reversing a dismissal on the claim that GM violated the Missouri Merchandising Practices Act (MMPA).

The original ruling stated that advertising constituted “mere puffery” and could not form the basis of an MMPA claim. However, according to the Car Complaints report, the appeals court found that advertising “puffery” does not affect an MMPA claim based on omission of a material fact in this case. As such, the oil consumption class action “alleg[es] sufficient factual matter, accepted as true, to state [an omissions] claim to relief that is plausible on its face.”

The lawsuit was filed in the U.S. District Court for the Eastern District of Missouri, with plaintiffs represented by DiCello Levitt Gutzler LLC, and Beasley, Allen, Crow, Methvin, Portis and Miles, P.C.

To note, GM has been the target of multiple lawsuits alleging excessive oil consumption by the 5.3L V8 engine, including in Ohio and in Washington. The lawsuit in Ohio was dismissed in 2020.

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Jonathan is an automotive journalist based out of Southern California. He loves anything and everything on four wheels.

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Comments

  1. I sold my 2014 Silverado LTZ in 2019 because of this. I took a beating on it. I have several Chevy cars. GM should be ashamed of themselves…….

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  2. The more common problem with that design of 5.3L is excessive oil consumption because of Active Fuel Management (AFM; displays V4 instead of V8) which disables fuel and spark to 4 of 8 cylinders when the engine is cruising (low torque, steady speed, level road). My 2012 Silverado LTZ (170,000 miles) was consuming a quart of oil every 3,500 miles before I bought a tuner and disabled AFM. Oil consumption went to zero (10,000 mi change interval with long life filter and Mobil 1 5W-30) and fuel economy was unchanged. A plus is the absence of a slight lag when accelerating to downshift for passing that was common when in V4.

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  3. I did the same thing as Mark. AFM disabler. I have 140,000 with no oil consumption between oil changes.

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    1. It’s not the yr of the truck. It’s the intire line of engine, that has th AFM engines in them. A whole lot of issues come with these engines, starting with the lifters. Issue. My truck is down now an they want 8,300.oo to repair it.

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  4. I love GM and I hate to see them being sued but if this it what it takes to improve their quality then so be it!

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    1. I’m glad that they are being sued They damn well deserve it. The 2.7 4 cyl truck engine uses a plastic oil pan with a strange drain plus it only turns a 1/4 turn and it comes out. 4 truck owners with this engine has already has has debris knock holes in these oil pans 2 engines locked up. Another future lawsuit, Im not sure what to buy anymore ? Auto manufacturers are taking more n more shortcuts building new vehicles almost like hvg a new home built many shortcuts

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      1. I mean Ford is no better with the 2.7 Bronco with I think over 50 blown engines with some less than 1k miles.

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      2. This sounds like a newer Ford

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  5. So, is the problem fixed now?

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  6. 247568 miles on mine doesnt use oil between changes im 100% 2012 gmc

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  7. Quality what’s that ! There is none in today’s society nor durability. That’s why ur refrigerator only lasts 5yrs. They want u to buy new so poor man has to spend thousands to fix them.

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    1. Then these same corrupt poorly run corporations claim they care about the environment, net zero by 2030 blah blah blah.
      Any business practicing planned obsolescence does not care about the environment or sustainability. Period.

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  8. I have a 2015 Silverado crew cab 2 wheel drive with 114,000 miles and have not disabled AFM , and the engine is 5.3 doesn’t burn or use any oil between 7500 mile oil changes, mine has been good so far, I keep it serviced like it should be and have no complaints about the engine but my paint is peeling and very unhappy about that

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    1. Don’t worry Just keep those miles a rolling. I didn’t have problems until the 175 thousand mark. I am now using a quart every 2000 miles.

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  9. I never had an oil consumption problem. I never had an AFM problem. I have 248,000 miles on my 2012 5.3 L.
    Once I hit about 160,000 I started keeping it in fifth gear.

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  10. A neighbors Silverado uses much oil. His problem is not lifters. After sitting awhile, when started, it emits a huge cloud of smoke. The problem is bad valve guide seals, allowing oil to run down the valve guides into the combustion chamber. Easy fix.

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  11. 2012. Chevy suburban..
    5.3. Enj. Low oil pressure. ENJ FAILURE
    USED OIL…TRYED OIL PUMP .SENDER.
    NOTHING WORKED..
    BLOWED UP..
    PUT IN USED ENJ…GOOD OIL PRESSURE…30 PDS. IDLING. 45 DOWN ROAD…
    SHAME. ON. 5.3. ENJ.

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  12. I have a 2013 Sierra and it consumes excess oil and it just turned over 200,000 miles. The issues with this need to be fixed by GM oil is too expensive to be dealing with this type of issue.

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  13. That’s normal for chevys

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  14. The 5.3 was great from 1999 through 2006. GM should know what changed. Fuel management systems, vendors, etc.

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  15. I had an 07 a 14 and now a 19 all 3 same. Burns just over a quart at the oil change. The 19 has done it since about 30k miles. Have just over 50k now.

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  16. I like the 5.3 and have put them in 2 project cars……but they are Gen III. If you want a trouble free pickup, go Tundra. You pay more but they will outlive even the highest mileage “domestic” on the road and with just regular maintenance. BTW, mileage between oil changes is calculated to avoid warranty repairs while your vehicle is still under warranty. CHANGE YOUR OIL AT NO MORE THAN 5,000 MILES! OIL CHANGES ARE INEXPENSIVE WAYS TO GET MUCH LONGER LIFE OUT OF YOUR VEHICLE! GET THE DIFFS AND TRANSFER CASE ALONG WITH TRANS ABOUT EVERY 50,000.

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  17. I have a 2017 gmc truck 5.3 with only 75000 miles it is in the shop right now with a #3 lifter failure.

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    1. I have a 2015 gmc pickup had lifter troubles at 6800 mile course GM fixed it now with 54687 mile she started pecking again! $4052 dollars later I’m back in business. Holding my breath every mile. I have never owned anything but Gm. I’m done! They won’t stand by the equipment! Time for a change

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  18. Didn’t GM AFM DOD, engines start in 2007, so why doesn’t the lawsuit go back to when they started putting those engines in thier truck. That’s when all the trouble started ,right. My 2009 GMC sierra 5.3 has 111,300 miles on it .#7 is misfiring, valve tapping, rough idling. Drop in oil pressure. Gave $17,500.00 2 yr. ago. Only put 4,ooo miles on it. Now I’m fixing to dump another $ 8,000.00, in it. Beautiful truck, an expensive, an I’ll never buy another one. So how can I get in on this lawsuit. I feel as if I’ve been let down by America’s top truck manufacturing org.

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  19. I have a 2018 Silverado, 5.3L .currently in the shop with lifter failure. 68,000.miles
    Oil changes religious, never miss always early.
    It doesn’t seam to matter. So for those saying it is because the owners didn’t change oil enough. I don’t think that’s the problem.

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  20. How do I join in on this lawsuit, I am experiencing the same issues in my 2014 silverado

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  21. Companies will continue to stay in business and give us defective and inferior products IF we continue to purchase them. The AFM kerfuffle has been an ongoing issue for many years and the company was aware of it offering band-aid fixes . The consumers keep buying these vehicles KNOWING that there is an issue seeming relying on the luck of the draw and hoping for the best. Are brand loyalists blinded by the high prices and shiny wheels?

    Reply
  22. We had a 2017 Silverado….the valve lifters were not getting enough oil and they bent. We paid $2660 to replace valve lifters. Then the transmission was going out. Also the steering would go out when making a slow right turn making the wheel jerk straight….they said it didn’t happen when they drove it and since they sent a check for $560 for the lifter failure….they said they would only pay for one defect. We sold it and got a Ford F-150.

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    1. Had all my lifters replaced, lifter tray, camshaft, delete kit, computer program, plugs an wires. Timing chain. Out $4,600.00. Chevrolet dealership, was going to charge me,$ 8,400.00.

      Reply
  23. I have a 2011 GMC Sierra hit 90thou miles 0 oil pressure knocking took it to shop wasn’t getting oil up to bearings. replaced engine $9000.oo later runs like a champ

    Reply

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