A class action lawsuit against GM in the state of Illinois is moving forward despite being dismissed in its original form, with the judge allowing the plaintiff, Michael Fleury, to file a revised version of the suit again.
The lawsuit relates to problems allegedly caused by use of E85 gasoline in the Flex Fuel engine of Fleury’s 2016 Chevy Impala as well as similar problems allegedly experienced by other Flex Fuel vehicle owners in Illinois, Car Complaints reports.
According to the lawsuit, use of E85 gasoline with 85 percent ethanol in the mixture caused damage to the engine of Fleury’s Chevy Impala. Fleury claims GM advertising of the Impala’s Flex Fuel engine did not contain any warnings against constant use of E85 gasoline, with further details provided by the revised lawsuit.
Fleury asserts he bought the used Chevy Impala in 2019 specifically to benefit from use of inexpensive E85 gasoline. Fleury used regular gasoline most of the time from 2019 to 2022, only driving with a tank full of E85 occasionally, but says he switched to E85 only in 2022.
As a result, the fuel pump and mass air flow sensor of his Impala failed and required replacement. The lawsuit documents detailed how “the car’s check-engine and warning lights turned on, and the car lost power.”
The lawsuit quoted advertising material from The General stating “E85 ethanol, gasoline, or any combination of the two” can be used in a Flex Fuel vehicle. It also stated that Fleury relied on the information on the gas filler cap, which read “E85 / Gasoline” and “Do not use additives with E85 Fuel.”
GM responded that it offered to replace Fleury’s fuel pump and other damaged parts free of charge, along with paying for other necessary repairs. Since GM did in fact make such offers, the original lawsuit was dismissed, but the judge, Virginia Kendall, allowed Fleury to revise and refile it based on his claim that the provided Flex Fuel information is “deceptive through halftruth.”
Kendall’s statements indicate she recognizes at least some merit in Fleury’s arguments, and that GM’s repair offer “does not preclude his claim for damages.” She also remarked “omitting or concealing a material fact is deceptive conduct.”
The lawsuit was originally filed a year ago in summer 2022. The lawsuit, filed in the U.S. District Court for the Northern District of Illinois, claims Flex Fuel-capable Chevy Impala vehicles command higher prices than regular Impala models based on the allegedly deceptive claims.
The suit includes all persons with Illinois addresses, “who purchased a GM Flex Fuel vehicle, new or used, on or after a date 3 years prior to the filing of this action.”
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Comments
Good. Sue sue sue GM. Onward to Chapter.
This is purely a money grab. First GM was nice and offered to pay for the replacement parts probably on car out of warranty and it was used. Second e85 would have no effect on the mass air flow sensor. Judge should have not let this case go forward because guess who probably said e85 was good to use…the Federal Government….bet most car companies were being forced to make the fuel lines capable of handling the fuel and no one test other things.
E85 is a scam. Yes it is cheaper than regular gas but your mileage goes down proportionally, so there’s no real savings. Plus because of the reduced mileage you will have to fill up more often and the higher alcohol content can damage certain metal fuel system components. I would never use it.
There is nothing wrong with using E85 in a car that was designed for it. It is an oxygenated fuel that results in less crap coming out the tailpipe. And yes, you use more of it than gasoline, but the fuel is renewable. In other words, when you need more, you grow more. You don’t have to depend on as many dead dinosaurs for a full tank. Actually, the E85 produces more power. Check out the TV show, “Engine Masters”, for the real scoop and don’t look like such dumb-$hits on the topic of E85.
I love E85! I have a ’69 Camaro with a blower and EFI that makes about 1,500HP on E85. Been running it since June of 2018. Works great and it’s cheap!
Good thing I’m stupid and just love GMs; essentially, they did leave their customers in the lurch and didn’t know enough about the effects of E85. Through trial and error, I know you’d better use an additive religiously in your tank to keep the water found in the E85 mix from separating since water won’t compress…this winter I’m gonna go all out once and for all (throw myself on my sword) and see if I can use Flex all year. Don’t wish me luck; pray for me!!!! (meanwhile, Hi-test works Great!)
You can use it all year but it doesn’t atomize well in sub zero temperatures. You do not need any additive when using it, as long as you aren’t only filling the car once every six weeks. At that rate, E10 will give you trouble.
E85 should not have had anything to do with the MAF sensor failure. So this guy’s Impala needed a fuel pump and GM offered to warranty it, but he is still suing?
The guy doesn’t know what he’s talking about. He just wants someone to pay his repair bill instead of doing it himself. If I were the Chevy rep, I would have told him to pound it.
Same problem in our Chevy Tahoe except our engine is gone for repeatedly using flex fuel no one ever said not to!
Been using E-85 for 35 years no problems whatsoever where can I buy sedan flex fuel today