— A Volvo XC90 T8 battery range lawsuit has been dismissed after the plaintiff failed to adequately argue Volvo lied in its battery range advertising.
According to the class action lawsuit, Volvo allegedly promised the 2016 Volvo XC90 T8 had a battery range of 25 miles when using electric power.
The plaintiffs say they expected to save money driving to and from work in the Volvo XC90 T8 which was allegedly advertised as capable of 25 miles on a single charge of the battery. But the plaintiffs were told by a Volvo dealer the window sticker said the battery range was 13 miles.
The dealer also allegedly tested the battery range and got 18 miles on a single charge.
Volvo XC90 T8 Battery Range Advertisements
Volvo argued the battery range advertisements were based on various countries and advertisements that said a 25-mile pure electric range was based on estimates according to certification standards in Europe, which are different than U.S. Environmental Protection Agency (EPA) regulations.
In dismissing the Volvo battery range lawsuit, the judge referenced Volvo's advertisements for the 2016 XC90 SUVs.
Volvo released details about the vehicle before it was first sold in the U.S.
“Normal driving is conducted in the default hybrid mode. But at the push of a button the driver can switch to quiet and emission-free city driving on pure electric power where the range will be around 40 kilometers.” — 2014 Volvo XC90 press release
Volvo said the press release statements “relate to Volvo Car Group's international car range” and that “[v]ehicle specifications may vary from one country to another and may be altered without prior notification.”
In December 2014, Volvo issued a U.S. press release which states that hybrid is the “default mode” for driving and in pure electric mode, the T8 “has a range of more than 40km using just electricity.”
The press release also said the “data used in the press release is based on the NEDC certification cycle used in the EU. The figures are preliminary.”
“Descriptions and facts in this press material relate to Volvo Car Group's international car range. Described features might be optional. Vehicle specifications may vary from one country to another and may be altered without prior notification.” — December 2014 Volvo XC90 press release
In April 2015, Volvo issued a U.S. press release that said, “Preliminary testing based on EPA criteria produced an estimated range of 17 miles using just electricity ....”
Nearly two-weeks later Volvo issued another press release that said the “XC90 T8 has a range of more than 40km using just electricity.”
But the same release said:
“All figures are based on the NEDC driving cycle for hybrids. Descriptions and facts in this press material relate to Volvo Car Group's international car range. Described features might be optional. Vehicle specifications may vary from one country to another and may be altered without prior notification.”
Volvo issued another press release on January 21, 2016, after the plaintiff took delivery of her vehicle, that says the XC90 “has a range of more than 40km using just electricity."
The January 21, 2016 press release also said:
“Descriptions and facts in this press material relate to Volvo Car Group's international car range. Described features might be optional. Vehicle specifications may vary from one country to another and may be altered without prior notification.”
The judge said at this point Volvo still had not said what the EPA certified electric range of the Volvo XC90 T8 would be.
Then there is the brochure for the 2016 Volvo XC90 which says, “[f]ully charged, the T8 Twin Engine provides 17 miles (estimated) of pure electric driving....”
According to the judge, the brochure does not say what the EPA certified pure electric range of the T8 would be.
Judge Julien Xavier Neals also found the plaintiff did not personally read a single press release, brochure or article discussing the T8's pure electric range before purchasing her T8. The plaintiff allegedly relied on a “summary of the representations" her husband told her.
And Judge Neals also determined the plaintiff's husband viewed a press release prior to the plaintiff's purchase of the vehicle, and the press release said, “preliminary testing based on EPA criteria produced an estimated range of 17 miles using just electricity...."
This class action lawsuit was originally dismissed in 2016 but refiled only to be dismissed again.
The Volvo XC90 T8 battery range class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois: Laurens v. Volvo Cars of North America LLC.
The plaintiff is represented by Siprut PC.