— A GM fuel pump class action lawsuit alleges 2020-2024 Chevrolet Equinox and 2020-2024 GMC Terrain vehicles are defective even though a fuel pump recall was issued.
The three vehicle owners who filed the lawsuit complain GM replaces defective ACDelco fuel pumps with replacement pumps that will also fail.
General Motors supposedly knew the vehicles were defective before they were first sold, but instead of fixing the problems, the automaker purportedly sold the vehicles even while knowing they would break down.
Chevrolet Equinox and GMC Terrain vehicles were recalled in February 2023 to replace the fuel pump modules, a recall overseen by the National Highway Traffic Safety Administration. But even with federal oversight, the three owners who sued claim the recall failed.
The fuel pump class action alleges GM cannot permanently repair the Chevrolet Equinox and GMC Terrain vehicles, and the lawsuit also contends the fuel pump recall didn't include all the defective vehicles.
This supposedly forces owners to pay $1,200 to $2,000 to replace the fuel pumps with equally defective pumps.
The GM fuel pump class action lawsuit was filed by Florida plaintiffs Greg and Twila Kerr, and Texas plaintiff Robert Knowles. The three GM owners complain their vehicles lost their values because there are no permanent repairs for the fuel pumps.
GM Fuel Pump Lawsuit — Motion to Dismiss Fraudulent Inducement Claim
Once sued, a company typically won't roll over and settle the case but instead will file a motion to dismiss the entire lawsuit. But with an appeal in this case underway, General Motors most recent court filing is associated with a motion to dismiss just one claim.
That is a fraudulent inducement claim the plaintiffs make against GM.
According to GM, the plaintiffs admit a new fraudulent inducement claim is based on GM’s statement in its warranty that dealers would repair certain defects within the 3-year, 36,000-mile warranty period. And GM argues the plaintiffs also admit they "did not even notice—much less seek a repair of—the alleged defect until after the warranty period expired."
GM says the judge already dismissed the warranty claim because of that admission, and it is purportedly equally fatal to the fraud claim.
The automaker argues the plaintiffs cannot claim GM misled them about repairing the supposed fuel pump defects under warranty because the 3-year 36,000-mile warranties had expired. This, according to GM, necessarily means the fraud claim fails.
The automaker told the judge the plaintiffs cannot plausibly assert the statements in GM’s warranty were false because the plaintiffs admit GM issued service bulletins and recall notices specifically to fix any fuel pump problems.
General Motors told the judge it never promised its vehicles would be defect-free, but merely promised dealers would repair any defects within the 3-year, 36,000-mile warranty period.
The motion to dismiss the fraud claim also argues the plaintiffs never allege when, where or how they received their vehicle warranties. According to GM, without those details the fraudulent inducement claim must be dismissed.
The GM fuel pump class action lawsuit was filed in the U.S. District Court for the District of Delaware: Kerr, et al., v. General Motors LLC.
The plaintiffs are represented by Berger Montague PC, and Capstone Law APC.