Santa Clara, CA: General Motors (GM) is facing a potential consumer fraud class action lawsuit accusing the automaker of emissions cheating. According to the complaint, GM used defeat devices similar to those used in Volkswagen’s diesel cars, to enable its Silverado and Sierra 2500HD diesel vehicles to pass emissions tests.
The complaint alleges that despite GM’s claims that its top-selling Silverado and Sierra 2500HD vehicles are environmentally friendly with high fuel economy and low emissions, in fact they emit far more pollution while on the road than in emissions testing conditions.
The complaint states that currently some 705,000 Silverado and Sierra diesels are on the road in the US. Data from emissions testing show that those vehicles emit levels of nitrogen oxide far above standards set by the US Environmental Protection Agency (EPA).
Auto parts supplier Robert Bosch GmbH is also named in the suit, and allegedly plays a pivotal role in the emissions scandal that has plagued the auto industry since Volkswagen defeat devices were revealed in 2015. The auto parts supplier developed the electronic diesel control that enabled GM to implement the defeat devices in its cars.
According to the plaintiffs, there are at least three defeat devices in GM’s Duramax diesel engines. The GM vehicles affected are model years 2011 to 2016 Silverado 2500HD/3500 HD trucks and Sierra 2500HD/3500HD trucks.
“GM turned a blind eye to the twofold to five-fold increase in deadly nitrogen oxide emissions its scheme caused, all to drive up its sales and profits,” the plaintiffs state.
The named plaintiffs are Andrei Fenner, a Californian who bought a used 2011 GMC Sierra from an authorized GM dealer in 2013, and Louisiana resident Joshua Herman, who bought a new 2016 Silverado in June, allege violations of the Racketeer Influenced and Corrupt Organizations Act and states’ deceptive trade practice and consumer violations laws. They seek to represent a nationwide class on the RICO claim and state classes for the residents of California, Louisiana and other states.
The drivers are represented by Steve W. Berman and Jessica Thompson of Hagens Berman Sobol Shapiro LLP.
The case is Fenner et al v. General Motors LLC et al., case number 2:17-cv-11661 in the U.S. District Court for the Eastern District of Michigan.
