Volvo XC90 T8 battery range lawsuit dismissed
– A lawsuit over the Volvo XC90 T8 battery range was dismissed after the plaintiff failed to adequately argue that Volvo lied in its advertising of the battery range.
According to the class action lawsuit, Volvo allegedly promised that the 2016 Volvo XC90 T8 would have a battery range of up to 25 miles on electric power.
Prosecutors say they expected to save money driving to and from work in a Volvo XC90 T8 that was allegedly advertised as being able to go 25 miles on a single battery charge. But the Volvo dealer told prosecutors that the window sticker indicated a battery range of 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 that battery range ads were based on different countries and ads saying 25 miles of pure electric range were based on estimates under certification standards in Europe, which differ from US Environmental Protection Agency (EPA) regulations.
In dismissing the lawsuit over Volvo’s battery pack, the judge pointed to Volvo’s ads for the 2016 XC90 SUV.
Volvo published details about the car before it was sold for the first time in the United States
“Normal driving takes place in the default hybrid mode. But with the push of a button, the driver can switch to quiet, emission-free city driving using pure electric power where the range will be around 40 kilometres.” — Press release about the Volvo XC90 2014
Volvo said that the press release data “relates to the Volvo Car Group’s international vehicle range” and that “vehicle specifications (v) may vary from country to country and can be changed without prior notice.”
In December 2014, Volvo issued a US press release stating that hybrid is the “default mode” of driving and in pure electric mode, the T8 “has a range of over 40 kilometers on electricity alone”.
The press release also stated that “the data used in the press release is based on the NEDC certification cycle used in the European Union. Figures are preliminary.”
“The descriptions and facts contained in this press material relate to Volvo Car Group’s international vehicle range. Features described may be optional. Vehicle specifications may vary from country to country and can be changed without prior notice. — December 2014 Volvo XC90 press release
In April 2015, Volvo issued a US press release stating that “initial testing based on EPA standards produced an estimated range of 17 miles on electricity alone…”.
Nearly two weeks later, Volvo issued another press release stating that “the XC90 T8 has a range of more than 40 kilometers on electricity alone.”
But the same version said:
“All figures are based on the New European Driving Cycle (NEDC) for hybrid vehicles. Descriptions and facts contained in this press material relate to Volvo Car Group’s international vehicle portfolio. Features described may be optional. Vehicle specifications may vary from country to country and can be changed without prior notice .
Volvo issued another press release on January 21, 2016, after the plaintiff received her vehicle, stating that the XC90 “has a range of more than 40 kilometers on electricity alone.”
The press release dated January 21, 2016 also stated:
“The descriptions and facts contained in this press material relate to Volvo Car Group’s international vehicle range. Features described may be optional. Vehicle specifications may vary from country to country and can be changed without prior notice.
The judge said at this point Volvo has not yet said what the EPA-certified electric range of the Volvo XC90 T8 is.
Then there’s the brochure for the 2016 Volvo
According to the judge, the brochure doesn’t say what the T8’s EPA-certified pure electric range is.
Judge Julian Xavier Niles also found that the plaintiff had not personally read a single press release, brochure or article discussing the pure electric range of the T8 before purchasing her T8. The plaintiff is alleged to have relied on a “summary of representations” made to her by her husband.
Judge Niles also determined that the plaintiff’s husband had seen a press release before the plaintiff purchased the car, and the press release said: “Initial testing based on EPA standards produced an estimated range of 17 miles on electricity alone…”
This class action lawsuit was originally dismissed in 2016 but was refiled only to be dismissed again.
A Volvo XC90 T8 battery pack class action lawsuit has been filed in the U.S. District Court for the Northern District of Illinois: Lorenz v. Volvo Cars North America LLC.
The plaintiff is represented by Siprut PC.
