The claims of potential class members were dismissed without prejudice, meaning they are not barred from filing their own lawsuit against General Motors over the matter at issue.
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February 11, 2021 – Most of Lawsuit Dismissed
Most of the claims made in the proposed class action detailed on this page have been dismissed without prejudice, according to a February 3, 2021 court filing.
In a 22-page order, found here, United States District Judge Janis L. Sammartino granted in part and denied in part General Motors’ bid to dismiss the lawsuit. In the order, Judge Sammartino threw out a number of plaintiffs’ claims made under the California Consumers Legal Remedies Act and two plaintiffs’ implied warranty claims that were either filed too late or lacked enough information for the court to determine if they were timely.
The judge also tossed all unfair competition and unjust enrichment claims, reasoning that the drivers failed to show they were entitled to equitable relief. Similarly, claims that GM fraudulently concealed the existence of the alleged touchscreen defect were also thrown out.
The remaining plaintiffs’ allegations were allowed to proceed.
The plaintiffs have 30 days from February 3 to file an amended complaint.
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A proposed class action lawsuit alleges the “Cadillac User Experience” (CUE) touchscreen display found in 2013-2017 ATS, SRX and XTS and 2014-2017 CTS, ELR and Escalade vehicles is defective.
Filed in California’s Southern District, the 84-page lawsuit claims defendant General Motors’ CUE display, which handles a vehicle’s GPS navigation, Bluetooth connectivity, music playback, climate control and back-up camera, is defective in that it can “spontaneously delaminate, bubble or crack in a ‘spider-web’ formation,” rendering the console non-functional. According to the case, the Cadillac CUE defect poses a safety risk in that drivers can become distracted when attempting to use the system.
A sticking point in the lawsuit is that General Motors warranties reportedly cover all defects except “slight [noises], vibrations, or other normal characteristics of the vehicle due to materials or workmanship occurring during the warranty period.” Arguing that the apparent CUE defect does not fall into any of those exemptions, the suit asserts the issue is covered under General Motors’ warranty. The defendant, however, has allegedly declined to cover repairs for the defect, leaving customers to pay upward of $1,000 out of pocket to fix an issue the lawsuit, citing at least four service bulletins dating back to December 2014, alleges GM has known of for years.
“The Defect is inherent in the CUE Systems and is present at the time of sale,” the suit alleges. “Because the Defect is inherent in every CUE System, and GM has either been unable, or refused, to actually repair the Defect, it is impossible to correct the Defect by replacing one CUE System with another.";
The seven plaintiffs argue GM’s handling of the apparent touchscreen defect and its non-coverage of ostensibly warrantied repairs has been “entirely inadequate.” According to the consumers, GM, rather than redesign the problematic component or install non-defective ones, instead performs “ineffectual or insufficient software updates” that fail to fully resolve the problem. The lawsuit stresses that General Motors’ mishandling of the touchscreen defect “unfairly shifts the costs” associated with the issue to proposed class members.