Volvo Lawsuit Claims XC40 Recharge Electric Vehicles Prone to Unintended Acceleration, Lurching Due to Defect

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A proposed class action lawsuit claims Volvo Cars of North America and Volvo Car USA have knowingly concealed that 2020-2024 model year Volvo XC40 Recharge vehicles are plagued by a powertrain control system defect that can cause the electric cars to suddenly accelerate, lurch or jump.

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The 16-page Volvo lawsuit contends that the XC40 Recharge, despite being touted as a safe, reliable all-electric SUV, suffers from a defect that stems from a “constellation of potentially interconnected issues” linked to software failures and critical powertrain and control system vulnerabilities. According to the suit, these issues can cause the cars to unexpectedly accelerate or surge forward or backward, often when the driver is shifting gears, when the “one pedal drive” system is active, during low-speed maneuvers or when using features like “creep mode” or the automatic brake hold function.

The Volvo XC40 Recharge lawsuit alleges that the unpredictable nature of the apparent defect—which can manifest even when a driver is not accelerating or their foot is on the brake pedal—poses a significant risk of accidents and injuries to motorists and pedestrians, particularly in common driving situations such as parking, merging or moving through intersections.

“The core of this Defect is the system’s fundamental inability to safely manage the powertrain when faced with minor hardware faults, software conflicts, or common operational scenarios, leading to a cascade of dangerous, unintended behaviors,” the complaint describes.

The filing argues that Volvo was aware of the alleged software defect, not least because the XC40 Recharge’s “sister vehicle,” the Polestar 2, also reportedly experienced critical powertrain failures due to a flaw in identical software it shares with the Volvo model at issue. In addition, the automaker began receiving consumer complaints and data from dealerships detailing the issues shortly after the XC40 Recharge was launched, the suit claims.

The case charges that Volvo has failed to disclose to consumers the scope and severity of the defect and instead continued to misrepresent the vehicles’ safety and dependability.

Furthermore, the automaker has not sufficiently remedied the problem or issued a comprehensive recall to address the design flaw, the complaint alleges. Although Volvo initiated two recalls for certain 2021-2022 XC40 Recharge vehicles and 2021-2022 XC40 battery electric vehicles (BEV) in previous years, the recalls were limited, “unduly narrow” and failed to cure the underlying systemic defect that causes the dangerous surging and lurching behavior, the filing contends.

The lawsuit looks to represent all individuals or entities in the United States that purchased or leased any 2020-2024 Volvo XC40 Recharge electric vehicles.

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