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GM Facing Class Claims over Defective Car Touch Screens

Elizabeth DiNardo, Esq. | Associate Counsel

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On September 16, 2019, a proposed class action was filed in the Southern District of California against General Motors (“GM”), alleging that GM concealed a known defect from its U.S. customers who purchased or leased certain Cadillac models equipped with GM’s Cadillac User Experience navigation/radio touch screen display (“CUE System”).

In the complaint, named plaintiffs Matt Goldstein, Percy Sutton, Julian Wilder, Lana Savage, Gladys Tubbs, Kendra Piazza and Rafael Martinez allege that certain CUE Systems are defective and pose serious safety concerns to users as they may spontaneously delaminate, bubble or crack in a “spider-web” formation, rendering the climate control, navigation feature, the backup camera and the audio/Bluetooth/communications systems useless. Court documents list affected vehicles to include the 2013 to 2017 Cadillac ATS, SRX and XTS, as well as the 2014 to 2017 Cadillac CTS, ELR and Escalade.

Plaintiffs argue that GM was aware of the defects of the CUE System for years and chose not to implement a remedy, instead continuing to sell new Cadillac vehicles containing the defect unbeknownst to the customers. Repairs to the system can cost upwards of $1,500.

Further, the complaint alleges that when class members attempted to bring their vehicles to GM’s authorized agents for repair, the defective CUE Systems or components were replaced with equally defective parts, leaving drivers without a solid solution.

The suit seeks to represent a nationwide class of all individuals in the U.S. who purchased or leased an affected vehicle, a California subclass of all persons and entities who purchased or leased an affected vehicle in the state of California, a Florida subclass of all persons and entities who purchased or leased an affected vehicle in the state of Michigan, and a corresponding Texas subclass. The suit brings causes of action for breach of warranty under the Magnuson-Moss Warranty Act, violation of California’s Consumers Legal Remedies Act, violations of California Business and Professional Code, breach of express warranty, breach of implied warranty pursuant to the Song-Beverly Consumer Warranty Act, in addition to violations of deceptive and unfair trade practices acts and consumer protection laws in Michigan, Florida and Texas.

The suit is: Goldstein et al v. General Motors LLC, Case No.: 3:19-cv-01778 in the U.S. District Court for the Southern District of California.

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