[zimmerdale]

I'm not an attorney, but given the repeated stories and similarities in our experiences, I'd like to see what the pulse may be for some sort of class action.

I specifically shopped for a GM Certified car in Nov. 2021 because I believed the warranty would be important. Three months later, the BECM was diagnosed as bad. The warranty covers repairs, but I've been waiting more than a month with no ETA on a part. Some online suppliers seem to have the part in stock, but the dealer says they can't use a part that's purchased elsewhere. The warranty provides courtesy transportation, but the dealer claims there are no loaners. They won't return my calls. I complained to GM, and they said they would look into it, but I haven't heard anything back yet.

The 2018 warranty explicitly states: "A part not being available within 10 days or a repair not being completed within 30 days constitutes a significant inconvenience."

If anyone else who has not received adequate service when their battery energy control module failed would be interested in looking into a class action, please PM me or email me (zimmerdale at yahoo dot com) with your name, phone number and/or email, your state, year of your Volt, and a brief overview of your experience, I'll try to compile a summary for circulation to see whether anything can come of this.

 

[zimmerdale]

not an attorney but we can rely on you to spam this message to every BECM thread? I'm deleting all the duplicates.

Sorry. Didn't mean to spam. I thought I only posted in the two big BECM threads that seemed to be active.

 

[zimmerdale]

It's not clear to me how the BECM failure is a NHTSA issue of safety. Has anyone reported this to NHTSA as a safety problem and gotten a response that indicates they're taking it seriously? Air bags and seat belts and fire hazards seem to be their focus.

I'm more interested in this as a warranty issue. Three months ago I didn't know anything about the BECM problems. I thought I did my homework on the Volts, and I purchased a single owner, female driven, 2017 Premium from a dealer as a GM Certified used car. I found it through the GM website, and GM told me it had been fully inspected and had zero issues. I bought it in PA and had it shipped to KS.

Now it seems clear that GM has known that the BECM was a problem for a long time, and could have had it repaired as part of the GM certification process, but they were happy for me to buy a non-repaired model as GM Certified. Three months and 3k miles later, we're stuck.

For an example of what a class action could offer, see the recent Hyundai class action: FAQ | HMA Engine Settlement

What can I get from the settlement?

• Warranty Extension
• Reimbursement for Past Repairs
• Reimbursement for Rental Car, Towing, Etc.
• Compensation for Inconvenience Due to Repair Delays
• Compensation If You Traded In or Sold a Class Vehicle
• Compensation for Vehicle Involved in an Engine Fire
• Rebate Program

 

[zimmerdale]

I mean that's all pretty reasonable, in terms of compensations. Not asking to get anything other than what I paid for.

For the sake of discussion, though, the BECM failure events we experienced were serious safety issues. Total shutdown of car while in motion, one event almost leaving the car stuck on train tracks. It's not as if the car switched into ICE/reduced propulsion mode - it just unexpectedly came to a stop and was thereafter immobilized. My wife was driving, and good grief - if that happened on a crowded highway? I'm not sure you'd be able to get it onto a shoulder. IIRC there wasn't even power steering available in that condition. Not saying that falls into NHTSA's purview, but a serious safety issue in a general sense.

That definitely sounds like a safety issue! I don't understand why our dealer then told us it's totally safe to keep driving ours?! My wife commutes with it daily on the highway. It intermittently gives the reduced propulsion warning (seems to be on really cold mornings), but that will go away after a few minutes of driving and a restart.

I would prefer to park it until it's repaired, but the dealer won't give us a loaner (despite the warranty including that), and we can't afford to rent another car for weeks on end.

 

[zimmerdale]

I did finally receive a response from GM ([email protected]):

We've received a response from your dealership regarding your part. At this time, the part's ETA is 4/21/22. Should there be any updates regarding that part's arrival, we'll be sure to let you know. Regarding a rental vehicle, we apologize for our inability to place you in a rental vehicle during your repair. Throughout the Covid-19 pandemic, travel was very limited and vehicle rental agencies reduced their overall vehicle inventory as a result. As restrictions are being lifted, more people are beginning to travel again creating a shortage of rental vehicles nationwide. The situation will most likely continue through the release of 2022 model year vehicles.

While we are unable to guarantee a rental vehicle whenever an overnight repair is required, Chevrolet does try to assist with transportation during this period. We are able to provide up to $46 per day in rental allowance as a reimbursement. Once your vehicle is repaired a rental invoice must be submitted for our review in order for the reimbursement to be processed. We understand during the current nationwide rental shortage that it might not be possible to find a vehicle within this price range. Working with our partners Enterprise and Hertz will also help to reduce your costs. We will gladly review any request for a higher rental amount once your vehicle is repaired and the rental invoice submitted.

The original date of diagnosis at the dealer was 2/21/22. So if their ETA is correct, that's two months of waiting.

The cheapest weekly prepaid rental around here from Hertz is $462.72 ($66.10/day) and from Enterprise is $452.15 ($64.59/day).

 

[zimmerdale]

Ive been waiting on this part for over 4 months, with the incorrect part being sent three months into the ordeal. And I just purchased the car in November 2021. I had it for three months prior to it breaking, if that. It's a 2017 though. Did you have any luck with that warranty statement? Was it in the actual warranty or the voltec warranty? I am honestly at a loss of what to do at this point.

I sent you a DM with more info. Sounds like we have the same car and same situation. 2017 Volt Premier purchased in Nov. 2021 with a bad BECM after 3 months. In replacing the BECM (after waiting two months) there's now another part that's unavailable and has no ETA. We've been waiting since Feb.

The warranty I was referring to specifically is the GM Certified warranty. What did yours come with?

 

[zimmerdale]

It looks to me like the broader Voltec warranty that covers the battery components should include the BECM for 8 years/100k miles. It includes both "Battery Control Modules" and "Battery Charger Control Module."

2017 making sense of various warranties on a used Volt

I could use help making sense of the warranties on my new-to-me, used Gen2 Volt. In February 2021, I purchased a 2017 Volt Premier with 23K miles from a Chevy dealer (but not CPO). The vehicle was previously leased, by a single owner, in California, starting in September 2017. According to...

www.gm-volt.com

 

[zimmerdale]

Original poster, still without our 2017 Volt Premier over 7 months later. Bought it through the GM Certified website from a GM dealer with 50k miles. Drove it 2,500 miles for 3 months until the BECM failed and was diagnosed immediately on Feb. 18, 2022.

We waited over 2 months for the BECM. The dealer then said they found two other things needing repair: a clip, which was available immediately, and a "cable," which has never showed up. I've never been able to get the dealer or GM to give me a part number for the mysterious cable we're waiting on. At one point months ago, the dealer told my wife the cable was now in quality control. We've not heard an update, and the dealer won't return our calls.

I asked GM for a loaner or a rental at the very beginning. They said no loaners. They said I should get a rental and at the end of everything, when our car was repaired, they would reimburse us at their predetermined rate of $46/day. At that point, the cheapest daily rental in our area was $90/day. They said at the end of everything, they might consider additional reimbursement.

It's been more than 7 months (230 days) since the BECM was diagnosed, so we would now have paid more than $20k for a rental, more than the purchase price of the Volt, if we had gone that route. GM would have reimbursed us half of that.

We bugged and bugged the dealership until after three months, they finally gave us a loaner. We're now on our second loaner, a large inefficient SUV.

At one point GM offered us $2000 off buying a new vehicle as we continue to wait on the Volt. Then they offered 10,000 points worth $100 towards repairs. We really just want our car back or a way out of this awful, neverending mess. It doesn't seem like we have any options.

When GM learned I had talked to a lawyer, they refused to speak to me any further. Having worked in retail and the service sector for many years, I'm amazed at the poor customer service from GM. A little bit would have gone a long way.

There are lawyers working on putting together warranty cases related to the BECM failures. A number of folks have contacted me through this forum. If you think your situation might fit, contact me at [email protected], and I can connect you with the right people.

Has anyone else waited more than 7 months or had similar issues with a mysterious "cable?"

 

[zimmerdale]

Once you tell someone you've retained a lawyer for a matter, they generally won't talk to you except through your lawyer. Because the lawyer is your representation, and is who tracks officially who told you what, when and promised which in the process.

Yes, I understand that. I don't fault them for that. Interestingly, I didn't tell them anything, but their system figured it out.

My "customer service" comment was referencing the months of no information and no willingness to genuinely help us out.

 

[zimmerdale]

The case is finally filed.

Complaint – #1 in Miller v. General Motors, LLC (E.D. Mich., 2:22-cv-12739) – CourtListener.com

COMPLAINT - Class Action filed by All Plaintiffs against All Plaintiffs with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9126368 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Out of State - County of 1st Defendant: Wayne. [Previously...

www.courtlistener.com

If you think your situation is similar (see my posts earlier in this thread), and you are interested in being added to the case at some point, I can connect you with the lawyers in charge.

 

[zimmerdale]

Attached is a bit of coverage (a summary basically) of the suit from a legal news service. It's behind a paywall for us regular folks.

"GM Battery Defect Brings Chevy Volts To A Halt, Suit Says"

 

[zimmerdale]

Chevy Volt class action says battery defect causes vehicles to suddenly stop

General Motors sold model year 2016-2019 Chevy Volt plug-in hybrid vehicles containing defective battery energy control modules, a new class action lawsuit alleges.

topclassactions.com

 

[zimmerdale]

After more than 12 months since diagnosis of a bad BECM (and just under 10 months of sitting undriveable at the dealer), our 2017 Volt Premier is back home and appears to be working properly.

Nov. 2021: Found the car through the GM Certified website and purchased from a dealer. It worked great for three months.

Feb. 18, 2022: After a couple weeks of reduced propulsion warnings and other issues, we dropped it off at the only dealer (Wichita, KS) within three hours that could do warranty work.

Feb. 21, 2022: Dealer diagnosed a bad BECM. Part on backorder with no ETA. Told us to keep driving it.

Mar. 30, 2022: No word from the dealer. GM ([email protected]) responded to say, "the part's ETA is 4/21/22."

Apr. 26, 2022: Dealer said the BECM came in (just over two months wait). Dropped the car off for the first available appointment. Dealer said it would take five hours. A day or two later, dealer said they found a couple other broken things. One clip would come in the next day. Another "cable" was special order or on backorder with no ETA. Car is undriveable and parked at dealership.

July 11, 2022: Dealer told us that on June 23 the backordered cable was going through quality control.

No further updates.

Nov. 11, 2022: Filed lawsuit: Complaint – #1 in Miller v. General Motors, LLC (E.D. Mich., 2:22-cv-12739) – CourtListener.com

Feb. 6, 2023: GM filed motion to dismiss. We have 21 days (Feb. 27) to file an amended complaint.

Feb. 21, 2023: Dealer suddenly told us our car was ready. Twelve months to the day from when the BECM was diagnosed. Paperwork says: Installed 24296900 Module (BECM), 84075358 Cable, and 24299153 Relay. This was the first I heard of the high voltage relay being replaced as well. The dealer never mentioned it before. It's also not mentioned in the limited description:

Replace the Kl6 Battery Energy Control Module: durning tear down of vehicle found that the to the safety clips were broken on the High Voltage Battery to Inverter harness plug that plugs into the high volatge ev battery.

replaced the battery energy control module per Document ID: 4179662 .. and replaced the the High Voltage Battery to Inverter harness due to the safety clips being broken.

 

[zimmerdale]

Can you remember what SOC of the main battery was at the time the dealer took the car and what was it upon you receiving the car? Did it degrade much?

I mean has the lack of charging for almost a year somehow affected the battery health?

I'm worried about battery degradation after sitting uncharged and unplugged for ten months.

I'm not sure how to judge that accurately, as we only had the car for three winter months before the BECM acted up, and I didn't pay close attention to the charging numbers. The guess-o-meter was telling us about 32-36 miles of EV only in those first three months, with the car being used to commute daily just over 30 miles round trip at 75-80 mph. And it often wouldn't even go 30 miles if heat was used.

Now with it back for a few days, the guess-o-meter has dropped to 30 miles after a full charge.

 

[zimmerdale]

The amended complaint filed yesterday includes fifteen additional plaintiffs.

 

[zimmerdale]

I thought our experience was rough.

Plaintiff C:

... purchased a new 2017 Chevy Volt in or around August 2016. [...] In or around March 2020, the MIL (or “check engine”) light came on in Varadarajan’s Volt and he began experiencing decreased propulsion. He took the vehicle to Stevens Creek Chevrolet in San Jose, California for repair for the first time in or around March 2020. The dealership informed Varadarajan that his Volt’s BECM had failed and needed to be replaced. Over the next approximately two years, Varadarajan’s Volt has been in for BECM-related repairs six different times. Varadarajan’s vehicle has undergone five (5) BECM replacements – the latest occurring on or about January 5, 2023 – and all attempts at repair have failed. After the latest failure, Varadarajan had his car transported back to the dealership for the sixth BECM-related issue, and the dealership retains Varadarajan’s Volt as of the date of filing of this First Amended Complaint.

 

[zimmerdale]

Plaintiff H:

Upon taking the vehicle in for repair, Hogan was informed that the BECM on his Volt has failed and has since sought BECM-related repair service from authorized GM service centers on multiple occasions. The BECM failures on Hogan’s Volt occurred at approximately 40,000, 65,000, 85,000, and 100,000 miles.

 

[zimmerdale]

This has happened to me twice. Is it still possible to join the lawsuit?

I sent you a message with the contact info for one of the lawyers. I don't know if they are still able or wanting to add plaintiffs, but I'm sure they would be interested in hearing about your situation.