— A Volvo Sensus class action lawsuit should allegedly be dismissed because the two plaintiffs who sued were already offered remedies to their issues before they filed the lawsuit.
That argument came from Volvo, which filed a motion to dismiss the class action that alleges XC90 owners cannot use Android Auto with the Sensus systems.
The plaintiffs say the automaker advertised Android Auto was compatible, but in fact the service allegedly wasn't available when the plaintiffs purchased their SUVs.
Volvo noted how plaintiff Robert Middien who originally filed the lawsuit in 2017 is no longer listed as a plaintiff after deciding “he no longer wished to pursue his claims or serve as a putative class representative.” Middien alleged Volvo falsely advertised the smartphone compatibility features in XC90 SUVs.
Volvo owners Frederick Scott Levine and Douglas W. Murphy have intervened and are now listed as the only named plaintiffs.
The Volvo owners allege the Sensus feature should allow a driver to operate multiple features of their Android phones through the XC90 touchscreen.
In the motion to dismiss the lawsuit, Volvo points out how the original plaintiff “conceded that the relief he sought was already available to him before he initiated this lawsuit.” Now with two different plaintiffs heading the case, Volvo told the judge the class action lawsuit “is fatally flawed and should be dismissed.”
According to Volvo, the class action is being held in New Jersey, but the plaintiffs purchased their vehicles in Florida. This, says Volvo, is just one reason why the judge should put an end to the case.
In its motion to dismiss, the automaker says, “no nationwide class may be certified under New Jersey law due to significant variations in consumer fraud and breach of warranty laws throughout the country.”
As for the primary claim concerning incompatible technology, Volvo says the XC90 SUVs are in fact compatible with Android Auto, and even work with technology in older vehicles.
The drivers allege Volvo's website is fraudulent concerning the subject of Sensus, but the automaker says even though there were technical issues in the beginning that created delays, nothing amounts to fraud. In addition, the automaker says any Android problems were being solved before owners filed their lawsuits.
The judge was also told how Volvo allegedly sent the plaintiffs letters which offered a fix for free, hinting at why the original plaintiff dropped out of his lawsuit.
According to Volvo, the two remaining plaintiffs have no case because their alleged problems are the same as the the original plaintiff alleged he had, and the offered remedy erases the current claims against the automaker.
The Volvo Sensus class action lawsuit was filed in the U.S. District Court for the District of New Jersey - Levine, et al., v. Volvo Cars of North America, LLC, et al.
The plaintiffs are represented by Lowey Dannenberg, and Shapiro Haber & Urmy.