GM Silverado Class Action Litigation
Girard Gibbs LLP filed a class action lawsuit in Los Angeles County Superior Court on behalf of all California owners and lessees of 1999-2003 model year Chevrolet Silverados equipped with 4.8, 5.3, 6.0 or 8.1 liter engines.
This lawsuit alleges that General Motors Corporation (“GM”) has a secret “Engine Knock Noise Adjustment Program” that provides a free General Motors Protection Plan (“GMPP”), extended warranty, or other valuable benefits to some, but not all, owners and lessees of these Silverado models who complain about an engine knock condition in their vehicles.
Consumers describe the engine knock as “piston slap,” “piston noise,” “cold engine knock,” “rough idle,” “piston skirt slap,” “piston noise,” “cold start engine piston slap,” “cold piston slap,” “cold piston knock,” “piston slapping noise,” “tapping,” “ticking,” “slapping,” “pinging,” “rattling,” “vibrating,” “carbon in the piston,” “sounding like a diesel engine,” or “engine knock condition prevalent in Chevy trucks.” This class action lawsuit contends that GM’s policy not to tell all California owners and lessees of Silverado vehicles with engine knock that they may be eligible to receive a free GMPP, extended warranty or other valuable benefit violates California’s “secret warranty” and consumer protection laws.
Click here to view and print a copy of the Court’s Notice of Pendency of Class Action.
Certified California Class Action
The Los Angeles County Superior Court has certified the lawsuit as a class action on behalf of the following California class:
All California owners and lessees of 1999-2003 Chevrolet Silverados equipped with 4.8L, 5.3L, 6.0L or 8.1L engines who
(1) Have an engine “knock, ping or slap” noise in their vehicles; AND
(2) Were not given notice of the condition giving rise to or the terms and conditions of GM’s Engine Knock Noise Adjustment Program.
If you live in California, own or lease one or more of these vehicles, have a knock, ping or slap noise in your engine, and did not receive prior notice of GM’s alleged Engine Knock Noise Adjustment Program, you are part of the Class, unless you exclude yourself.
Notice of Pendency of Class Action
The Court has ordered that a Notice of Pendency of Class Action be mailed to the approximately 240,000 owners and lessees in California who own or lease a 1999-2003 model year Silverado vehicle equipped with a 4.8, 5.3 6.0 or 8.1. liter engine.
Click here to view and print a copy of the Court’s Notice of Pendency of Class Action.
It is possible that you may receive a copy of the Notice even if you do not have an engine “knock, ping or slap” noise in your vehicle.
Important Deadlines And Information
Please read the Court’s Notice of Pendency of Class Action carefully. If you are a member of the Class, the Notice explains your rights and options.
You do not have to do anything if you want to remain in the Class or you don’t fall within the Class definition. If you fall within the Class definition, but do not want to part of this lawsuit, you must mail a letter, postmarked by no later than August 15, 2007, excluding yourself from the Class. The Notice explains what your letter should say if want to exclude yourself from the Class.
Frequently Asked Questions & Responses about the Silverado Lawsuit:
1. Why did I receive this Notice?
2. How do I know if I have an "engine knock, ping or slap" noise in my vehicle?
3. What is the class action litigation about?
4. If I own or lease one of the Silverado trucks identified in the Notice and I have an "engine knock, ping or slap" noise in my Silverado, what are my legal rights?
5. If I am a Class Member, do I have to do anything to remain in the Class?
6. If I am a Class Member and I do not want to participate in the litigation, what should I do?
7. I own or lease one of the Silverado trucks identified in the Notice, but I don’t have this problem – do I need to do anything?
1. Why did I receive this Notice?
The Notice was sent to all California owners and lessees of 1999-2003 model year Silverado vehicles equipped with 4.8L, 5.3L, 6.0L or 8.1L engines, as identified by sale and vehicle registration records obtained by General Motors. You may have received this Notice even if you do not have an "engine, ping or slap" noise in your vehicle.
The purpose of this Notice is to inform you, as a potential Class Member, of a pending class action lawsuit that involves claims that General Motors has an "Engine Knock Noise Adjustment Program" that provides subject Silverado owners and lessees with an extended warranty, GM Protection Plan ("GMPP"), or other benefits for free when they complain of engine "knock, ping or slap" noise, and alleges that General Motors failed to tell Silverado owners and lessees that they may be eligible to receive benefits under this program in violation of California law.
If you own or lease one or more 1999-2003 model Silverado vehicles equipped with a 4.8L, 5.3L, 6.0L or 8.1L engine, have an engine "knock, ping, or slap" noise in your vehicle, and were not given notice of the condition giving rise to or the terms and conditions of GM’s Engine Knock Noise Adjustment Program, you are a Class member in the litigation. The Notice tells you of your legal rights and options as a Class member.
2. How do I know if I have an "engine knock, ping or slap" noise in my vehicle?
Your vehicle may have an engine "knock, ping, or slap" noise if you or your service technician hears or has heard a knock, ping, slap, tapping or ticking sound in your engine. The sound may go away after the engine warms up.
3. What is the class action litigation about?
This class action lawsuit is brought by Plaintiff Jason Anderson against General Motors Corporation ("GM"). The lawsuit claims that:
- GM has an "Engine Knock Noise Adjustment Program" that provides subject Silverado owners and lessees with an extended warranty, GM Protection Plan ("GMPP"), or other benefits for free when they complain of engine "knock, ping or slap" noise.
- GM failed to tell all owners and lessees of the subject vehicles that they might be eligible to participate in the alleged Adjustment Program.
- GM’s conduct violates California’s “Secret Warranty” Law, Cal. Civ. Code § 1795.90 et seq., and the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.
GM denies these claims, and contends that it lawfully assisted a small percentage of Silverado owners and lessees whose trucks may make a particular type of engine knock noise at cold start-up that goes away within a few seconds. GM contends this type of noise has no adverse effect on the durability, reliability or performance of the engine. GM contends it has given assistance in the form of free GMPPs or other goodwill measures to promote customer satisfaction, and that its goodwill measures do not constitute a "secret warranty" or "adjustment program" under California law.
The Court has made no determination whether Plaintiff’s or GM’s contentions are correct. This Notice you received is not an expression by the Court of any opinion or wrongdoing.
4. If I own or lease one of the Silverado trucks identified in the Notice and I have an "engine knock, ping or slap" noise in my Silverado, what are my legal rights?
If you are a member of the Class, you have the following rights and options:
- Do Nothing- You will be a part of this lawsuit, and will be obligated to accept the outcome of the case whatever it may be;
- Stay in the class but get your own lawyer- You will be a part of this lawsuit but may hire your own lawyer at your own expense;
- Exclude yourself- This is your only option if you do not want to be a part of this lawsuit or if you want to bring your own lawsuit against GM at your own expense.
5. If I am a Class Member, do I have to do anything to remain in the Class?
No, to remain in the class you do not have to do anything. There are no forms to fill out at this time. By doing nothing, you will be part of this lawsuit and must accept the outcome of this case whether it is in favor of the Plaintiff Jason Anderson and Class or GM. You will not be asked to and you do not have to pay for the attorneys who represent Mr. Anderson and the Class in this action.
6. If I am a Class Member and I do not want to participate in the litigation, what should I do?
To exclude yourself from the Class, you will need to mail a letter saying you want to exclude yourself from this lawsuit, In Re General Motors Cases (Anderson), Case No. JCCP 4396. Your letter must be postmarked no later than August 15, 2007, and should include:
- Your full name and address.
- Your Vehicle Identification Number or VIN.
- Your signature.
Mail your letter to: Silverado Class Action Litigation, c/o Girard Gibbs LLP, 601 California Street, 14th Floor, San Francisco, CA 94108.
Deadline: AUGUST 15, 2007. Your letter requesting exclusion from the Class MUST be postmarked by this date.
7. I own or lease one of the Silverado trucks identified in the Notice, but I don’t have this problem – do I need to do anything?
No. Not everyone who receives the Notice will have an engine knock, ping or slap noise in the vehicle.
The Notice was sent to all California owners and lessees of 1999-2003 model year Silverado vehicles equipped with 4.8L, 5.3L, 6.0L or 8.1L engines, as identified by sale and vehicle registration records obtained by General Motors.
You may have received this Notice even if you do not have an "engine, ping or slap" noise in your vehicle.
If you would like to receive updates concerning the status of the case or for further inquiries, you may contact us at silverado@girardgibbs.com.
TO RECEIVE UPDATES ON THE STATUS OF THIS CASE, OR FOR ADDITIONAL INQUIRIES:
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Please contact us via email at silverado@girardgibbs.com.