Frequently Asked Questions
- What is this lawsuit about?
- What are the settlement benefits for Class Members?
- How can I obtain a copy of the Detailed Class Notice of Proposed Class Action Settlement, the Claim Form and Tax Assignment Form and/or the Settlement Agreement?
- How do I get the benefits of the extended warranty?
- What do I do if a dealer denies my warranty claim?
- How do I get reimbursed for repair or replacement?
- How do I exclude myself from this settlement?
- I submitted a claim that was denied before I received the Class Notice, can I resubmit it?
- Volvo has denied my reimbursement claim, is there anything I can do to challenge Volvo’s decision?
- I only received a partial reimbursement, is there anything I can do to challenge Volvo’s decision?
- What am I giving up in exchange for the settlement?
1. What is this lawsuit about?
In May 2004, the Plaintiffs in this case filed a class action lawsuit alleging that Volvo misrepresented or concealed problems with the electronic throttle module (“ETM”) in certain Volvo vehicles and had a "secret warranty" program to repair or replace ETMs in those vehicles. Volvo denies these allegations and stands behind and supports its vehicles. The Court has not made any determination about who is right or wrong. The purpose of this website is to advise you of a nationwide settlement of this class action lawsuit.
In November 2005, Volvo resolved an investigation with the California Air Resources Board (“CARB”) concerning the ETMs in certain Volvo vehicles, by providing an Extended Warranty on ETMs for 10 years or 200,000 miles from date of first use, whichever comes first, by providing a software upgrade, and by agreeing to reimburse current owners of these vehicles for having had to pay to repair or replace their ETMs.
This class action settlement builds upon the existing CARB settlement by, among other things, extending reimbursement rights to former owners and lessees of Class Vehicles who incurred ETM-related expenses; providing for reimbursement of towing and/or rental car expenses for those who have paid to repair or replace their ETM prior to receiving this Notice; allowing for Settlement Class members who do not have their original receipts to prove their claim for reimbursement via other methods (such as cancelled check or credit card statement submitted with declaration signed under penalty of perjury) and by providing for judicial oversight and enforcement of the settlement.
If you received notice of this settlement in the mail, you have been identified as someone who may be included in the class action. Class Members are people in the United States who currently own or lease one of the following Volvo vehicles or who previously owned or leased one of the following Volvo vehicles:
For model year 1999 through 2001, all Volvo vehicles except S40 and V40 models.
For model year 2002, S60 and S70 models with naturally aspirated (that is, non-turbo) engines.
Also for model year 2002, all C70 vehicles.
For more information about this settlement, please refer to the Detailed Class Notice.
2. What are the settlement benefits for Class Members?
The benefits include:
An extended ETM Warranty: the emissions warranty for the ETM in Class Vehicles is extended to 10 years or 200,000 miles from date of first use, whichever comes first.
The benefits also include reimbursement of ETM-related expenses: if you incurred expenses related to ETM repair or replacement at any time prior to August 25, 2008, you will be reimbursed for the cost of the following items: parts and labor to repair or replace the ETM; diagnostic charges that resulted in repair or replacement of the ETM; taxes paid on ETM-related servicing or replacement; and towing and rental car expenses (for a combined total of $50.00) related to each repair or replacement of an ETM. To receive reimbursement for taxes paid, you will need to execute and submit the Tax Assignment Form which is included with the Class Notice and the Claim Form.
More details about the settlement benefits are contained in the Detailed Class Notice.
3. How can I obtain a copy of the Detailed Class Notice of Proposed Class Action Settlement, the Claim Form and Tax Assignment Form and/or the Settlement Agreement?
To obtain a copy of the Detailed Class Notice of Proposed Class Action Settlement, the Claim Form and Tax Assignment Form and/or the Settlement Agreement in a PDF file, click here.
4. How do I get the benefits of the extended warranty?
If you notice that your vehicle experiences problems that you believe may be related to the ETM, take it to your local Volvo dealer. If your vehicle is covered by the Extended Warranty and the dealer determines that the problem is related to the ETM, the ETM will be repaired or replaced for free under the Extended Warranty. Your ETM may not be functioning properly if your “check engine light” or other driver warning messages illuminate, if you notice uneven engine idling, or your vehicle enters a condition known as “limp-home mode”, which restricts the speed at which you can drive your vehicle. Plaintiffs have also alleged that ETM failure can cause a vehicle engine to stall, hesitate, or accelerate unexpectedly. Volvo denies these allegations.
5. What do I do if a dealer denies my warranty claim?
If you believe your ETM Extended Warranty claim has been improperly denied, you may seek review by calling 1-800-283-0117, or by visiting www.acbpromotions.com/volvoETMWarranty, and filling out and submitting the form titled “Request for Review of Denied ETM Warranty Claim.”6. How do I get reimbursed for repair or replacement?
If you paid to repair or replace your ETM before August 25, 2008, you can ask for reimbursement in one of the following ways:
• If You Have Your Receipt for repairing or replacing the ETM: Mail a copy of the original receipt to Volvo at the address to follow, along with a copy of the Notice you received in the mail, or a copy of the letter advising you of the CARB settlement. If you have a copy of your original receipt, you do not need to submit a Claim Form. If you want to be reimbursed for taxes paid, you must include a completed Tax Assignment Form. If you do not have a copy of the Tax Assignment Form, it can be printed from this website by clicking here.
• If You Do Not Have Your Receipt for repairing or replacing your ETM: Mail a copy of the Claim Form, along with one of the following three things: a copy of the claim history report from the repairing dealer, or a copy of a dated canceled check or a copy of a dated credit-card receipt/statement. The Claim Form can be printed from this website by clicking here. The Claim Form contains a statement signed under penalty of perjury that the check or credit-card charge relates to an ETM repair or replacement. If you want to be reimbursed for taxes paid, you must include a completed Tax Assignment Form.
If you paid for towing or a rental car while your vehicle’s ETM was being repaired or replaced, you can ask for reimbursement (for a combined total of $50.00) related to the repair or replacement of the ETM in one of the following ways:
• If You Have Your Receipt for towing or obtaining a rental car: Mail a copy of the original receipt that clearly shows the date of rental/towing service, along with a copy of the Notice you received in the mail or a copy of the letter advising you of the CARB settlement. If you want to be reimbursed for taxes paid, you must include a completed Tax Assignment Form. If you do not have a copy of the Tax Assignment Form, it can be printed from this website by clicking here.
• If You Do Not Have Your Receipt for towing or a rental car: Mail a copy of the Claim Form, along with one of the following two things: a copy of a dated cancelled check or a copy of a dated credit card receipt/statement. The Claim Form can be printed from this website by clicking here. The Claim Form contains a statement signed under penalty of perjury that the towing and/or rental car charges were incurred in connection with the repair or replacement of the ETM. If you want to be reimbursed for taxes paid, you must include a completed Tax Assignment Form, a copy of which is included with the Notice you received in the mail and on the Claim Form.
Send all reimbursement requests to Volvo at the following address:
Volvo Parts & Services Warranty Rebates
c/o Advertising Checking Bureau
P.O. Box 343230
Memphis, TN 38184
If you have already been reimbursed for these expenses, you are not entitled to additional reimbursement.
7. How do I exclude myself from this settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the case of Trew, et al. v. Volvo Cars of North America, LLC. Be sure to also include: (1) your full name and current address; (2) year and model of vehicle; (3) approximate date of purchase or lease; (4) whether you still own or lease the vehicle; and (5) the VIN number of your vehicle if you still own or lease it. You must mail your exclusion request postmarked no later than September 19, 2008 to:
Trew v. Volvo Settlement Administrator
c/o Rosenthal & Company LLC
P.O. Box 6177
Novato, CA 94948-6177
8. I submitted a claim that was denied before I received the Class Notice, can I resubmit it?
If you submitted a claim for reimbursement prior to receiving the Notice, and that claim was denied in whole or in part, you may also resubmit that claim for reconsideration, if you have not already done so. You must resubmit your claim by February 4, 2009. If you were not provided a reason for the denial of your claim, you may simply resubmit your claim. If you were provided a reason for the denial of your claim, you must attempt to cure the problem and then you may resubmit your claim.
Additionally, if you believe your claim for reimbursement has been improperly denied or improperly calculated, you can register your complaint by calling Volvo’s customer service center Toll Free 1-800-283-0117.
9. Volvo has denied my reimbursement claim, is there anything I can do to challenge Volvo’s decision?
If you submitted a claim for reimbursement prior to receiving the Notice, and that claim was denied in whole or in part, you may also resubmit that claim for reconsideration, if you have not already done so. You must resubmit your claim on or before February 4, 2009. If you were provided a reason for the denial of your claim, you must attempt to cure the problem and then you may resubmit your claim.
Additionally, if you believe your claim for reimbursement has been improperly denied or improperly calculated, you can register your complaint by calling Toll Free 1-800-283-0117.
10. I only received a partial reimbursement, is there anything I can do to challenge Volvo’s decision?
If you submitted a claim for reimbursement prior to receiving the Notice, and that claim was denied in whole or in part, you may also resubmit that claim for reconsideration, if you have not already done so. You must resubmit your claim on or before February 4, 2009. If you were provided a reason for the denial of your claim, you must attempt to cure the problem and then you may resubmit your claim.
Additionally, if you believe your claim for reimbursement has been improperly denied or improperly calculated, you can register your complaint by calling Toll Free 1-800-283-0117.
11. What am I giving up in exchange for the settlement?
If you remain a Settlement Class Member and if the Settlement is approved by the Court, you will give up (or "release") your right to sue Volvo and certain other entities for claims involved in this lawsuit.
For the complete terms of the Release refer to the Detailed Class Notice page 3, section 9.