DETROIT--(BUSINESS WIRE)--More owners of General Motors (NYSE: GM) Duramax diesel trucks today filed an amended lawsuit against the automaker for allegedly installing an emissions cheating system in at least 705,000 2011-2016 Chevrolet Silverado and GMC Sierra vehicles, according to Hagens Berman, highlighting new details about the cheat and involvement of Bosch.
“This new complaint shows the big picture of the involvement Bosch has played in the dirty diesel scandal,” said Steve Berman, managing partner of Hagens Berman. “Bosch enabled more than 1.3 million cars in the U.S. to pollute at illegally high levels and supplied this software to GM, as well as Mercedes, Fiat Chrysler, Volkswagen and Audi, who then produced more than one million dirty diesels.”
According to the amended complaint, the illegally installed emissions-cheating devices allow these noncompliant diesel trucks to pass emissions tests, while in real world conditions the trucks emit 2 to 5 times the legal limits of deadly NOx pollutants, adding that results of driving on hilly roads shows 2 to 3 times the 200 mg standard. In temperatures higher than 86 degrees Fahrenheit, some emissions were as much as 3,893 mg per mile. The suit details the trucks’ illegally high levels of pollution in uphill, downhill and normal traffic driving conditions.
While GM denies the suit’s allegations, Berman says the same experts that revealed emissions cheating in Mercedes and Fiat Chrysler cars (and subsequently led to investigations by the EPA, DOJ and German authorities) have weighed in.
“We’ve brought this investigation to the same experts who confirmed the use of emissions cheating devices in Mercedes and Fiat Chrysler diesels, and they have come to the same conclusion about GM’s Duramax trucks,” he said.
If you own or lease a 2011-2016 Chevrolet Silverado Duramax diesel or a GMC Sierra Duramax diesel, you may be entitled to participate in the litigation involving this alleged fraud. Making these trucks EPA and CARB compliant, if possible, could increase the frequency of active regeneration cycles, and may reduce power, torque and fuel efficiency. Contact Hagens Berman to find out more about this issue and your consumer rights against GM.
The suit states that “GM’s unfair, unlawful, and deceptive conduct in designing, manufacturing, marketing, selling, and leasing the vehicle without proper emission controls” caused the proposed class of purchasers to suffer out-of-pocket loss, future attempted repairs and diminished value of the affected vehicles.
Collusion and Software Algorithms Revealed
The complaint highlights the alleged collusion among Bosch and GM behind the emissions cheat. According to the complaint, all Bosch Engine Control Units (ECUs) run on complex highly proprietary engine management software over which Bosch exerts near-total control. Design and implementation are interactive processes, requiring Bosch’s collaboration with the automaker throughout. In the affected Duramax trucks, the ECU 17 was used surreptitiously to evade emissions regulations, the suit says. Bosch and GM worked together to develop and implement a specific set of software algorithms to adjust fuel levels, exhaust gas recirculation, air pressure levels and urea injection rates.
The complaint, filed on Aug. 4, 2017, in the U.S. District Court for the Eastern District of Michigan (Detroit) states that GM in its advertising promised consumers that its engineers had accomplished a “remarkable reduction of diesel emissions.” But the suit alleges rather than a remarkable reduction during on-road testing these diesel trucks pollute at levels well beyond legal limits, many times higher than their gasoline counterparts, and far in excess of what reasonable consumers would expect.
“Consumers purchased these Duramax trucks under the false belief that they were compliant with EPA emissions regulations based on the advertisements and lip service from GM. They were completely unaware of the collusion and painstakingly detailed deception taking place behind the curtain,” Berman said. “GM touted the fuel efficiency, performance and power of these trucks, but had GM told the full story of its scheme with Bosch, consumers either would have paid far less for them or would have walked off the lot altogether.”
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.