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GM 2011-2016 Chevrolet Silverado 2500 & 3500 Duramax Diesel and GMC Sierra 2500 & 3500 Duramax Diesel Emissions Defeat Device Canadian Class Action

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CONSUMER LAW GROUP has launched a class action lawsuit in Quebec against General Motors relating to the use of defeat devices on its heavy-duty diesel power vehicles.

The trucks involved are:

- Chevy Silverado 2500 & 3500 Duramax Diesel (model years 2011, 2012, 2013, 2014, 2015, & 2016)
- GMC Sierra 2500 & 3500 Duramax Diesel (model years 2011, 2012, 2013, 2014, 2015, & 2016)

The proposed class action is based on allegations that the automaker sold vehicles equipped with an emissions system that during normal driving conditions emits many multiples of the allowed level of pollutants such as nitrogen oxides (NOx), despite the vehicles being marketed as eco-friendly.

To appeal to environmentally conscious consumers, General Motors markets its Silverado and Sierra HD vehicles by stating that its Duramax engines turned “heavy diesel fuel into a fine mist,” delivering “low emissions” that were a “whopping reduction” compared to the prior model and at the same time produced a vehicle with “great power.” GM claimed its engineers had accomplished a “remarkable reduction of diesel emissions.” It is alleged that these representations are deceptive and false.

GM charges a premium of approximately $5,000 for diesel-equipped vehicles over comparable gas vehicles. It is estimated that in Canada there are approximately 70,000 model year 2011-2016 Chevrolet Silverado 2500HD/ 3500HD and GMC Sierra 2500HD/ 3500HD on the road.

A class action lawsuit filed in the U.S. claims that testing has revealed that the GM Sierra and Silverado models emit levels of NOx many times higher than (i) their gasoline counterparts, (ii) what a reasonable consumer would expect, (iii) the Environmental Protection Agency’s maximum standards, and (iv) the levels set for the vehicles to obtain a certificate of compliance that allows them to be sold in Canada.

More specifically, the complaint is that there are 3 defeat devices affecting the trucks. GM Defeat Device No. 1 reduces or derates the emissions system when temperatures are above the emissions certification test range (86°F). GM Defeat Device No. 2 operates to reduce emissions control when temperatures are below the emissions certification low temperature range (68°F). Testing reveals that at temperatures below 68°F (the lower limit of the certification test temperature), stop and go emissions are 2.1 times the emissions standard at 428 mg/mile (the standard is 200 mg/mile). At temperatures above 86°F, stop and go emissions are an average of 2.4 times the standard with some emissions as high as 5.8 times the standard. GM Defeat Device No. 3, which reduces the level of emissions controls after 200-500 seconds of steady speed operation in all temperature windows, causing emissions to increase on average of a factor of 4.5. It is estimated that due to the temperature-triggered defeat devices, the vehicles operate at 65-70% of their miles driven with emissions that are 2.1 to 5.8 times the standard.

Consumers have suffered damages as a result of their purchases of these vehicles, including but not limited to: (a) a high premium for the Duramax diesel engine compared to what they would have paid for a gas-powered engine, (b) out-of-pocket losses and future attempted repairs, (c) future additional fuel costs, (d) decreased performance of the vehicles, and (e) diminished value of the vehicles.

If you or someone you know is or was an owner or lessee of a Chevy Silverado 2500 & 3500 Duramax Diesel (model years 2011, 2012, 2013, 2014, 2015, & 2016) or a GMC Sierra 2500 & 3500 Duramax Diesel (model years 2011, 2012, 2013, 2014, 2015, & 2016) anywhere in Canada, Ontario, or Quebec and you wish more information on potential compensation or to be kept advised of the status of the GM 2011-2016 Chevrolet Silverado 2500 & 3500 Duramax Diesel and GMC Sierra 2500 & 3500 Duramax Diesel Emissions Defeat Device Canadian Class Action litigation or any resulting compensation from this lawsuit, please provide your contact information to our law firm using the form below.

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Class Action: GM 2011-2016 Chevrolet Silverado 2500 & 3500 Duramax Diesel and GMC Sierra 2500 & 3500 Duramax Diesel Emissions Defeat Device Canadian Class Action
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