: Overheating Class Action Law Suit
cadent45 07-18-2005, 01:10 AM For those of us that are having overheating issues and have an interest in legally pursuing this against GM in a possible class action law suit, I will be contacting the law firm of Krohan and Moss that was recommended by dwrat, as shown below.
This firm is also currently being retained by RickDLance in another issue that he can not talk about at this time.
Originally Posted by dwrat
Here is a linc to the law firm that has nailed GM on the gas motor tic that most all gm gassers have. There is also a freecase review there.
http://www.krohnandmoss.com/ (http://www.krohnandmoss.com/)
http://www.yourlemonlawrights.com/co...tml#Get-Lawyer (http://www.yourlemonlawrights.com/co...tml#Get-Lawyer)
dwrat 07-18-2005, 01:26 AM You can count me in on this, I just wish G.M. would take care of the very well known problem without legal action. Wait a second, they keep telling me they know nothing about it.
Dan
RickDLance 07-18-2005, 01:56 AM And of course I will be in on it.
XR-Freak 07-18-2005, 03:33 AM I added something to this regaurd in my last post in "OVERHEATING" we should definitely come together.
lawdogso 07-18-2005, 01:19 PM Count me in as well. I am sick of this stuff.
shawnrans 07-18-2005, 01:36 PM I'm in!!! Took my first trip this past weekend pulling my FW toy hauler 15000# and boy did my truck hit 240 in short order!! Not happy!!!Censored
cadent45 07-18-2005, 03:40 PM I wanted to repost something I added in the older overheating thread, please excuse the duplication, I am not sure everyone is following all the great suggestions all of the hard working members are working on. I too have benefited from some of the suggestions made, but the root of the problem is still out there.
I too am not looking forward to a fight against GM or exposing this defect that our trucks have. But let’s be clear, unless any or all of want to switch brands and sell our trucks I firmly believe we must force GM to resolve this. They have the absolute means and equipment to get a complete and full resolution of this. No disrespect intended to anyone that has been working very hard to get this done, but only a manufacturer has all the required R&D, wind tunnels, blue prints, etc., to this product to make a decisive and complete repair of this issue.
Market conditions on resale will always fluctuate with any product, just as they are now with $10k discounts on new models. How much do you think these trucks are worth when you can get a new one with that type of discount? With a complete repair of this issue any temporary loss in value will quickly rebound once a resolution is made. If for some reason a resolution of this issue is not available, then our trucks will go the way of the Ford Edsel, the Audi 5000, and countless others. If that is the case then a class action law suit is the only remedy.
Let’s face it, the difference between a good company and bad company is how they react to their customer’s needs. The proactive company comes out of just about any dilemma, but the reactionary company’s die by their own deeds.
Finally, I want to be clear, other than this issue I do not want another brand of truck, I love this truck, other than this issue. I have gone through one buy back, and it was the first one of my life, and I do not want to go through another one. We all spent nearly $50k for these pickup trucks, and we need to be made whole!
I have messages for both the law firm that was recommended and I also left a message for Lee Thompson at Dateline NBC. In one week if Dateline does not contact me or any of us, I will try another network. Any and all local consumer reporters both print and media should have an interest in this. For those of us in various parts of this great country, I recommend highly that you contact these people and try to get their interest; I will continue to do the same. Magazines may or may not be responsive, as their only source of income comes from the manufacturers.
Oilbrnr 07-18-2005, 04:18 PM I'm in.
Kendall69 07-18-2005, 04:30 PM I purchased this truck to do one thing, haul a camper, and it can't even do that without over heating - I'm in with both feet.
One thing to add is, that this has now become a safty issue. Had this truck gone down in 120 degree temps, with my baby in the truck in the middle of the desert, and no help to be found, I wouldn't be here typing.
As it was I had to come 200 miles in the blazing heat with the air off to keep the temps down - NOT FUN.
Mike330R 07-18-2005, 04:48 PM I'm in. Hope they don't treat people with less than stock trucks differently than a bone stock truck.
What do people need to do to be part of this? What exaclty will be involved for each person?
cadent45 07-18-2005, 04:57 PM Not sure yet. As soon as I make contact with either the attorney or the media I will send out PM's to have them contact each of us or send out the info for each of us to contact them. But all of us should contact local print and air media to get some interest in this. No one has died over this issue, so it may be difficult to get the media's attention at first, but if enough of us call or write them they will see the scope of this issue.
habanero 07-18-2005, 05:13 PM I am not sure NBC was the best place to go. After their last run-in with GM they probably aren't in a hurry to go after them again. Of course, maybe they are....
cit1991 07-18-2005, 07:53 PM A shot of a a rich guy with a $50k truck pulling a $30k horse trailer, puking coolant, is not as telegenic as a poor farmer's truck exploding with the help of two model-rocket engines.
cadent45 07-18-2005, 07:58 PM NBC seems to like automobile related stories, such as their constantly showing IIHS crash tests. I'm hoping they may want to redeem themselves on their last GM story.
Kendall69 07-18-2005, 08:23 PM I have a feeling as soon as GM knows you will be talking to the media, they will wake up and smell the frappaccino.
TxChristopher 07-18-2005, 08:30 PM I can already tell you the two GM people I talked to on the phone today did not want us going to the media or a lawsuit.
Only after I starting talking of those things, saying we were fed up and tired of BS string alongs waiting for a fix did the powertrain guy give me the name and number to the engineering group lady to talk to. She was suprised by the whole thing, and after I walked her through this website on the phone and she got a taste of these threads including my overheat poll, she assured me they will get on it, but I told her we have to have definitive action by GM or we press on trying to force GM to make this right with media and legal action if need be.
She claims she will get back with me very soon with input, but I told her time is running short and the movement is on to blow it up with the media etc etc.
We shall see. If she doesn't come with positive things or put me in touch with someone who can, then all efforts will then go towards media exposure via TV and magazines or whatever other means I can bring to bear.
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cadent45 07-18-2005, 09:43 PM I have no problem giving them some time, and I really appreicate your efforts on this too. I'll hold off on my part, but we should establish some sort of reasonable time frame.
TxChristopher 07-18-2005, 10:05 PM Reasonable to me has grown very short. We have to load our guns for the shootout if need be. I want to hear from somone of authority or see evidence of some definitive action by GM by the end of this week, for sure by the end of the month.
A fix by GM is still the best solution for all involved, but they need to get with it now because the battle lines are clearly drawn and we deserve better than what they have given to this point.
I do know she was here, I saw her login name on the threads as I walked her through it. It is a lot of info to take in but nobody can begine to argue with the 40% figures that the poll is generating on a consistent basis. Thats powerful data there.
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noproblem 07-18-2005, 10:05 PM Just curious, what if anything is going to the media or a class action lawsuit going to get anyone? I read this thread only to be informed, what I think I read is these trucks are overheating either pulling heavy loads, or in extreme heat conditions. I am sure that the way these trucks are driven and the conditions they are driven in have nothing to do with overheating. It is all shotty manufacturing. I personally have 2 dmaxs, I had the choice of which truck to buy as did each you and I chose the obvious. I am no engineer, or mechanic but everything is going to have problems at some point what matters is how we address the problems. As was stated earlier on this post we all paid 50k for these trucks, why would we want to SUE gm or go to the media just costing more money for everybody, The only person that wins in this type of lawsuits are the already overpaid attorneys... It is a shame that a business has to be sued for a faulty product when I bet atleast 60% of these trucks are not running at GM specs. I am not bashing any persons thoughts in here but I think some of the problems that are happening to these trucks are our fault not GM's. Again sorry if I offended anyone but this is just my opinion. Drive safe
JJs DuMax 07-18-2005, 10:18 PM No problem noproblem! Couldn't help myself. :D
Obviously there will be those that agree with your statement and those that disagree. Guess which ones will disagree: yea the overheaters.;) One thing your post did bring to mind is we likely need to obtain some legal advice before starting down this path in order to make an educated, unemotional decision as to which path to pursue. :confused:
We have lots of mechanics, back yard mechanics, and wanna be lawyers on the DP. Any lawyer out there willing to give us some sage advice and counsel. JJ :)
8shot 07-18-2005, 10:22 PM Go get'em boys. I hope i do not have to join ya.
Wallbanger 07-18-2005, 10:35 PM I'm in send a pm my way and I'll be happy to participate. I have never pulled over the ratings of my truck or modified in any way
huntsalot 07-19-2005, 03:23 AM I think you all know im in. My truck runs over 210 right now not towing anything. Fan runs all the time. I am so tired of hearing HMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMM
Pwdr Extreme 07-19-2005, 11:26 AM Am I the only one that thinks GM will identify the persons on these threads who want their truck fixed, then search other threads with that username, or for that matter just look at our signatures, and see how a lot of us have modified our trucks? Isn't anybody worried about GM voiding our warranty because of the modifications? YA YA, I know all about the Magnesun Moss act etc. truth be told it comes down to who has the better attorney. I, for one, don't have nearly as deep of pockets as the General.
I'm just thinking if GM knows they're facing a possible lawsuit and bad press, don't you think they would apply some pressure of thier own? I know I would...
Just my $.02
ochster 07-19-2005, 11:27 AM I say move forward with the suit and provide us some contact info for a registry. Watching a $40K truck sit in the driveway and continue to depeciate is infuriating and obviously not a concern to a GM. We showed our loyalty when making our purchase decision. I have not taken my truck in to the dealer for this issue as it would create a evidence trail for further biased depreciation. Many of us have purchased several of these trucks already.
I'm certainly in as well. I can easily overheat mine under a 10K lb. load and constantly run at or slightly above 210 under normal condition with no load. My LB7 was a far better tow rig, and both have been left stock.
Kendall69 07-19-2005, 11:58 AM Here's your proof - BONE stock 1000 miles and over heats. That means all oridinal fluids, equipment etc. right off the lot and it does not do as advertised. We all have seen the commercial with the 3500 towing heavy construction equipment up a steep grade - where in Alaska in the fall?
My05duramax 07-19-2005, 05:48 PM Maybe thats is why GM didn't think they had a big problem to begin with. If someone was having overheating problems the first thing you should do is go the dealer. The more people they have coming in and complaing about it the sooner they would open their eyes. I just don't think GM you would slit there own throats by building a truck that overheats. There truck market is probably the one thing that keeps the company afloat. I know people think hey they got there money thats all there worried about, but I think GM is smarter then that. I really think that once it's all said and done it will end up being something simple that was over looked. I'm not trying to raise tempers just puting in what I think
TxChristopher 07-19-2005, 05:58 PM I wanna see how GM identifies a guy named Pwdr Extreme in Bozeman, MT.
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oteo125 07-19-2005, 06:00 PM another stock truck here that overheats pulling a fifth wheel that weights 12000. count me in.
TxChristopher 07-19-2005, 06:02 PM Don't forget about the government angle. At a 40% failure rate I am sure the government will force a recall. Which agency is responsible for that? NHTSA?
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noproblem 07-19-2005, 06:08 PM I took my 05 into the dealer today for an un related issue. (rattle under back window)I told the writer what I read on this post. He said that he has read something about the problem at GM. He told me that he would note my vin number as truck with a overheating problem (even though it does not). They will get this fixed but a lawsuit will not speed anything up. As above mentioned if they know there is a problem it can be fixed, until they know how will they know to fix it? Develop a relationhip with a service writer and they will take care of you. I have taken my 03 in for different issues out of warrany and have paid not a dime for any repairs they have made.
Deadeye 07-19-2005, 06:20 PM I guess I am lucky I don't have an LLY, but I still get "overheated" every time I deal with a $stealer :rippedhan
If I could, I would jump in also. I wish you all VICTORY :smashfrea
cadent45 07-19-2005, 07:17 PM Don't forget about the government angle. At a 40% failure rate I am sure the government will force a recall. Which agency is responsible for that? NHTSA?
.
You are correct NHTSA is the agency that this needs to be reported to. I made a report last year when my 04.5 was overheating, and I never heard anything back from. I highly encourge all of you experiencing this problem to file a complaint with this goverment agency and then follow up at a later date to verifiy they are investigating.
Here is their web site; http://www.nhtsa.dot.gov/
cadent45 07-19-2005, 07:23 PM I took my 05 into the dealer today for an un related issue. (rattle under back window)I told the writer what I read on this post. He said that he has read something about the problem at GM. He told me that he would note my vin number as truck with a overheating problem (even though it does not). They will get this fixed but a lawsuit will not speed anything up. As above mentioned if they know there is a problem it can be fixed, until they know how will they know to fix it? Develop a relationhip with a service writer and they will take care of you. I have taken my 03 in for different issues out of warrany and have paid not a dime for any repairs they have made.
A lawsuit may not speed up a remedy to this dilemma, but bad press will!! Any business, the general included does not like bad press. The sooner we can bring this to a national level, the sooner GM will be motivated to resolve this. Remember, GM has the technology and know how to resolve this once and for all and that is my goal. I don't want money or another truck, I want this fixed!!!!!!
cadent45 07-19-2005, 07:27 PM This is a better link to file a complaint with NHTSA;
http://www-odi.nhtsa.dot.gov/cars/problems/recalls/recallsearch.cfm
ochster 07-19-2005, 09:56 PM If someone was having overheating problems the first thing you should do is go the dealer. The more people they have coming in and complaing about it the sooner they would open their eyes. I just don't think GM you would slit there own throats by building a truck that overheats.
Having owned 7 full sized GM products I have seen plenty. More often than not it takes a full court press to bring them around. There recent marketing tactics this time around will mean a big financial hit. There recent history dealer politics have made dealing with my "local" desirable dealer impossible. I'm not about to let some dealer practice on my rig and make it worse. If they do not step up, the replacement wont be GM.
AZ Vic 07-20-2005, 02:46 AM I wanna see how GM identifies a guy named Pwdr Extreme in Bozeman, MT.
.
):h LOL
Pwdr Extreme 07-20-2005, 09:43 AM Well for starters, and this took all of about 30 seconds. How many guys live in Queen Creek, AZ, born July 8, 1978, who are named Vic just recently purchased a new Duramax?
I realize you may not have your new truck yet, but obviously would have it if you were in complaining about the overheat issue.....
It's not that tough....
Hey, out of curiosity (I just joined the site) what does everyone define as "Overheating"?
LJD
JJs DuMax 07-20-2005, 08:47 PM Hey, out of curiosity (I just joined the site) what does everyone define as "Overheating"?
Now there's a question for you'z guys! ):h I've posted my thoughts already on other threads, anxious to see if there is any concensus on the DP. ;) Standing by. JJ :)
I talk to an attorney today. I was surprised what i found out. He informed me that I have 18 month or 18,000 mile for the lemon law. After that, You are out of luck. He thinks gm is trying to wait it out so you go over the miles or the time frame.
blizzardplowman 07-20-2005, 09:19 PM Mine (OH) My 50K trucks inability to do the same work as my 40K 01 without ringing all kinds of bells and such. 235+ is too hot, not to mention the loos of power.-:t
ochster 07-20-2005, 10:20 PM I'm not concerned about defining "overheating". I have had two of these trucks both a LB7 and a LLY. Both have been driven with the same load and over the same routes across the country. Comparatively speaking, the LLY and the transmission run hotter. The LLY fuel economy is worse, by several miles per gallon. The LLY fan spends more time cycling and the engine power noticable drops on the LLY in comparison to the LB7. After 25 years of driving long distances with loads, and learning to drive with in limits of your equiptment, one has to make decisions or be ready to "possibly" suffer consequences. Those decisions are based on personal experiences, mechanical knowledge, perceptions, and all evidence from gauges, smells, feels, etc.
I did not buy a "kit" and have no intentions of pushing this rig until it suffers a catastrophic condition. I need it to perform in a manner I feel safe with, not run at 230-240 deg. in mild conditions. I expect a break in period, and to be able to use the truck for the reason it was purchased.
GM is aware of the issues. Not being forthright and working on this problem through dealers in a timely manner is an avoidance of the situation. I dont consider it worth my time or cost to continue owning something that will not function as needed and simply loses money.
While a large part of the buying population will entertain the discussions on these forums, an equally large part does not. They simply sit back and educate themselves the best they can. Then when the times comes they make a decision, Quietly. I am often aproached (like many I'm sure) when I'm under load and fueling up, about the truck and its behavior. I do think GM builds a good vehicle for the money, I unfortunatley believe these kinds of scenarios typically play out bad for the consumer, thus I'm watching and may decide to cut my losses.
killerbee 07-26-2005, 09:31 AM please help out in this new POLL (http://www.dieselplace.com/forum/showthread.php?t=38875)
jameskvw 08-04-2005, 03:10 PM Just took my first trip / Pulling a 32.5 FW about 12000 Pounds.
Temp gauge went to red / only 99 Degrees out-side, pulling grade out of Las Vegas Mtn. pass from stat-line. Took to chevy dealer, advised me that GM is aware of this problem. 3500 CREW LONG-BED 4X4.
The dealer ordered a custom radiator built by Ron Davis Racing Radiators,a different air cleaner housing that will pull cooler air from the outside rather than the hot air from the engine compartment. the air cleaner in for the HD gas engine model. They also are installing a different Hood made by TSI
this will release the hot air from the engine compartement. Go see your local dealers they shoud have the info for these attempts to fix a serious problem.
Gm is paying for all of these repairs under warranty. The repairs should be done in about 3 weeks, will give an up-date if these attempts repair my truck.....JK
carhauler 08-04-2005, 03:24 PM Jameskvw: Check your PM and email
NOTNSUV 08-04-2005, 03:56 PM Now that's interesting!
I've had not heat problems pulling at 6-7000' and 100+ temps but only about 6000#. I'll be keeping a close eye on this one about GM replacing radiator and such. Please keep us up to date (as you said you will).
Thanks
AZMAX 08-04-2005, 04:27 PM count me in. I called the dealer yesterday and still no info.
Mike330R 08-10-2005, 10:11 PM jamesskvw-please keep us updated!!
those radiators are very popular in the desert toyus.
I even called them a while back and asked about one for my truck. I can't afford the 700 or so for it.
Mike330R 08-10-2005, 10:20 PM BTW: is there an update for the suit?
Is it going to happen? Will lifted trucks be able to be included?
nils888 08-10-2005, 10:35 PM Just took my first trip / Pulling a 32.5 FW about 12000 Pounds.
Temp gauge went to red / only 99 Degrees out-side, pulling grade out of Las Vegas Mtn. pass from stat-line. Took to chevy dealer, advised me that GM is aware of this problem. 3500 CREW LONG-BED 4X4.
The dealer ordered a custom radiator built by Ron Davis Racing Radiators,a different air cleaner housing that will pull cooler air from the outside rather than the hot air from the engine compartment. the air cleaner in for the HD gas engine model. They also are installing a different Hood made by TSI
this will release the hot air from the engine compartement. Go see your local dealers they shoud have the info for these attempts to fix a serious problem.
Gm is paying for all of these repairs under warranty. The repairs should be done in about 3 weeks, will give an up-date if these attempts repair my truck.....JK
I got my truck back from the dealer to day. I was told there are no over heat issues.
nils888 08-10-2005, 10:57 PM If this law suit is happening. PM. Me
ochster 08-11-2005, 12:26 AM These trucks are being baught back or swapped. Get your documentation in order and contact a lemon law attorney. The squeeky wheel will always get the grease. GM will never step up for this and will only aknowledge those that are tenacious. Remember, they are trying to give the illusion they get to determine what "overheating" is, do not buy it, it is smoke and mirrors to buy time.
davedan 08-14-2005, 08:53 PM Saw a site on the updates for 06 DMAX and on the list was a different radiator,shroud,waterpump and other cooling components, they are aware of the issue but I dont think the complaints are coming in as often as some would prefer. I know atleast 15 LLY owners and they have no problems, all have been worked at many levels, some even overloaded and all have no issues, some are stock and some are out of control. I currently have no issues pulling 12000 lb toy hauler in 105 degree heat, yes the fan clutch comes in when it is supposed to but the engine does not continue to climb. I have every mod in the book other than propane, hope i dont have any of these issues. Good luck guys.
cdowns1 08-14-2005, 09:14 PM My LB7 03 runs a little warm when I pull 16,000 up a 6 o7 percent grade, never hot and my 04.5 LLY has never gotten hot pulling the same trailer from Texas to Colorado. Sounds like I got lucky.
meterman 08-16-2005, 01:16 AM my lly gets hot!! my lb7 never did pulling the same trailer.i wish i still had my lb7.... someone stole it so i bought a lly.(what a hunk a crap)!less than 1000 miles and its falling apart and feels like less power, and runs hot and i have to listen to that dam fan ......Censored
shawnrans 08-16-2005, 01:44 AM my lly gets hot!! my lb7 never did pulling the same trailer.i wish i still had my lb7.... someone stole it so i bought a lly.(what a hunk a crap)!less than 1000 miles and its falling apart and feels like less power, and runs hot and i have to listen to that dam fan ......CensoredHey meterman go to this link and file a complaint http://www.nhtsa.dot.gov/ like posted before the more that complain, the more likely GM will do something!
rackerman 08-19-2005, 04:00 PM Seeking help on the over heating problem and no response from GM??
Please don't laugh, but has anyone contacted Raph Nader or Joan Claybrook??
She was formerly head of NHTSA and has much clout against vehicle industry.
They are both publicity seekers and this would give them a new campaign.
RickDLance 08-19-2005, 04:10 PM If you guys like your trucks, the modifications we have come up with will help a bunch and cost very little. If GM does come up with a fix ours are easy to remove.
I agree GM will attempt to sweep this under the carpet. I guess its up to each individual. You can fix it yourself, or fight GM for what they should have done to start with! Good luck either way.
ochster 08-19-2005, 06:54 PM Unless GM steps up, you will see the resale value on the LLY drop comparatively. That can be a big pill to swallow on a 40K truck. Truth is GM could care less and will continue hiding.
shawnrans 08-19-2005, 07:17 PM Got the call from the dealer today. GM did say that there is in fact an issue with the heating problem. However, they DO NOT have a fix for
it and they will be working on it. The fix could take several months.
I told the service writer "you know where this is going don't you?".
He answered "yeah". knowing full well it's heading for a buy back. This is not the way I wanted it to go down but I am not going to attempt a fix myself and run the risk of voiding my warranty in any way.
den.riddenesq@verizon.net 08-19-2005, 10:10 PM Guys. My 05 2500 4x4 runs at 210 as well, climbing the grapvine in CA, it reached 235 pulling a 34ft at 1400lbs.My fan runs a lot as well.
Den.
Bodine 08-19-2005, 11:37 PM Mine is a documented overheater with GM and has been in the shop numerous times. I finally got the dealer to admit I am NOT the only one. Other than that, not much progress. I just keep racking up the rental car bills on GM.
Count me in !
blizzardplowman 08-20-2005, 08:24 AM Guys- you get more with sugar than ****, mine is a hot one- I have a verbal offer and will get the offical one on Monday, So far other than proving I was under GCWR its been painless. The only fly in the soup is who is paying to swap the mods (wheels, nerfs, hitch), not that it won't be worked out just who is paying, they told me to order my new truck and get them a order #. I have 1 05 thats hot and 1 thats fine.
killerbee 08-20-2005, 08:59 AM It doesn't apear as though there is any real organized legal attempt here. Just as well. A law suit would probably fall on its face, since I haven't seen one example of "damages" normally needed for attorneys to get rich. But I'm not an expert.
One sure thing that full exposure will bring, is more problems for GM's financial statements, and lower values for resale.
If anyone lives or passes through Phx, I am glad to spend a few minutes and help with the simple mods that resolve this. Just see my e-mail address below.
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