Cadillac drivers suing General Motors LLC (GM) over allegedly misleading safety-rating stickers on their cars have asked a Florida federal court to certify four separate classes of Plaintiffs comprising more than 11,000 customers nationwide. The motion requested certification of a Florida class, Tennessee class, nationwide unjust enrichment class and a breach of express warranty class encompassing those who purchased or leased model year 2014 Cadillac CTS Sedans in 30 states and Washington, D.C., in the suit accusing GM of affixing stickers to Plaintiffs’ cars indicating higher-than-accurate safety ratings from the National Highway Traffic Safety Administration (NHTSA).
According to the Plaintiffs’ motion, all of the requirements for certification have been satisfied, including that the defined classes will allow the court to apply common questions of law and fact to all involved. The certification motion said:
This case arises from representations and warranties that were made to all members of the classes, and the legal issues that will predominate in this case are common to the members within each of the classes. The exact same misrepresentation was made to each class member for the same reason.
In their amended complaint filed last August, the lead Plaintiffs allege they each purchased the Cadillac sedans that came with Monroney stickers representing that the cars achieved five-star rankings, the highest available NHTSA rating, for risk of injury in the event of frontal impact for the driver or passenger and for the risk of a rollover in a single-vehicle crash.
But months after they purchased their vehicles, GM informed the Plaintiffs in a May letter that the information provided on the Monroney sticker affixed to their cars was false and that the Cadillac model received no such NHTSA safety rankings, the complaint says. The letter also enclosed a replacement Monroney sticker without the previously stated NHTSA rankings, according to the complaint. The Plaintiffs contend that the alleged misrepresentation violates Florida unfair trade law, Tennessee consumer protection law and federal laws pertaining to unjust enrichment. GM says the lawsuit is without merit.
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