Volvo XC40 Recharge Lawsuit: Electric SUVs Accused of Sudden Acceleration

Case Overview: A class action lawsuit alleges Volvo knowingly sold 2020-2024 XC40 Recharge electric vehicles with a defect causing sudden, unexpected acceleration, which it allegedly concealed from buyers.

Consumers Affected: U.S. consumers who bought or leased a 2020-2024 Volvo XC40 Recharge.

Court: U.S. District Court for the Northern District of California

California driver Robert Becker thought he was getting a safe, reliable electric vehicle when he bought his Volvo XC40 Recharge. Instead, he says he ended up with an SUV that suddenly accelerates, lurches, and surges without warning - and now he's suing Volvo over it.

Becker filed a class action lawsuit against Volvo in June, claiming the company knew about these scary acceleration problems but hid them from buyers who paid top dollar for what they thought were problem-free electric vehicles. His case covers 2020-2024 XC40 Recharge models and argues that Volvo deliberately kept quiet about a dangerous defect that puts drivers and passengers at risk.

Volvo Allegedly Knew About Acceleration Problems Before Sale

According to Becker's lawsuit, Volvo found out about the acceleration issues through several different ways before selling these vehicles to customers. The company discovered problems during testing before the XC40 Recharge even went to market, and early buyers started complaining about sudden acceleration right after the vehicles hit showrooms.

Volvo dealerships also reported problems when customers brought their SUVs in for service, and the company's own engineers identified the defect through internal reviews. Even government safety data from the National Highway Traffic Safety Administration showed these acceleration issues were happening. But despite knowing about the problems from all these sources, Volvo apparently decided not to tell buyers what was going on.

This meant customers were making expensive purchasing decisions without knowing their new electric SUV might suddenly speed up on its own, creating potentially dangerous situations every time they drove.

Defect Causes Unexpected Jolting and Surging in EVs

The problem comes from flaws in the XC40 Recharge's powertrain control system, which is basically the computer that manages how power flows from the battery to the motors that make the vehicle move. When this system messes up, drivers experience unexpected jolting and surging that happens even when they're not pressing the gas pedal.

These random acceleration events are especially dangerous in parking lots, driveways, and other places where you need precise control over your vehicle. Imagine trying to park and having your SUV suddenly lurch forward when you didn't expect it—that's the kind of situation XC40 Recharge owners say they're dealing with.

The worst part is that drivers can't predict when this will happen, making it impossible to prepare for or prevent these scary moments. People buy vehicles expecting them to respond predictably to their driving inputs, but this defect makes the XC40 Recharge unreliable and potentially dangerous.

Volvo's Recalls Didn't Fix the Real Problem

Volvo did issue some recalls to try addressing parts of the acceleration problem, but Becker says these attempts weren't nearly enough. Instead of fixing the root cause in the powertrain system, the company only addressed certain symptoms while leaving the main problem unsolved.

This means XC40 Recharge owners kept experiencing sudden acceleration even after taking their vehicles to dealers for recall work. Many people probably thought the recalls would solve everything, only to discover they still had the same dangerous acceleration issues.

The lawsuit suggests Volvo chose this limited approach to save money rather than properly fixing all the affected vehicles. This left customers with ongoing safety concerns and vehicles that still couldn't be trusted to behave predictably.

Owners Claim Financial Harm Due to Concealed Defect

Beyond the safety concerns, Becker argues that hiding this defect cost XC40 Recharge owners a lot of money. People paid premium prices for electric SUVs they believed were safe and defect-free, but the hidden acceleration problems made these vehicles worth much less than what customers paid.

Owners also had to pay for diagnostic work and repair attempts at dealerships, often multiple times as they tried to figure out what was wrong with their vehicles. Many people lost the use of their SUVs while dealers worked on them, forcing them to find alternative transportation and deal with the inconvenience.

The acceleration issues also hurt resale values, meaning owners discovered their vehicles were worth less than expected when they tried to trade them in or sell them. This creates financial damage that goes well beyond the original purchase price.

Becker's lawsuit claims Volvo broke several California laws designed to protect consumers from deceptive business practices. These include rules that prevent companies from hiding important defects from buyers and laws against false advertising about product safety and reliability.

The case also includes fraud claims based on Volvo allegedly hiding the powertrain defect on purpose, plus arguments that the company unfairly profited by selling defective vehicles at premium prices without telling customers about known problems.

Electric Vehicle Problems Spark Growing Number of Lawsuits

The Volvo case is part of a bigger trend of lawsuits over electric vehicle defects across different automakers. As companies rush to produce more electric and hybrid vehicles, new types of safety problems are showing up that didn't exist with traditional gas engines.

Audi and Volkswagen recently faced similar lawsuits over battery problems in their e-tron electric SUVs, with customers claiming the batteries cause power loss, short circuits, and even fire risks. Jeep is also dealing with lawsuits over fire hazards in some Wrangler and Gladiator models.

These cases show that electric vehicle technology is still evolving, and automakers are learning about new types of defects as these vehicles spend more time on the road. It also suggests that companies might need to be more upfront about potential problems instead of waiting to see what happens.

In the Volvo class action lawsuit, Becker wants to represent everyone in the United States who bought or leased a 2020-2024 XC40 Recharge during the time period covered by the lawsuit. This could include thousands of owners who paid premium prices for vehicles with hidden acceleration defects.

He's asking for a jury trial to decide whether Volvo broke consumer protection laws, and he wants money back for owners who suffered financial losses because of the defective vehicles. 

The lawsuit also seeks extra damages to punish Volvo for allegedly hiding safety defects and requests refunds to make up the difference between what people paid and what their vehicles were actually worth.

Case Details

• Lawsuit: Becker v. Volvo Cars of North America LLC, et al.
• Case Number: No. 3:25-cv-05331
• Court: U.S. District Court for the Northern District of California

Plaintiffs' Attorney:

• Jeffrey L. Fazio and Dina E. Micheletti (Fazio and Micheletti LLP)
• Keliang (Clay) Zhu, Andre Y. Bates and Yi Yao (DeHeng Law Offices P.C.)

Do you own a Volvo XC40 Recharge? Have you experienced unexpected acceleration? Share your experience below.