Why Are Volvo XC40 Recharge Owners Taking Legal Action?
Volvo’s reputation for safety is facing a real-world stress test. More than 100 owners of the all-electric XC40 Recharge have filed a class action lawsuit in the United States, claiming the SUV is prone to sudden surges, lurches, and unintended acceleration—especially during low-speed driving or gear changes. The lead plaintiff, Robert M. Becker, says his 2024 XC40 Recharge would unexpectedly leap forward, sometimes while using the popular One Pedal Drive mode. He’s not alone. The suit alleges that these incidents aren’t isolated, but rather point to a deeper, potentially dangerous defect.
What Exactly Are Drivers Experiencing With the XC40 Recharge?
Imagine pulling into a parking spot or inching through traffic, only to have your car unexpectedly surge ahead. That’s what some XC40 Recharge owners say is happening. The complaints focus on low-speed scenarios—think stop-and-go city driving or shifting between drive and reverse. One Pedal Drive, a feature that lets drivers accelerate and brake using just the accelerator pedal, is also under scrutiny. According to the lawsuit, these unpredictable movements create a real risk of accidents or property damage. Becker himself had to return his new vehicle to the dealership for diagnosis and repairs less than a month after leasing it.
Did Volvo Know About These Issues Before the Lawsuit?
The plaintiffs argue that Volvo either knew, or should have known, about the problem well before the lawsuit was filed. Their case points to pre-release testing, consumer complaints (including similar issues reported with the Polestar 2, which shares much of its engineering with the XC40 Recharge), dealership service records, and even data from the National Highway Traffic Safety Administration (NHTSA). Despite this, the suit claims Volvo’s response was slow and incomplete. The automaker’s recall efforts, they say, were too limited—addressing only a narrow set of vehicles and failing to fix the underlying control logic that might be at fault.
How Has Volvo Responded to Safety Concerns and Recalls?
Volvo has issued two recalls in the US related to the XC40 Recharge. The first, in 2022, addressed a software bug that could cause a sudden loss of propulsion. The second targeted 2021–2022 models at risk of water entering the accelerator pedal sensor harness. However, the lawsuit argues that these fixes were too narrowly focused, leaving many affected vehicles—and their drivers—without a comprehensive solution. The NHTSA recently advised owners of certain Volvo plug-in hybrid and electric models to avoid using One Pedal Drive until a software update is installed, further highlighting the seriousness of the issue.
What Legal Grounds Are Owners Using in Their Lawsuit?
The legal complaint is wide-ranging. Plaintiffs are suing Volvo for violations of the Consumers Legal Remedies Act, the Unfair Competition Law, and the False Advertising Law. They also allege fraudulent concealment and unjust enrichment. In plain English? They believe Volvo misled consumers, failed to disclose known safety risks, and benefited financially while drivers dealt with the fallout. The group is seeking compensatory and punitive damages, restitution, and a court order requiring Volvo to address the alleged defects.
Is This an Isolated Problem or Part of a Larger Trend in EV Safety?
While this lawsuit centers on the XC40 Recharge, it taps into a broader conversation about the rapid rollout of electric vehicles and the challenges that come with new technology. EVs rely heavily on complex software and electronic controls. When something goes wrong, the results can be unpredictable. According to a 2023 J.D. Power study, software-related complaints in new vehicles—especially EVs—are on the rise, with owners reporting glitches in everything from driver assistance systems to basic controls. The XC40 Recharge case is a reminder that even brands with a strong safety pedigree aren’t immune to the growing pains of electrification.
What Should Current XC40 Recharge Owners Do Right Now?
If you own or lease an XC40 Recharge, it’s worth checking for any open recalls or software updates. The NHTSA’s online database is a good starting point. If your vehicle exhibits unusual behavior—like surging, lurching, or unintended acceleration—document the incidents and contact your dealer immediately. Don’t ignore warning lights or odd driving sensations. And if you’re using One Pedal Drive, follow the latest guidance from Volvo and the NHTSA about safe operation.
The big takeaway? EV safety isn’t about perfection—it’s about smarter adjustments. Start with one change this week, and you’ll likely spot the difference by month’s end.