— A Volvo XC90 Android Auto lawsuit alleges the SUVs were marketed and sold as being compatible with the Android Auto feature when in fact they are not.
Android Auto is described as a smartphone application for Google Android cell phones and designed to work with the display screen of the Google Android user’s car. A user can control their smartphone through the car’s touchscreen display, steering wheel buttons and by voice commands.
Volvo's marketing materials allegedly pushed the in-car technology user interface called “Sensus” that was, or would eventually be, compatible with Android Auto.
Plaintiff Robert Middien claims Volvo started selling Volvo XC90 crossover SUVs in 2014, and in 2015 Volvo began selling the 2016 XC90, but did not sell a 2015 XC90.
The plaintiff claims Volvo specifically focused on the Sensus system by emphasizing its compatibility with Android Auto. But the plaintiff says Volvo would sometimes falsely market that Sensus on the Volvo XC90 was compatible with Android Auto, yet at other times Volvo would advertise that Sensus would eventually be compatible with Android Auto in the future.
However, the lawsuit alleges the Sensus never was, and never will be, compatible with Android Auto in XC90s SUVs.
In December 2016, Volvo added Android Auto to the 2017 XC90s and offered upgrades to create compatibility with Android Auto. However, those upgrades were only available for 2017 XC90 models that had been built after April 2016 and allegedly not available for any 2016 models.
The plaintiff says Volvo now admits on its website the Sensus system on the 2016 XC90 is not and never will be compatible with Android Auto.
The lawsuit includes this alleged statement from Volvo:
"For installation of Android Auto to be possible, the car must be equipped with two USB ports (USB hub). If the car has only one USB port then it is not possible to use Android Auto. It is not possible to install Android Auto on the XC90 or XC90 Twin Engine model year 2016 since they do not have the USB hub. It is not possible to retrofit the USB hub on these models."
According to the plaintiff, the 2014 and 2016 Volvo XC90s have only one USB port and it's not possible to install Android Auto and impossible to retrofit the USB hubs.
In addition, the lawsuit alleges the 2017 Volvo XC90s manufactured before April 2016 also have only one USB port, making it impossible to install Android Auto.
The plaintiff says about 29,000 SUVs are affected by the problem, and every owner and lessee paid too much for their SUVs that were marketed as compatible with Android Auto.
The proposed class-action lawsuit includes all U.S. consumers who purchased or leased a new 2014 or 2016 Volvo XC90 or a new 2017 Volvo XC90 with a Sensus systems incompatible with Android Auto.
The Volvo XC90 Android Auto lawsuit was filed in the U.S. District Court for the District of Massachusetts - Robert Middien, et. al., v. Volvo Cars of North America, LLC.
The plaintiff is represented by Shapiro Haber & Urmy LLP.
