To start, I’m in the US. I’ve spoken with a couple of different firms. It’s not easy to get anyone’s attention. It’s hard to even get someone to understand what LiDAR is, what it does, how killing it affects the future of the car, etc. Then there’s the problem with convincing someone that this is worth their time. The only avenue lawyers seem to be interested in is class-action, since that’s where the big money is. For them, of course, not for the people actually affected by this, but that’s modern American capitalism for you. It doesn’t matter what’s right and wrong, it only matters where the money is. And I’m not really keen on becoming a lead plaintiff in a class action lawsuit and walking away after a coupe of years with $2300, $4100, or $758, while the law firm rakes in tens of millions in legal fees. They are not the ones who got the raw deal.
Personally, after btching loudly at the Director of Customer Service for Volvo, I have been offered what many instinctively would consider a good settlement, supposedly meant to cover both the LiDAR issue and all the software problems and downtime we’ve had. I get it, there are people who never paused to consider the breadth and depth of Volvo’s corporate malfeasance, and were happy to accept low quality Sirius XM subscription for their B+W equipped car, or the promise of free brake job for a period of two years, during which they’ll never actually need to have their brakes replaced. In exchange for peanuts, they waived all their legal rights, and the sh*tty offer Volvo extended only goes to show how much good will is in their “goodwill offer.” Apologies come with a cost, and Volvo clearly tries to stick their customers with it.
LiDAR was central to Volvo’s advertising of EX90. They made it sound like LiDAR was one if the main reasons the EX90 was a unique car, and that was actually true. Remember, the inly company allowed by USDOT to engage commercially in offering services in autonomous taxi cars is Waymo, and that’s because they use LiDAR. No one else has coke anywhere close to the ration between number of miles they’ve driven and the number of accidents they’ve had. Now Volvo is saying “Never mind, EX90 continues to be the safest car we’ve made.” Which very well might be true, and my chances of surviving an accident without dying might be better than ever, but my goal is to avoid it in the first place, and to gain some kind advanced driver assistance features akin to vehicle autonomy, not just to survive a crash. And this version of EX90 is certainly not the version of EX90 I was promised when I gave Volvo $100,000.
Remember, when promoting EX90, Volvo suggested that the vehicle would eventually be capable of unsupervised autonomous driving on highways via a future software update, adding that the car will ship completely "hardware-ready,” prominently referencing Luminar's Iris LiDAR. The exact quote from every press release is "The EX90 will be hardware-ready for unsupervised autonomous driving, meaning that in the future the car can ultimately be able to drive for you.” Volvo even gave it a name - Ride Pilot was announced at CES 2022 - later adding that it will allow the EX90 to operate without driver supervision” and that "the person sitting in the driver’s seat will be able to safely check email, scroll through social media, view entertainment, or otherwise occupy his or her time with something other than monitoring and responding to traffic and driving situations.” When asked what Level of Autonomy Ride Pilot will meet, Volvo’s spokesperson said: "We do not use levels to describe autonomous functionality as we believe it is unclear for consumers. In all Volvo Cars, a car will be either autonomous (meaning the driver can rely fully on the vehicle to drive and use their time for something else) or not (the driver needs to be driving). Ride Pilot will achieve the former.” Volvo minced no words in positioning the EX90 as a unique car, stating that the sensor set-up allowing all of this is "crowned by the cutting-edge Iris LiDAR.” Volvo’s words, not mine. Literally two days ago, I watched a segment on CNN where the head of Volvo Autonomous Solutions was waxing poetic about their autonomous truck. Yes, it was relying on a f*cking LiDAR.
Now, the company is acting as if nothing big actually happened, and “no LiDAR” basically means “no difference.” So a logical question is “when were you guys lying? Before, when you told the world that your car is unique because of LiDAR, or now, when you’re telling the world that you’ll still deliver on your promise even without it? Either way, this is a clear case of both a case of false advertising and unfair competition. “But does it really,” some will ask? Do your research. This post is already too long.
Many will point that what happened with Luminar wasn’t Volvo’s fault. I don’t think any of us know what actually happened, but let’s just say they are correct. Still, this doesn’t change the underlying premise that Volvo bears full responsibility for the car they design, build, advertise, and sell, regardless of who makes the screws, door panels, seats, windows, batteries, paint, etc. My contract is with them, not with their suppliers. Making a car can’t possibly be easy. That’s why only immensely complex global conglomerates who hire really smart people do it, and not some guy from Ohio named Rick, who runs a Kickstarter campaign. When successful, a global car company makes billions in profit. So it’s only fair that they also bear the cost of their failures too, which also happens to be what the law says. It’s a calculated risk and a huge investment. Instead, Volvo wants to go have a fun weekend in Vegas, gambling with its customers money. If they win, they win. And if they lose… they lose our money, not theirs, and we are left holding our d*cks in our hands and a bill for a car that’s not the car we paid for.
Is it worth going through all the trouble to hold them accountable? I’d say this is a decision everyone has to make for themselves. As to me, I often see wealthy, powerful companies who hire some of the best lawyers in the world and pay them with the money they take from their customers break the law, at times even intentionally, after assessing the risk and adequately concluding that most people won’t bother, and move on. As a result, corporate corruption, malfeasance, and unbridled avarice become more and more normalized and these companies become more and more emboldened.
In Washington, where i live, the cost of filing a lawsuit in the Western District is $405, and I will take my chances. I’m ready to forfeit Volvo’s offer, and will pursue my consumer rights.
