Investigation: Volvo XC40 Recharge Electric Vehicle Defect

Fazio | Micheletti LLP and DeHeng Law Offices, P.C. Are Investigating Complaints by Drivers of 2021–2024 Volvo XC40 Recharge Electric Vehicles

 

Fazio | Micheletti LLP and DeHeng Law Offices, P.C. are investigating reports that 2021 through 2024 model-year Volvo XC40 Recharge all-electric vehicles suffer from a recurring safety defect known as Uncommanded Vehicle Propulsion ("UVP") — forward or rearward movement, including surging, lurching, or acceleration, initiated by the powertrain control system without a corresponding driver throttle command and contrary to driver intent.

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UVP occurs most often during low-speed maneuvers and gear transitions, including in One Pedal Drive mode, and can impair or delay the vehicle's intended brake-throttle override function. The defect often does not store a persistent diagnostic trouble code observable at retail service, making it difficult for dealerships to diagnose or confirm — and for Volvo to claim it has been remedied.

Owners and lessees of these vehicles have reported that the XC40 Recharge can, without warning:

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• Surge or lurch forward or backward while the vehicle is at rest or moving at low speed

• Accelerate unexpectedly when the driver is not pressing the accelerator — or even when the driver's foot is on the brake pedal

• Fail to decelerate or stop as expected when the driver releases the accelerator, particularly in One Pedal Drive mode

• Exhibit erratic powertrain behavior during gear changes, when using the automatic brake hold function, or when transitioning between drive modes

 

These incidents have been reported in a wide range of everyday driving situations, including parking, pulling into or out of driveways, navigating intersections, and driving at low speeds in traffic.

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A Known Problem That Volvo Has Failed to Fix

Volvo has issued limited recalls affecting certain XC40 Recharge vehicles, including a 2021 recall for a software fault that could cause sudden loss of propulsion (NHTSA Campaign No. 21V-109) and a 2022 recall for water intrusion in the accelerator pedal sensor harness affecting 2021–2022 models. However, these recalls were narrow in scope and failed to address the full range of dangerous powertrain behavior that owners continue to experience across all model years.

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The National Highway Traffic Safety Administration (NHTSA) has also issued an advisory urging owners of Volvo electric and plug-in hybrid vehicles to avoid using "B mode" (One Pedal Drive) until Volvo releases a software update to address the issue.

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Despite knowledge of the problem — from pre-release testing, NHTSA data, consumer complaints, dealership service reports, and internal engineering assessments — Volvo has not disclosed the full scope and nature of the defect to consumers, nor has it issued a comprehensive recall to remedy the underlying cause.

 

Who We Are Looking For

If you own or lease a 2021–2024 Volvo XC40 Recharge electric vehicle and have experienced any of the following, we would like to hear from you:

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• Sudden surging, lurching, or unintended acceleration

• The vehicle moving unexpectedly while at a stop

• Failure of the vehicle to slow down or stop as expected

• Any incident in which the vehicle behaved erratically or contrary to driver input

• A collision or near-miss caused by unexpected vehicle behavior

 

You do not need to have been involved in an accident to participate. We are interested in hearing from anyone who has experienced these problems, whether or not the incident resulted in a collision or property damage.

 

Contact Us

If you have experienced any of these issues, please contact us by clicking here. There is no cost or obligation for this inquiry.

You may also use the contact form on this website.

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Fazio | Micheletti LLP has more than 25 years of experience prosecuting complex class actions involving automotive defects, consumer fraud, and product liability on behalf of consumers nationwide. The firm's attorneys have recovered billions of dollars for the victims of corporate wrongdoing and obtained the first court-ordered motor vehicle recall in United States history.

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