CHARLESTON — A couple is suing General Motors and Thornhill Superstore for violating the West Virginia Consumer Credit and Protection Act.
Hobert Smith and Barbara Smith entered into a motor vehicle purchase contract on Oct. 14, 2022, for the purchase of a 2022 GMC Sierra, according to a complaint filed in Kanawha Circuit Court.
The Smiths claim they discovered and experienced repeated nonconformities with the vehicle that substantially impaired the use, value and/or safety of the vehicle.
As a result, the plaintiffs returned the vehicle to the dealer for repair, and despite efforts to allow the defendants an opportunity to repair the vehicle, they failed to do so.
The manufacturer failed and refused to provide a comparable replacement vehicle and to reimburse the plaintiffs, according to the suit.
The plaintiffs claim they were then charged $4,109 for Allstate Service Contract Long-Term Powertrain Wrap, $999 for Allstate Paint and Fabric Defense Limited Warranty, $1,199 for Allstate Tire & Wheel Protection Service Contract and $1,500 for GAP.
The dealer's representative did not explain the actual nature of the products or the costs and if the plaintiff had known the true nature and value of the add-on products, they would not have agreed to purchase them, according to the suit.
The plaintiffs claim that they were misled to believe that this coverage was valuable and that it would start after the expiration of the manufacturer's warranty, not that it would run concurrently.
The plaintiffs claim the defendants' actions also violated the state's lemon law and were unfair and deceptive acts or practices.
The Smiths are seeking compensatory and punitive damages and revocation of acceptance of the vehicle. They are represented by Kristina Thomas Whiteaker of The Grubb Law Group in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-408