Lemon Law Analysis

2023 Volvo XC40

NHTSA Complaints · Active Recalls · California Lemon Law Data

✓ Reviewed by Jacob Shayesteh, Esq. · Updated June 2026
NHTSA Complaints
4
Active Recalls
2-4
Avg. Repair Attempts

The NHTSA tracks consumer complaints, manufacturer recalls, and safety investigations for every vehicle sold in the United States. These publicly available records are a critical resource for California lemon law cases because they establish patterns of recurring defects.

As of June 2026, the NHTSA has not yet received complaints specific to the 2023 Volvo XC40. However, this does not mean the vehicle is free from defects. Complaint data often lags behind real-world issues, and many vehicle owners experience problems before they are widely reported. If you are experiencing recurring issues with your 2023 Volvo XC40, you may still have a valid lemon law claim. You can file your own complaint at SaferCar.gov and check for updates on the NHTSA database.

The 2023 Volvo XC40 has generated 106 NHTSA complaints and has 4 active recalls. If your 2023 Volvo XC40 has experienced a defect that the dealer has been unable to repair after multiple visits, you may qualify for a full repurchase or replacement under California lemon law. Volvo pays all attorney fees when we prevail. You pay nothing.

Backup Camera

High Claim VolumeSong-Beverly Strength: Very Strong

The 2023 Volvo XC40 has generated 21 NHTSA complaints for this defect category. If your vehicle has experienced recurring issues in this area that the dealer has been unable to repair after multiple attempts, you may have a qualifying lemon law claim under California’s Song-Beverly Consumer Warranty Act. Owner reports include: “The contact owns a 2023 Volvo XC40. The contact stated that while reversing, the rearview camera display intermittently was distorted or inoperative. …”

Other Systems

Moderate Claim VolumeSong-Beverly Strength: Strong

The 2023 Volvo XC40 has generated 12 NHTSA complaints for this defect category. If your vehicle has experienced recurring issues in this area that the dealer has been unable to repair after multiple attempts, you may have a qualifying lemon law claim under California’s Song-Beverly Consumer Warranty Act. Owner reports include: “I am writing to provide an update on an existing recall, 25V282, for the rear-view camera image failing to display during the start of each reversing …”

Electrical System

Moderate Claim VolumeSong-Beverly Strength: Moderate

Electrical system failures are notoriously difficult to diagnose and repair, which often results in multiple unsuccessful repair attempts — a key element of a lemon law claim. Reported issues for the 2023 Volvo XC40 include infotainment malfunctions, battery drain, warning lights, power window failures, and intermittent starting problems. 12 NHTSA complaints have been filed for this category. Owner reports include: “The supplied 240V Level 2 charger has a design defect that causes the J1772 handle to detach from the high voltage supply cable exposing the individua…”

Visibility/Wiper

Moderate Claim VolumeSong-Beverly Strength: Moderate

The 2023 Volvo XC40 has generated 6 NHTSA complaints for this defect category. If your vehicle has experienced recurring issues in this area that the dealer has been unable to repair after multiple attempts, you may have a qualifying lemon law claim under California’s Song-Beverly Consumer Warranty Act. Owner reports include: “backup camera continues to say 'camera temporarily unavailable' even after software update from recall. latest software update has made the problem wo…”

Brakes

Moderate Claim VolumeSong-Beverly Strength: Moderate

Brake defects affecting safety may qualify for California’s two-repair threshold under Cal. Civ. Code § 1793.22, which applies to defects likely to cause death or serious bodily injury. The 2023 Volvo XC40 has generated 6 NHTSA complaints related to braking, including ABS failures, grinding, reduced stopping power, and warning lights. Owner reports include: “On Wednesday morning [XXX] at [XXX] I was parking my 2023 Volvo XC Recharge in the parking lot on Stearns Wharf in Santa Barbara where I was meeting m…”

Active NHTSA Recalls — 2023 Volvo XC40

The following 4 recalls have been issued for the 2023 Volvo XC40 by the NHTSA or Volvo. If your vehicle is affected, the manufacturer is required to provide a free remedy. Check your VIN at NHTSA.gov/recalls.

Recall 23V012000

Component: SERVICE BRAKES, HYDRAULIC

Defect: See NHTSA database for details.

Risk: A reduction in brake support functions can increase the risk of a crash.

Remedy: Volvo will release an over-the-air (OTA) BCM2 software update, free of charge. Owner notification letters are expected to be mailed March 15, 2023. Owners may contact Volvo Car customer service at 1-800-458-1552. Volvo Car’s number for this recall is R10217.

Recall 23V188000

Component: ELECTRICAL SYSTEM

Defect: See NHTSA database for details.

Risk: The false warning message could prevent the detection of an actual e-call system failure, which could delay an emergency response during a crash, increasing the risk of injury.

Remedy: Dealers will update the telematics and connectivity antenna module (TCAM) software, free of charge. Owner notification letters are expected to be mailed May 16, 2023. Owners may contact Volvo Car’s customer service 1-800-458-1552. Volvo Car’s number for this recall is R10225.

Recall 25V282000

Component: BACK OVER PREVENTION:SOFTWARE

Defect: See NHTSA database for details.

Risk: A rearview camera image that does not display reduces the driver’s view of what is behind the vehicle, increasing the risk of a crash.

Remedy: The software will be updated by a dealer or through an over-the-air (OTA) update, free of charge. Owner notification letters were mailed June 27, 2025. Owners may contact Volvo Car customer service at 1-800-458-1552. Volvo Car’s number for this recall is R10320.

Recall 25V908000

Component: BACK OVER PREVENTION:SOFTWARE

Defect: See NHTSA database for details.

Risk: A rearview camera image that does not display reduces the driver’s view behind the vehicle, increasing the risk of a crash.

Remedy: The software will be updated by a dealer or through an over-the-air (OTA) update, free of charge. Owner notification letters were mailed February 24, 2026. Owners may contact Volvo Car’s customer service at 1-800-458-1552. Volvo Car’s number for this recall is R10333. Vehicle Identification Numbers

California Lemon Law — Song-Beverly Act

California’s Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is one of the strongest lemon laws in the United States. It protects buyers and lessees of new and certified pre-owned vehicles that develop substantial defects the manufacturer cannot repair after a reasonable number of attempts.

Under Cal. Civ. Code § 1793.22, a lemon law presumption is triggered when any of the following apply to your 2023 Volvo XC40:

  • 4+ repair attempts for the same non-safety defect without resolution
  • 2+ repair attempts for a defect likely to cause death or serious bodily injury
  • 30+ calendar days out of service for warranty repairs (cumulative, not consecutive)

Once the presumption is triggered, the burden shifts to Volvo to prove the vehicle is not a lemon. Under Cal. Civ. Code § 1794(d), Volvo must pay your attorney’s fees if you prevail — meaning qualified representation costs you nothing out of pocket.

What You Can Recover

If your 2023 Volvo XC40 qualifies as a lemon under California law, Volvo may be legally required to:

  • Repurchase your vehicle — Full refund of your down payment, all monthly payments, registration fees, and incidental costs (towing, rentals), minus a mileage offset for miles driven before the first repair attempt
  • Replace your vehicle — Provide a new, comparable vehicle at no cost to you
  • Pay your attorney’s fees — Under § 1794(d), Volvo pays all legal fees if you prevail
  • Civil penalty up to 2x damages — If Volvo willfully violated the Act, courts may award double the actual damages

Steps to Protect Your 2023 Volvo XC40 Claim

Step 1: Document every repair visit. Keep all repair orders, work orders, and dealer invoices. Each visit counts as a repair attempt, even if the dealer says nothing is wrong.

Step 2: Keep returning for repairs. You must give Volvo a reasonable opportunity to fix the defect. Visit different authorized Volvo dealers if needed and ask for written documentation of each visit.

Step 3: Contact a California lemon law attorney. Once you believe the threshold has been met — 4 attempts for non-safety defects, 2 for safety defects, or 30 days out of service — contact an attorney for a free case evaluation. Under § 1794(d), Volvo pays your fees if you win.

Step 4: Send a demand letter. Your attorney will send Volvo a formal demand letter. Most California lemon law cases resolve through negotiation without going to trial.

2023 Volvo XC40 Lemon Law Questions

How many repair attempts qualify my 2023 Volvo XC40 as a lemon?

Under Cal. Civ. Code § 1793.22, four or more repair attempts for the same non-safety defect, or two attempts for a safety-related defect, triggers the lemon law presumption. Additionally, 30 or more cumulative days out of service qualifies regardless of the number of repair attempts.

Does Volvo pay my attorney fees?

Yes. Under Cal. Civ. Code § 1794(d), Volvo is required to pay your reasonable attorney’s fees and court costs if you prevail in a lemon law claim. This means qualified lemon law representation is free to you if your case succeeds.

Can I file a lemon law claim without an active recall?

Yes. A recall is not required to file a lemon law claim. The Song-Beverly Act covers any substantial defect that impairs the use, value, or safety of the vehicle that the manufacturer cannot repair after a reasonable number of attempts. NHTSA complaints support the claim by establishing a pattern, but are not a prerequisite.

What is the time limit to file a lemon law claim for my 2023 Volvo XC40?

California lemon law claims are generally subject to a four-year statute of limitations from the date you discovered or should have discovered the defect. However, you must still be within the manufacturer’s original warranty period when the defect first appears. Contact an attorney promptly to preserve your rights.

Think Your 2023 XC40 Qualifies?

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