Auto manufacturer General Motors is asking a federal judge to dismiss a lawsuit brought by a South Dakota man who claimed the car giant misled consumers about the effectiveness of an electric car model.

Jason Haas originally filed his lawsuit in state court in Turner County, South Dakota, but GM has filed a motion to remove the action to federal court.

Haas says he bought a Chevy Bolt, an electric vehicle, on Nov. 21, 2017 from Billion Auto in Iowa City, Iowa. The car’s literature indicated it had a range of 238 miles.

But the range proved to be considerably less – by 100 miles – during the cold winter months.

“At no time during his purchase did GMC make him aware that the project [sic] mileage was not accurate, and as a purchaser living in South Dakota – where the lower temperature average is below 30 degrees Fahrenheit for six out of the 12 calendar months,” the lawsuit says.

Haas’ lawsuit is seeking class-action status to represent consumers who bought Bolts in the Dakotas, Iowa, Minnesota and Montana. The lawsuit accuses GM of breaching warranties, fraudulent misrepresentation and selling a vehicle with manufacturing and design defects.

In its motion to dismiss, GM calls the allegation “nonsensical,” because GM didn’t sell the vehicle to Haas.

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GM’s literature for the Bolt “repeatedly discloses that the vehicle’s ‘actual range may vary based on several factors including temperature, terrain and driving conditions,’” the motion says. “For example, on the Chevy Bolt’s website, the language appears as a disclaimer that appears when a visitor clicks on any reference to charge or vehicle range.”

GM’s motion says Haas’ allegations are “vague, conclusory, and inadequately pled under the pleading standards of the Federal Rules.”

A ruling on GM’s motion is pending.