Dodge Ram 1500 EcoDiesel EGR Problems, Class Action Lawsuits and Recall
Lemon Law Safety January 16, 2022 By
John Hanson, Esq.
Current or former owners or lessees of Dodge Ram EcoDiesel 1500 trucks
manufactured between June 12, 2013, to October 23, 2019, and equipped with allegedly defective exhaust gas recirculation (“EGR”) coolers need to pay close attention to their legal rights.
As you may already know, there are widespread allegations that particular Ram
EcoDiesel EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time, which can cause a vehicle fire.
An internal crack can introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and can cause a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
Current or former owners or lessees should know that California’s lemon law and other state and federal laws may force Fiat Chrysler to either “buy the vehicle back” or provide other important compensation. Under California’s lemon law, qualifying “lemons” must be repurchased, which can mean a large cash refund and payoff of your loan or lease.
For a
free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc. Depending on the circumstances, you could even qualify for two times your money back. What Fiat Chrysler would have to buy it for has nothing to do with its current worth.
There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable consumer attorneys. Don’t settle for small-dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind. Watch the mail, watch your email, and contact a consumer lawyer for advice when and if this case settles.
Ram 1500 EcoDiesel EGR Cooler Problems and Recall
In 2019 Fiat Chrysler
recalled over 100,000 Ram 1500 EcoDiesel trucks with EGR coolers built between 2014-2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available but forthcoming. Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low.
However, the required parts were not available, and Fiat Chrysler dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced only if the part has failed.
A
class-action lawsuit over the EGR coolers was filed in the United States District Court for the Eastern District of Michigan on August 27, 2020 (
Crawford v. Fiat Chrysler US LLC., 2:20-cv-12341-SJM-DRG) and has been consolidated with several other related actions. The allegations in the Consolidated Complaint have been upheld, and pretrial dates have been set, leading up to a trial in October 2023.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
Status of the Ram EGR cooler class action
A
class action lawsuit is pending in the United States District Court for the Eastern District of Michigan. The case was filed on August 27, 2020, and was ordered consolidated with other actions.
On August 13, 2021, the court granted in part and denied in part Defendants’ motion to dismiss the Complaint, and Fiat Chrysler filed an Answer on September 3, 2021.
A scheduling Order was issued on September 22, 2021, setting numerous pretrial dates, including a trial for October 31, 2023.
The court has not yet approved the case to proceed as a class action.
What Will Happen in the EGR Class Action and How Do Consumers Protect Themselves?
If the class is certified by the court in a class action lawsuit, the lawyers who bring the class action represent you. You will receive notice if the case is approved by the court to proceed as a class action and of your right to opt out of the class by a specific deadline. If they prevail at trial, you receive whatever relief is awarded by the judge or jury. But if they lose, you may not litigate claims over the issues raised.
As with most litigation, many class action cases settle.
If the case settles and the court preliminarily approves the settlement,
you will receive a class notice describing your options. Those options will be: (a) do nothing, in which case you may get nothing but be bound by the settlement, (b) submit a claim form if requested and get whatever relief is made available and you are also bound by the settlement, or (c) opt out and pursue your own claims, in which case you are not bound by the settlement but cannot participate in the relief being offered to class members.
Sometimes a class action settlement may provide significant benefits and requires little effort to participate. It also comes with no risk, as the claims have been resolved. But for people who have had significant damages or have strong lemon law protections, opting out and pursuing one’s individual case or negotiations may provide them an opportunity to receive a better recovery in a shorter period, but with (as always) no guarantee they will get anything in settlement.
When it comes to
car class actions, what to do can be a complicated decision, as it can depend on many factors and an accurate understanding of what the law provides. Here are some important factors to weigh with your consumer lawyer:
- Do you still own the car? (You may still have claims if you don’t)
- Are you willing to consider the opportunity of getting a more significant recovery as compared to taking what is offered in a settlement?
- How old is your car, and what is the mileage?
- Did your car burn oil?
- Did it ever stall?
- Did you ever have any other problems? What were/are they?
- How long was your car in the shop for each repair and in total?
- Were you ever told the problems you experienced were “normal” by Fiat Chrysler dealers or Fiat Chrysler?
- Did you have repeated repairs attempted?
- When did the problems start?
- When did you first take it in for repair?
- Where did you buy the car?
- Did you ever ask them to buy it back before?
- If they offered to repurchase it, what deductions did they demand?
A qualified attorney working with your best interest in mind needs to weigh all these factors and more.
We are available to help you sort through these questions and make a well-informed decision.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
Dodge Ram EGR Cooler Recall and Class Action FAQ
What is the EGR class action lawsuit name and case number?
Crawford v. Fiat Chrysler US LLC., 2:20-cv-12341-SJM-DRG
When and where was the EGR class action lawsuit filed?
The case was filed in the United States District Court for the Eastern District of Michigan on August 27, 2020, and later consolidated with two other lawsuits:
- Anderson, et al. v. Fiat Chrysler US LLC, Case No. 5:20-cv-13294 (E.D. Mich.) (Levy, J.), filed originally on October 16, 2020, in the U.S. District Court for the Western District of Wisconsin. On December 11, 2020, the parties stipulated to transfer this case to the Eastern District of Michigan, which the court granted on December 14, 2020.
- Briggs, et al. v. Fiat Chrysler US LLC, Case No. 2:20-cv-13235 (E.D. Mich.) (Drain, J.), filed originally on December 9, 2020.
What do the Plaintiffs allege is the defect in the class action lawsuit?
The class-action lawsuits allege Fiat Chrysler US LLC (Fiat Chrysler) sold hundreds of thousands of Ram 1500 trucks equipped with defective exhaust gas recirculation (“EGR”) coolers between June 12, 2013, to October 23, 2019.
The lawsuits allege that the EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time. An internal crack will then introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and result in a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
What are the affected vehicle models identified in the class action lawsuit?
Dodge
Ram 1500 and 1500 Classic vehicles manufactured between June 12, 2013, to October 23, 2019, and equipped with
3.0L EcoDiesel engines that contain Exhaust Gas Recirculation (“EGR”) coolers.
How many Ram EcoDiesel vehicles are affected by this EGR defect?
According to publicly available data, the total number of Class Vehicles sold is approximately 3,405,533.
What does the class action claim is the nature of the EGR defect in the RAM vehicles?
The complaints filed in the lawsuits allege that the EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time. An internal crack will then introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and result in a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
How does the Ram EGR defect violate the affected vehicle warranty?
The complaints filed in the lawsuits allege Fiat Chrysler provided Plaintiffs and the members of the proposed class with written warranties wherein Fiat Chrysler promised to fix any defect in design or manufacture during the warranty period. Fiat Chrysler also warranted in advertisements that the vehicles were safe and reliable. Fiat Chrysler breached these express warranties because the vehicles contain defective Exhaust Gas Recirculation (“EGR”) coolers.
The complaints filed in the lawsuits also allege Fiat Chrysler also impliedly warranted (obligations the law “implies” in the sale, even if not directly stated) these vehicles would conform to the descriptions promised in Fiat Chrysler’s advertisements and consumer-facing communications. Fiat Chrysler breached the implied warranty of merchantability because the vehicles contained defective EGR coolers. Therefore, the vehicles are defective, unmerchantable, and unfit for their ordinary, intended purpose.
The complaints filed in the lawsuits also allege Fiat Chrysler has known about the defects in the EGR coolers, as in 2019 Fiat Chrysler recalled over 100,000 Ram 1500 trucks with EGR coolers built between 2014 and 2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available, but forthcoming.
Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low. However, the required repair parts were not available, and dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced only if the part has failed.
Are Ram EcoDiesel vehicles containing EGR coolers unsafe?
The class action complaint alleges that any vehicle with an installed component that creates a chance of combusting and catching fire is unsafe.
Have Ram EcoDiesel owners been offered anything to resolve this alleged EGR defect?
In 2019 Fiat Chrysler
recalled over 100,000 Ram 1500 trucks with EGR coolers built between 2014 and 2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available but forthcoming.
Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low.
However, the required repair parts were not available, and dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced
only if the part has failed.
What is the status of the EGR class action lawsuit?
A class action lawsuit is pending in the United States District Court for the Eastern District of Michigan. The case was filed on August 27, 2020, and consolidated with two other class action lawsuits.
On August 13, 2021, the court granted in part and denied in part Defendants’ motion to dismiss the Complaint, and Fiat Chrysler filed an Answer on September 3, 2021.
A Scheduling Order was issued on September 22, 2021, setting numerous pretrial dates, including a trial for October 31, 2023.
The court has
not yet approved the case to proceed as a class action.
Has the EGR class action lawsuit been settled?
There has been
no announcement of a class action settlement or any indication there are any ongoing or scheduled settlement negotiations.
Is there anything I need to do at this time?
At this point, the class action case has not been settled. It also has not been certified to proceed as a class action.
If you want to bring your own claim, you
can do so now and opt out either now or when you receive the class action notice. Or the class may be defined as those people who have not sued or settled their claims, and you could be automatically opted out of the settlement.
As settlement has not been reached nor a class certified, there is nothing you are legally required to do at this time. However,
there is no reason to wait.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
What happens if I don’t opt out of the Class Action lawsuit or future Settlement?
It depends on how the settlement is structured, but generally, if you do not opt out of the settlement you will be
bound by its terms. You will receive any benefits offered in the settlement, either automatically or by submitting a claim form.
However, you will not be able to get more or bring any individual case over the defective Ram EGR coolers, except possibly for personal injury claims.
Why should I opt out of any class action or settlement?
Some class actions provide significant benefits without the need to do much other than complete a claim form. And because the matter is settled, as long as the court approves the settlement you will get the relief described in the class notice.
However, many other people who know their rights may decide that the relief offered as part of the class action settlement is not adequate, that they do not want to wait to get relief, or that they could get more if they do not participate in the class action settlement and go their own way with their own lawyer. This depends on a variety of factors, such as how old is your car, can you document the defect that occurred in your car, have you taken it in for repairs on more than one occasion, do you still own the vehicle, is it still under warranty and where you bought the care – among many other factors.
Depending on the answers to those questions, while there is no guarantee you will receive any recovery, if you opt-out, you may have the opportunity to receive significant relief, including a
vehicle repurchase and possible penalties.
What is the Song Beverly Warranty Act?
Song-Beverly, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is “reasonable” is not part of hard and fast rules – safety defects should be fixed immediately, for example. The defects have to be important, and must “substantially impair the vehicle’s use, value, OR safety.” Civil Code §1793.22(e)(2).
Under Civil Code §1793.2(d)(1), manufacturers
must promptly repurchase or replace the vehicle they cannot fix in a reasonable time frame. In addition, Civil Code §1794(c) and §1793.2(d) provides that customers may have a civil penalty up to two times actual damages if manufacturers acted “willfully” (meaning knowingly, but not necessarily with wrongful or malicious intent) in ignoring or failing its obligation under Song-Beverly.
Finally, under Civil Code §1794(d),
manufacturers must pay the plaintiff’s attorney’s fees and costs as part of the settlement. The Song-Beverly Act is a pro-consumer fee-shifting statute.
For a
free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
What relief could I get if I bring an individual lemon law lawsuit?
Current or former owners or lessees of Ram 1500 EcoDiesel trucks with EGR coolers built between 2014 and 2019 should be aware that California’s lemon laws and other state and federal laws may force Fiat Chrysler to either “
buy the vehicle back” or provide other important compensation.
Under California’s lemon laws, qualifying “lemons” must be bought back, which can mean a large cash refund and payoff of your loan or lease. The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc.
Depending on the circumstances, you could even
qualify for two times your money back. What Fiat Chrysler would have to buy it for has nothing to do with its current worth. There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment.
Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable consumer attorneys. Don’t settle for small-dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind.
Watch the mail, watch your email, and
contact a consumer lawyer for further advice on a potential lemon law claim.
Free Lemon Law Consultation
There is a lot to consider in deciding whether to pursue an individual lemon law claim.
The
Hanson Law Firm is available to help you sort through these questions and make an informed decision.
Please fill out the form below for a free consultation or call
1-855-OPT-OUT1 (855-678-6881).
Ram 1500 EGR Lemon Law Consultation
All submitted information is treated as confidential and used only for your consultation.
Dodge Ram 1500 EcoDiesel EGR Problems, Class Action Lawsuits and Recall
Lemon Law Safety January 16, 2022 By
John Hanson, Esq.
Current or former owners or lessees of Dodge Ram EcoDiesel 1500 trucks
manufactured between June 12, 2013, to October 23, 2019, and equipped with allegedly defective exhaust gas recirculation (“EGR”) coolers need to pay close attention to their legal rights.
As you may already know, there are widespread allegations that particular Ram
EcoDiesel EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time, which can cause a vehicle fire.
An internal crack can introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and can cause a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
Current or former owners or lessees should know that California’s lemon law and other state and federal laws may force Fiat Chrysler to either “buy the vehicle back” or provide other important compensation. Under California’s lemon law, qualifying “lemons” must be repurchased, which can mean a large cash refund and payoff of your loan or lease.
For a
free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc. Depending on the circumstances, you could even qualify for two times your money back. What Fiat Chrysler would have to buy it for has nothing to do with its current worth.
There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable consumer attorneys. Don’t settle for small-dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind. Watch the mail, watch your email, and contact a consumer lawyer for advice when and if this case settles.
Ram 1500 EcoDiesel EGR Cooler Problems and Recall
In 2019 Fiat Chrysler
recalled over 100,000 Ram 1500 EcoDiesel trucks with EGR coolers built between 2014-2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available but forthcoming. Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low.
However, the required parts were not available, and Fiat Chrysler dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced only if the part has failed.
A
class-action lawsuit over the EGR coolers was filed in the United States District Court for the Eastern District of Michigan on August 27, 2020 (
Crawford v. Fiat Chrysler US LLC., 2:20-cv-12341-SJM-DRG) and has been consolidated with several other related actions. The allegations in the Consolidated Complaint have been upheld, and pretrial dates have been set, leading up to a trial in October 2023.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
Status of the Ram EGR cooler class action
A
class action lawsuit is pending in the United States District Court for the Eastern District of Michigan. The case was filed on August 27, 2020, and was ordered consolidated with other actions.
On August 13, 2021, the court granted in part and denied in part Defendants’ motion to dismiss the Complaint, and Fiat Chrysler filed an Answer on September 3, 2021.
A scheduling Order was issued on September 22, 2021, setting numerous pretrial dates, including a trial for October 31, 2023.
The court has not yet approved the case to proceed as a class action.
What Will Happen in the EGR Class Action and How Do Consumers Protect Themselves?
If the class is certified by the court in a class action lawsuit, the lawyers who bring the class action represent you. You will receive notice if the case is approved by the court to proceed as a class action and of your right to opt out of the class by a specific deadline. If they prevail at trial, you receive whatever relief is awarded by the judge or jury. But if they lose, you may not litigate claims over the issues raised.
As with most litigation, many class action cases settle.
If the case settles and the court preliminarily approves the settlement,
you will receive a class notice describing your options. Those options will be: (a) do nothing, in which case you may get nothing but be bound by the settlement, (b) submit a claim form if requested and get whatever relief is made available and you are also bound by the settlement, or (c) opt out and pursue your own claims, in which case you are not bound by the settlement but cannot participate in the relief being offered to class members.
Sometimes a class action settlement may provide significant benefits and requires little effort to participate. It also comes with no risk, as the claims have been resolved. But for people who have had significant damages or have strong lemon law protections, opting out and pursuing one’s individual case or negotiations may provide them an opportunity to receive a better recovery in a shorter period, but with (as always) no guarantee they will get anything in settlement.
When it comes to
car class actions, what to do can be a complicated decision, as it can depend on many factors and an accurate understanding of what the law provides. Here are some important factors to weigh with your consumer lawyer:
- Do you still own the car? (You may still have claims if you don’t)
- Are you willing to consider the opportunity of getting a more significant recovery as compared to taking what is offered in a settlement?
- How old is your car, and what is the mileage?
- Did your car burn oil?
- Did it ever stall?
- Did you ever have any other problems? What were/are they?
- How long was your car in the shop for each repair and in total?
- Were you ever told the problems you experienced were “normal” by Fiat Chrysler dealers or Fiat Chrysler?
- Did you have repeated repairs attempted?
- When did the problems start?
- When did you first take it in for repair?
- Where did you buy the car?
- Did you ever ask them to buy it back before?
- If they offered to repurchase it, what deductions did they demand?
A qualified attorney working with your best interest in mind needs to weigh all these factors and more.
We are available to help you sort through these questions and make a well-informed decision.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
Dodge Ram EGR Cooler Recall and Class Action FAQ
What is the EGR class action lawsuit name and case number?
Crawford v. Fiat Chrysler US LLC., 2:20-cv-12341-SJM-DRG
When and where was the EGR class action lawsuit filed?
The case was filed in the United States District Court for the Eastern District of Michigan on August 27, 2020, and later consolidated with two other lawsuits:
- Anderson, et al. v. Fiat Chrysler US LLC, Case No. 5:20-cv-13294 (E.D. Mich.) (Levy, J.), filed originally on October 16, 2020, in the U.S. District Court for the Western District of Wisconsin. On December 11, 2020, the parties stipulated to transfer this case to the Eastern District of Michigan, which the court granted on December 14, 2020.
- Briggs, et al. v. Fiat Chrysler US LLC, Case No. 2:20-cv-13235 (E.D. Mich.) (Drain, J.), filed originally on December 9, 2020.
What do the Plaintiffs allege is the defect in the class action lawsuit?
The class-action lawsuits allege Fiat Chrysler US LLC (Fiat Chrysler) sold hundreds of thousands of Ram 1500 trucks equipped with defective exhaust gas recirculation (“EGR”) coolers between June 12, 2013, to October 23, 2019.
The lawsuits allege that the EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time. An internal crack will then introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and result in a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
What are the affected vehicle models identified in the class action lawsuit?
Dodge
Ram 1500 and 1500 Classic vehicles manufactured between June 12, 2013, to October 23, 2019, and equipped with
3.0L EcoDiesel engines that contain Exhaust Gas Recirculation (“EGR”) coolers.
How many Ram EcoDiesel vehicles are affected by this EGR defect?
According to publicly available data, the total number of Class Vehicles sold is approximately 3,405,533.
What does the class action claim is the nature of the EGR defect in the RAM vehicles?
The complaints filed in the lawsuits allege that the EGR coolers are prone to thermal fatigue, which makes the coolers more prone to internal cracks over time. An internal crack will then introduce preheated, vaporized coolant to the EGR system while the engine is running. This is a potentially dangerous situation as the intake manifold may combust and result in a vehicle fire if the mixture interacts with other hydrocarbons and air in the system.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
How does the Ram EGR defect violate the affected vehicle warranty?
The complaints filed in the lawsuits allege Fiat Chrysler provided Plaintiffs and the members of the proposed class with written warranties wherein Fiat Chrysler promised to fix any defect in design or manufacture during the warranty period. Fiat Chrysler also warranted in advertisements that the vehicles were safe and reliable. Fiat Chrysler breached these express warranties because the vehicles contain defective Exhaust Gas Recirculation (“EGR”) coolers.
The complaints filed in the lawsuits also allege Fiat Chrysler also impliedly warranted (obligations the law “implies” in the sale, even if not directly stated) these vehicles would conform to the descriptions promised in Fiat Chrysler’s advertisements and consumer-facing communications. Fiat Chrysler breached the implied warranty of merchantability because the vehicles contained defective EGR coolers. Therefore, the vehicles are defective, unmerchantable, and unfit for their ordinary, intended purpose.
The complaints filed in the lawsuits also allege Fiat Chrysler has known about the defects in the EGR coolers, as in 2019 Fiat Chrysler recalled over 100,000 Ram 1500 trucks with EGR coolers built between 2014 and 2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available, but forthcoming.
Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low. However, the required repair parts were not available, and dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced only if the part has failed.
Are Ram EcoDiesel vehicles containing EGR coolers unsafe?
The class action complaint alleges that any vehicle with an installed component that creates a chance of combusting and catching fire is unsafe.
Have Ram EcoDiesel owners been offered anything to resolve this alleged EGR defect?
In 2019 Fiat Chrysler
recalled over 100,000 Ram 1500 trucks with EGR coolers built between 2014 and 2019 in the U.S. and announced that a remedy for the EGR cooler issue was not yet available but forthcoming.
Beyond this, Fiat Chrysler told customers to continue to monitor their coolant levels and contact dealers if the levels were consistently low.
However, the required repair parts were not available, and dealers were apparently advised that replacement parts were very limited and EGR coolers should be replaced
only if the part has failed.
What is the status of the EGR class action lawsuit?
A class action lawsuit is pending in the United States District Court for the Eastern District of Michigan. The case was filed on August 27, 2020, and consolidated with two other class action lawsuits.
On August 13, 2021, the court granted in part and denied in part Defendants’ motion to dismiss the Complaint, and Fiat Chrysler filed an Answer on September 3, 2021.
A Scheduling Order was issued on September 22, 2021, setting numerous pretrial dates, including a trial for October 31, 2023.
The court has
not yet approved the case to proceed as a class action.
Has the EGR class action lawsuit been settled?
There has been
no announcement of a class action settlement or any indication there are any ongoing or scheduled settlement negotiations.
Is there anything I need to do at this time?
At this point, the class action case has not been settled. It also has not been certified to proceed as a class action.
If you want to bring your own claim, you
can do so now and opt out either now or when you receive the class action notice. Or the class may be defined as those people who have not sued or settled their claims, and you could be automatically opted out of the settlement.
As settlement has not been reached nor a class certified, there is nothing you are legally required to do at this time. However,
there is no reason to wait.
For a free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
What happens if I don’t opt out of the Class Action lawsuit or future Settlement?
It depends on how the settlement is structured, but generally, if you do not opt out of the settlement you will be
bound by its terms. You will receive any benefits offered in the settlement, either automatically or by submitting a claim form.
However, you will not be able to get more or bring any individual case over the defective Ram EGR coolers, except possibly for personal injury claims.
Why should I opt out of any class action or settlement?
Some class actions provide significant benefits without the need to do much other than complete a claim form. And because the matter is settled, as long as the court approves the settlement you will get the relief described in the class notice.
However, many other people who know their rights may decide that the relief offered as part of the class action settlement is not adequate, that they do not want to wait to get relief, or that they could get more if they do not participate in the class action settlement and go their own way with their own lawyer. This depends on a variety of factors, such as how old is your car, can you document the defect that occurred in your car, have you taken it in for repairs on more than one occasion, do you still own the vehicle, is it still under warranty and where you bought the care – among many other factors.
Depending on the answers to those questions, while there is no guarantee you will receive any recovery, if you opt-out, you may have the opportunity to receive significant relief, including a
vehicle repurchase and possible penalties.
What is the Song Beverly Warranty Act?
Song-Beverly, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is “reasonable” is not part of hard and fast rules – safety defects should be fixed immediately, for example. The defects have to be important, and must “substantially impair the vehicle’s use, value, OR safety.” Civil Code §1793.22(e)(2).
Under Civil Code §1793.2(d)(1), manufacturers
must promptly repurchase or replace the vehicle they cannot fix in a reasonable time frame. In addition, Civil Code §1794(c) and §1793.2(d) provides that customers may have a civil penalty up to two times actual damages if manufacturers acted “willfully” (meaning knowingly, but not necessarily with wrongful or malicious intent) in ignoring or failing its obligation under Song-Beverly.
Finally, under Civil Code §1794(d),
manufacturers must pay the plaintiff’s attorney’s fees and costs as part of the settlement. The Song-Beverly Act is a pro-consumer fee-shifting statute.
For a
free lemon law consultation
fill out the form below or call us at 1-855-OPT-OUT1 (855-678-6881).
What relief could I get if I bring an individual lemon law lawsuit?
Current or former owners or lessees of Ram 1500 EcoDiesel trucks with EGR coolers built between 2014 and 2019 should be aware that California’s lemon laws and other state and federal laws may force Fiat Chrysler to either “
buy the vehicle back” or provide other important compensation.
Under California’s lemon laws, qualifying “lemons” must be bought back, which can mean a large cash refund and payoff of your loan or lease. The refund could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc.
Depending on the circumstances, you could even
qualify for two times your money back. What Fiat Chrysler would have to buy it for has nothing to do with its current worth. There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment.
Those refunds and exclusions are difficult to understand and can be fought against by knowledgeable consumer attorneys. Don’t settle for small-dollar payments or more possible fixes without speaking to a qualified consumer attorney with your individual best interest in mind.
Watch the mail, watch your email, and
contact a consumer lawyer for further advice on a potential lemon law claim.
Free Lemon Law Consultation
There is a lot to consider in deciding whether to pursue an individual lemon law claim.
The
Hanson Law Firm is available to help you sort through these questions and make an informed decision.
Please fill out the form below for a free consultation or call
1-855-OPT-OUT1 (855-678-6881).
Ram 1500 EGR Lemon Law Consultation
All submitted information is treated as confidential and used only for your consultation.
