Dodge Ram Class Action Targets Engine Defect

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A California man filed a proposed class action lawsuit against FCA (formerly Chrysler Group) claiming the automaker’s Dodge Ram engines have an inherent defect, making it impossible for the trucks to pass required smog inspections.

Plaintiff Ricardo Castro brought forth the FCA smog defect class action alleging breach of warranty, fraud by omission, and unfair competition, specifically claiming that FCA was aware the vehicles engines would not meet smog requirements or comply with California emissions laws yet concealed this information from the consumer public.

“Notwithstanding this knowledge, FCA has sold and leased the class vehicles, and has failed to revise a remedy which would result in the class vehicles being in compliance with California emissions law,” Castro’s attorneys stated. “Furthermore, FCA has concealed from the public and from class members that the class vehicles are not smog compliant.”

As a result of the alleged engine defect, Castro has been unable to have his vehicle pass California emissions testing and has suffered a financial loss. He claims that while still under warranty, his vehicle did not pass a required smog inspection and he subsequently took the truck to an authorized FCA repair facility to remedy the situation in order to have the truck pass the smog test.

The FCA authorized repair facility performed repairs but was unable to fix the alleged smog defect, advising Castro that he would need to drive the Dodge Ram truck more than 100 miles after repairs were done to resolve the emissions problem. To date, Castro’s truck has been unable to pass a smog check.

According to the complaint, the “FCA has been advised of the emissions defect, and of the resulting harm to class members; however, FCA has failed to unconditionally reimburse Castro or other class members for the damages that have resulted from the emissions defect, and has failed to resolve the emissions defect.”

As a result of the FCA’s alleged misconduct, Castro is seeking certification of California Class of owners and lessees of 2013 Dodge trucks with the defective engine and unspecified damages in excess of $5 million. The proposed Class is also seeking a declaration the FCA is financially responsible for notifying all Class Members about the defective nature of the vehicles and an order enjoining FCA from further deceptive practices.

This is not the first time the FCA has been under fire for deceptively concealing information on its vehicle’s systems. A class action lawsuit was filed earlier in Illinois over allegations that its Fiat cars’ Uconnect infotainment systems are vulnerable to hacking.

Castro is represented by Robert Starr and Adam Rose of the Law Office of Robert L. Starr, and Art Kalantar of Pillar Law Group APLC.

The Dodge Ram Engine Smog Defect Class Action Lawsuit is Castro v. FCA US LLC, Case No. 2:16-cv-02130, in the U.S. District Court for the Central District of California.