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Dodge Demon Hood Scoop Class Action Lawsuit Overview:
- Why: The plaintiff’s claims of Dodge’s misleading marketing and defective parts were inadequate.
- Who: A California judge dismissed a class action lawsuit against Dodge, or Fiat Chrysler.
- Where: The class action lawsuit was filed in California federal court.
A California judge dismissed a class action lawsuit filed against Fiat Chrysler, parent company of Dodge, that alleged the company knew its 2018 Challenger SRT Demon hood scoops were defective.
The lead plaintiff, Brian Garlough, bought a 2018 Dodge Challenger SRT Demon in July 2018, which features an Air Grabber hood scoop. Garlough claimed the hood scoop expands, contracts, warps, and vibrates when the car is in motion, allegedly causing damage to the car’s original factory paint. The class action lawsuit claimed that Fiat Chrysler knew about this defect, but concealed it in order to continue to sell the car.
Garlough had already filed three amendments of the class action lawsuit before this dismissal.
Claims Against Dodge Demon Hood Scoop Too Weak for Court
Garlough’s complaint alleged that Dodge advertised the Demon hood scoop as the largest functional cold air intake hood, which contradicts Garlough’s experience of the hood vibrating and chipping the paint.
However, Judge Mendez ruled that Fiat Chrysler’s statements about the “hood’s general functionality are the kind of generalized, vague, and unspecific assertions that constitute non-actionable puffery.” Such promotional exaggeration cannot be the basis for fraud or negligence claims per California law, concluded the judge.
Further, Mendez ruled that not only does chipped paint not pose a safety hazard, but that such a cosmetic issue does not have to be disclosed by Fiat Chrysler.
Do you own a Dodge Challenger SRT Demon? Have you experienced any issues with the hood scoop? Let us know in the comments below!
The plaintiff is represented by the Law Offices of Connor W. Olson.
The Dodge Demon Hood Scoop Class Action Lawsuit is Garlough, et al., FCA US LLC, Case No. 2:20-cv-01879-JAM-AC, in the U.S. District Court for the Eastern District of California.
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