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The plaintiffs in a Canada EcoDiesel emissions cheating class action lawsuit have amended their complaint lodged in the aftermath of a worldwide scandal over illegal device defeating software.
The lead plaintiffs, Robert Maginnis and Michael Magnaye, allege in the EcoDiesel emissions cheating class action lawsuit that Fiat Chrysler of Canada and Robert Bosch LLC conspired to include defeat devices that could cheat on emissions testing in certain vehicles, including the Dodge Ram 1500 and Jeep Grand Cherokee. The devices were reportedly included in model year 2014-2016 vehicles.
The EcoDiesel emissions cheating class action lawsuit was amended to include car dealerships, alleging that Fiat Chrysler dealerships breached express and applied warranties when it came to vehicles with the defeat device installed.
According to the complaint, Bosch and Fiat Chrysler dealerships each played a part in installing defeat devices and withholding this information from the public.
“These devices render the emission control systems of the Vehicles ineffective and constitute one or more Defeat Devices, which are banned under Canadian and US law,” alleges the EcoDiesel emissions cheating class action lawsuit.
“The Defeat Devices permitted the Vehicles to pass regulatory emissions tests in that the Defeat devices detected laboratory testing conditions and falsely showed the Vehicles’ emissions to be low during testing.”
Not only do the emissions levels of these vehicles go above regulatory maximums, allege the plaintiffs, but the level of noxious gases produced by vehicles with the defeat devices far also exceed regulatory requirements. Despite this, Fiat Chrysler marketed the vehicles as “clean diesel” and “ultra clean.”
“The Defendants knew that these attributes enhanced the value of the Vehicles in the minds of customers,” contends the EcoDiesel emissions cheating class action lawsuit.
According to the plaintiffs, the nature of diesel-burning engines leads to higher emissions of noxious gases, including NOX and other pollutants. In a tightening regulatory environment and in response to consumer demand, car makers began to manufacture so-called “clean” diesel vehicles.
However, lowering emissions has an effect on the performance of the vehicle, states the EcoDiesel emissions cheating class action lawsuit, including on acceleration and fuel efficiency.
In Canada, carmakers must adhere to certain emissions standards provided by law. Many of these standards mirror U.S. law, specifically the prohibition of defeat devices for emissions standard testing.
The plaintiffs say that Bosch, an automotive supplier, ignored this prohibition and began installing defeat devices. Car manufacturers were complicit in this deceit because they allegedly knew defeat device software was installed in the vehicles. The plaintiffs say they withheld this information from consumers, lowering the value of the vehicles they purchased.
The EcoDiesel class action lawsuit seeks to represent a nationwide Class, in Canada, of people who owned or leased a 2014-2016 Jeep Grand Cherokee or Dodge Ram 1500.
Another emissions cheating class action lawsuit was filed in the United States and Fiat Chrysler agreed to pay more than $300 million to settle those allegations.
Did you purchase or lease a vehicle with an emissions cheating device? Tell us more in the comments below!
The plaintiffs are represented by Daniel Bach and M. Eva Markowski of Siskinds LLP and David Sterns, Louis Sokolov, Jean-Marc Leclerc, and Mohsen Seddigh of Sotos LLP.
The EcoDiesel Emissions Cheating Class Action Lawsuit is Maginnis, et al. v. FCA Canada Inc., et al., Case No. CV-17-567691-00CP, in the Ontario Superior Court of Justice, Canada.
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25 thoughts onCanadians File Amended EcoDiesel Emissions Cheating Class Action
Bought a 2016 ecodiesel 1500 had the latest update now gets horrible fuel mileage and has a hesitation when you push on the pedal gutless.Just rented a 2020 Ram 1500 with the 5.7,it was getting better mileage.Was told by a few dealers and wholesalers that no one wants the eco diesel, low trade in value.
I have a 2014 Cherokee that has had all the same issues as above noted….. how do we register for claim/settlements
When should expect an update on the class action. You think it will be same as what was awarded in the United States.
I have a 2014 eco diesel it’s on its 3rd motor was in the shop more then on the road have the limp mode come on 4 times now dealers are just playing dumb to all the problems with these trucks it had the updates now its gutless qnd fuel milage is horrible please qnd me aswell
We had filed a claim an got nothing mailed it in over 4 months ago an emailed it a new copy month ago. We are having problems with differnt engine light on parking lights sincers going off. Since the repairs.
I have a 2016 Ecodiesel. I was driving on highway 7 when all of the sudden the electronic throttle control alarm comes on in my truck and my truck goes into limp mode then smoke starts coming into the cab of my truck and coming from under the hood. My engine light then came on and my low oil pressure light. Amidst all the smoke coming into the cab I managed to pull over on the shoulder of the highway. Had to get it towed to a Local dodge dealer. The dealer then takes a look at my truck and my intake manifold was completely gone. After doing a lot of reading on the subject it sounds like thermal damage to the intake manifold from the EGR cooler failing and cracking causing the intake manifold to suck in hot vapours, which is a recalled part. The dealer is telling me it has nothing to do with the EGR cooler but has to do with soot build up in the valves and that’s what caused the smoke and what caused the intake manifold to fail. I then asked why there was so much soot build up in the valves and they respond with well that’s just what happens to these motors. I find that ridiculous. I have 150000 kilometres on my truck and I do the regular maintenance on it and I did all the AEM recalls pertaining to the emissions and there is no way there should be that much soot build up in the motor. They say it has to do with the EGR cooling down the exhaust to meet emission standards and that happens to these new diesels. I don’t understand how they won’t cover this fix especially if it has to do with the EGR system when part of it is recalled. I then asked them if the AEM emissions recall I did on the truck comes with some sort of warranty and they replied with only in the United States and not in Canada. So now I’m on the hook for roughly a 7000 dollar repair on a three year old diesel truck that was supposed to last. I made a case with the FCA and that didn’t get anywhere. I am very disappointed in Dodge. There are many more Horror stories all over the internet as mine. I can’t understand how they won’t Take the blame for this issue and cover it.
I couldn’t find a class action lawsuit for my 2016 Ecodiesel – first had issue just under warranty – they had to pull the transmission and fix it – they paid – then 30,000 km later it basically blew – ERG system – spewed oil all through exhaust and seized up – fix was $5k – no warranty – (137,000 kms) – I paid and got told it was the fecal diesel and engine knocking was gonna blow etc – so dealer told me trade like TODAY – went to another dealer after paying the $5K – so NOW – I filed my own $35,000 lawsuit against Chrysler and the dealer – Chrysler already offered me a laughable $2500 (half the cost of the ERG cooler) – we go to a settlement conference in a few weeks – but I am alone up against Chryslers lawyers
I own a 2016 Dodge Ram 1500 Laramie Eco Diesel, 77000 kilometres on it now, ever since software update the truck lacks performance and fuel efficiency is closer to a Hemi engine than it is to the wrongfully advertised Eco Diesel. Lost track of the hours I spend at the dealer and on the phone with FCA customer service(if you want to call it that) Best part is the way everybody is trained In this company to pretend in front of the consumers that they don’t have any idea about the issue. Good thing is that the salesman at the dealership where I bought my truck is not very smart and also eager to sell me a new truck, and told me that I need to get rid of this truck as soon as possible, since the engine is nothing but trouble and they have problems servicing them; also told me the lot is full of those trucks and nobody wants them. And this is the best part, because I got it all on video, thinking of going to the media, this needs to be exposed.
I paid if I’m not mistaken around $ 76000 for the vehicle in July 2016, since it had all the available options, not even four years later, it’s in pristine condition with 77000 Kms, dealer offer me $23000, since nobody wants this trucks.
When VW did the same thing, was handed a huge fine, and bought the vehicles back at top dollar to compensate the consumers.
I have the 2015 Dodge 1500 eco diesel it was originally manufactured in canvas and I bought it used from a dealer in Syracuse ny . I had the recall fixed and found out I’m not eligible for the cash settlement because my truck was made in Canada. I went from filling my truck every 2 weeks and getting 24-26mpg to 19mpg and filling my truck every week.
I have 2017 ram had updates done had terrible fuel mileage. Now have main bearing failure. Out of warranty. $15000 to replace