Christina Spicer  |  January 12, 2021

Category: Auto News

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Does the Challenger hood scoop affect its performance?

A class action lawsuit that claims a Dodge Challenger hood scoop negatively affects the vehicle’s performance should be tossed, according to a motion to dismiss submitted by the carmaker last week.

Lead plaintiff Joe Peralta alleged a design choice in the elite muscle car the Challenger SRT Demon ends up causing damage and affecting performance. In his class action lawsuit, Peralta claims FCA misled consumers and failed to fix problems related to the Challenger hood scoop.

In a motion to dismiss the company recently filed in California federal court, FCA argued the hood scoop does not affect the performance of the vehicle. In addition, the carmaker pointed out it repeatedly offered to fix Peralta’s car under the terms of the warranty, but the plaintiff refused.

“This is not a case where a vehicle was repeatedly repaired under warranty followed by a refusal to repair because of the lapse of that warranty,” FCA argued in its motion. “This is a case where a warrantor has made, and is trying to make, every effort to comply with its warranty obligations and the product owner is simply refusing to allow it to do so.”

In addition, FCA contested class action lawsuit claims that the carmaker falsely advertised the performance of the vehicle because, to get to top speeds, special fuel and additional parts need to be purchased for the Demon to meet its top advertised horsepower.

Does the Challenger hood scoop affect its performance?

FCA maintains it discloses the need for more parts and more expensive fuel in its advertising materials for the Challenger SRT Demon.

The class action lawsuit contended the Challenger hood scoop buckles and sags and that an insert used in the component meant to allow more air into the engine can warp.

Additionally, the hood scoop causes chips and cracks, alleged the plaintiff, who claimed to have spent more than $150,000 on his Challenger SRT Demon.

FCA fought these claims, as well, arguing it did not violate federal warranty law because the alleged defect does not affect the performance of the car.

“What plaintiff complains about is a cosmetic issue … and a lack of promised extreme horsepower,” the motion states. “Neither of these conditions has affected the drivability of plaintiff’s vehicle. Indeed, he does not even allege that they have.”

The company also disputed the plaintiff’s proposed damages, arguing a class action lawsuit is not the appropriate way in which to litigate such large amounts — $85,000 for each Class Member and $166,000 claimed by the lead plaintiff.

Has your vehicle been affected by the alleged Dodge Challenger hood scoop defect? We want to hear about your experience! Tell us in the comment section below.

The lead plaintiff and the proposed Class Members are represented by Connor W. Olson of The Law Offices of Connor Olson and Tiangay M. Kemokai of Tiangay Kemokai Law PC.

The Dodge Challenger Hood Scoop Class Action Lawsuit is Joe Peralta, et al. v. FCA US LLC, et al., Case No. 5:20-cv-02307, in the U.S. District Court for the Central District of California.

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