Fiat Chrysler Class Action Filed After 860,000 Vehicle Recall

Fiat Chrysler is facing a class action lawsuit after the recent recall of more than 800,000 vehicles that fail emissions standards.

Plaintiff James Maccariella Jr. claims that he and other consumers were “outraged” on March 13, 2019 when Fiat Chrysler announced that it would be recalling 862,520 cars and hatchbacks due to failed emissions tests.

The recall affects 2011-2016 Dodge Journey (FWD), 2001-2014 Chrysler 200/Dodge Avenger (FWD), 2011-2012 Dodge Caliber (FWB, CVT), and 2011-2016 Jeep Compass/Patriot (FWD, CVT).

Maccariella reportedly owns two of the affected vehicles: a 2015 Jeep Patriot and a 2016 Jeep Compass. Despite the massive recall being imitated, Fiat Chrysler reportedly sent no information to Maccariella about announcements from regulatory bodies such as the Environmental Protection Agency and the California Air Resources Board.

The Fiat Chrysler recall class action lawsuit states that Maccariella would not have purchased his vehicles if he knew that they were not compliant with emissions standards and would be involved in a massive, inconvenient recall.

Due to this surprise recall of hundreds of thousands of vehicles, consumers are reportedly required to devote time and energy to obtaining “critical” repairs for their vehicles.

To repair the emissions problem, consumers reportedly need to replace the affected vehicles’ catalytic converter and make changes to the powertrain control module.

“Because the equipment to perform repairs on their vehicles may be in short supply, and the vehicles’ fixes are being made available on a set quarterly schedule with the oldest vehicles first, consumers must wait their turn for a fix,” the Fiat Chrysler class action lawsuit explains.

“Consumers’ vehicles may thus become an idled resource, parked in driveways without the necessary registrations to be driven, sold, or otherwise utilized.”

The Environmental Protection Agency (EPA) is working with Fiat Chrysler to handle the recall and has set a schedule for repairs based on vehicle model year.

Vehicles of model year 2011 will be repaired in the first quarter of 2019. Vehicles of model year 2012 will be repaired in the second quarter of 2019. Vehicles of model years 2013 and 2014 will be repaired in the third quarter of 2019. Vehicles of model years 2015 and 2016 will be repaired in the fourth quarter of 2019.

Affected consumers are reportedly at the whim of larger agencies and may suffer serious consequences for failing to get their vehicle repaired.

For example, the California Air Resources Board announced that consumers “who fail to get the necessary repairs will not be able to register their vehicles.”

Maccariella argues that this blunt approach only causes consumers more harm as they are not in control of when their vehicle will be repaired.

The Fiat Chrysler recall class action lawsuit seeks to represent a Class of consumers who purchased or leased a 2011-2016 Dodge Journey (FWD), 2001-2014 Chrysler 200/Dodge Avenger (FWD), 2011-2012 Dodge Caliber (FWB, CVT), and/or 2011-2016 Jeep Compass/Patriot (FWD, CVT). He also seeks to represent two subclasses of the same consumers from Michigan and New Jersey, respectively.

The FCA emissions recall class action lawsuit seeks injunctive relief, equitable relief, restitution, compensatory damages, punitive damages, penalties, court costs, and attorneys’ fees.

Maccariella and the proposed Class are represented by Lynn Lincoln Sarko, Gretchen Freeman Cappio, Ryan McDevitt, Rachel Morowitz, and Alison Chase of Keller Rohrback LLP.

The Fiat Chrysler Emissions Recall Class Action Lawsuit is Maccariella v. Fiat Chrysler Automobiles NV, et al., Case No. 2:19-cv-10791-SJM-APP, in the U.S. District Court for the Eastern District of Michigan.