Dodge RAM Class Action Says ‘Clean Diesel’ Engines Cheat Emissions

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Dodge Ram 2500 and 3500 Heavy Duty “clean diesel” engines are defective and were deceptively advertised to truck owners, according to a class action lawsuit.

The complaint filed on Nov. 14 accuses Dodge Ram manufacturer FCA US LLC (Fiat Chrysler Automobiles) and the maker of the truck’s engine, Cummins Inc. of knowingly deceiving consumers about the “illegally high levels of diesel emissions in their vehicles.”

Specifically, the class action contends that these Dodge trucks “routinely exceed applicable Federal and California emissions limits.”

“Chrysler and Cummins spent years lying through their teeth and making empty promises to deliver the cleanest trucks on the market – lip service to deceptively dominate what they saw as a profitable market,” plaintiff attorney Steve Berman, managing partner of Hagens Berman said in a statement.

The Dodge Ram clean diesel deceptive marketing class action states that back in 2001, Chrysler and Cummins saw a “golden opportunity” when the Environmental Protection Agency came out with its new emission standards which would be required for vehicles in 2010.

In 2007, they released the Dodge Ram with the Cummins 6.7-liter “clean diesel” engine, which used sophisticated absorbers and filters to remove nitrogen and particulates from diesel exhaust. Both FCA and Cummins advertised the new engine as “cleanest” in its class and better for a “healthier environment.”

However, independent testing allegedly shows that the Dodge Ram clean diesel engine actually fails emission standards, by a large margin. The complaint states that the legal maximum for nitrogen emissions in diesel engines in 200 mg/mile for stop-and-go driving.

The class action asserts that the Dodge Ram emits over 700 mg/mile on average, and over 2,800 mg/mile at its maximum. That is because, according to the class action, the nitrogen absorber and filter frequently get saturated and enter “regeneration” modes where they do not operate effectively.

In addition to the emission issue, the Dodge Ram clean diesel class action alleges that the catalytic converter in the Cummins engine, which is responsible for making diesel fuel cleaner to burn, is defective.

The complaint states that the converter wears out more quickly than it should, which burns more fuel and costs consumers between $3,000 and $5,000 to replace, often just after the truck’s warranty has expired.

Plaintiffs James Bledsoe, Paul Chouffet, Jay Martin and Martin Rivas all state that they purchased Dodge Ram trucks with the defective Cummins engine. They claim that they purchased their Dodge trucks partly because of the “clean diesel” engine.

The complaint contends that had they known the truth about the high emissions and defective engine, the plaintiffs would not have purchased their vehicles, or would have paid much less for them.

The plaintiffs request certification of a Class of “[a]ll persons or entities in the United States who owned or leased an ‘Affected Vehicle’ as of November 1, 2016.”

The complaint lists “affected vehicles” as:

• 2007–2010 Dodge Ram 2500 with Cummins diesel (2WD, 4WD)
• 2011–2012 Dodge Ram 2500 with Cummins diesel (non-SCR systems, 2WD, 4WD)
• 2007–2010 Dodge Ram 3500 with Cummins diesel (2WD, 4WD)
• 2011–2012 Dodge Ram 3500 with Cummins diesel (non-SCR systems, 2WD, 4WD)

The Dodge Ram class action alleges violations of federal racketeering and state consumer protection laws, and seeks restitution and punitive damages for consumers.

The plaintiffs are represented by Steve W. Berman and Jerrod C. Patterson of Hagens Berman Sobol Shapiro LLP, Christopher A. Seeger of Seeger Weiss LLP, James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC, Robert C. Hilliard of Hilliard Munoz Gonzales LLP, and E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC.

The Dodge Ram “Clean Diesel” Engine Class Action Lawsuit is James Bledsoe, et al., v. FCA US LLC, et al., Case No. 2:16-cv-14024, in the U.S. District Court for the Eastern District of Michigan.

UPDATE: On May 14, 2018, an amended class action lawsuit was filed against FCA US LC and Cummins Inc. over allegations 2007-2012 Dodge Ram 2500 and 3500 trucks contained defeat devices installed in order to cheat emissions testing. The 923-page amended complaint includes a “comprehensive body of evidence” that outlines the plaintiffs’ lawyers’ findings that defeat devices were installed in the Dodge Ram trucks with the defendants’ knowledge.

UPDATE 2: On July 9, 2018, Fiat Chrysler asked a court to dismiss an amended Dodge Ram emissions cheating class action, arguing that the plaintiffs failed to support their claims with sufficient evidence.

UPDATE 3: On Aug. 13, 2018, plaintiffs in a Fiat Chrysler emissions class action recently defended their allegations to the court arguing that extensive testing shows that the auto maker lied about truck emissions.