FCA Faces Amended Dodge Ram Clean Diesel Class Action Lawsuit

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Last week, 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.

The Dodge Ram class action lawsuit alleges Cummins and FCA colluded together to design and build a truck that would pass the emissions tests during routine testing conditions but would fail during regular driving conditions.

“Since Volkswagen was caught red-handed in the Dieselgate scandal, Hagens Berman and my co-counsel have dedicated time and resources to individually testing and researching emissions across the diesel industry,” Steve Berman, managing partner of the law firm Hagens Berman Sobol Shapiro LLP, said.

“We appreciate the thoroughness the court has applied to this case and look forward to proving our findings that Fiat Chrysler and Cummins knowingly installed multiple illegal devices in their Dodge RAM trucks to cheat emissions tests.”

The plaintiffs’ attorneys conducted testing of the Dodge Ram trucks on a chassis dynamometer, which they explain is like a treadmill for vehicles that is used to test performance in real-world driving conditions. They also measured emissions of oxides of nitrogen, methane, total hydrocarbon, carbon monoxide and carbon dioxide.

They reportedly found that a defeat device allowed the trucks to pass emissions testing during routine testing but fail during real-world driving situations.

The testing reportedly also found a secondary defeat device that increases the active regeneration frequency for diesel particulate.

“In order to compensate for the trucks’ engine design that prioritizes torque and power over legal emissions standards, Cummins introduced a defeat device to dramatically increase the active reintegration frequency,” according to a press release from Hagens Berman. “In stop-and-go driving, the 2007 vehicle performed active regeneration 15.8 percent of the vehicle miles traveled, 10 times the frequency allowed in the federal emissions test.”

The vehicles covered by this proposed FCA class action lawsuit include 2007-2012 Dodge Ram trucks with a Cummins 6.7 liter engine.

The Dodge Ram emissions cheating class action lawsuit asserts claims for fraudulent concealment, false advertising, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and consumer protection laws.

The Dodge Ram class action lawsuit was initially filed in November 2016.

The plaintiffs are represented by Steve W. Berman and Jerrod C. Patterson of Hagens Berman Sobol Shapiro LLP; E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC; Christopher A. Seeger of Seeger Weiss LLP; James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC; Paul J. Geller, Mark J. Dearman and Stuart A. Davidson of Robbins Geller Rudman & Dowd LLP; and by Jerry E. Martin, David W. Garrison and Seth M. Hyatt of Barrett Johnston Martin & Garrison LLC.

The Dodge Ram Clean Diesel Engine Class Action Lawsuit is James Bledsoe, et al. v. FCA US LLC and Cummins Inc., Case No. 4:16-cv-14024-TGB-RSW, in the U.S. District Court for the Eastern District of Michigan.

UPDATE: 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 2: 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.