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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
I was going to purchase a Ford truck. They would not take my 2015 Ram Ecodiesel in as a trade in due to the engine.
I bought a 2014 RAM Ecodiesel 6 years ago and now I’m having problem after problem, especially after bringing it in for the AEM recall in January. I am about to trade it in after I get all the problems fixed and get a new truck. I would like to join in the class action lawsuit.
I bought a 2016 ecodiesel brand new $50000. and 4 years later the value is just $22000. because nobody want them to many trouble with check engine and mechanical also last summer i went to the dealer for a recall very weird no explanation it said logiciel update since this update my acelaration is not the same , it’s not the vehicule that i bought 4 years ago . i looking to buy a waranty extention for the next 3 years that a need to clear the debt, we are testing their mechanical faults
Currently stuck in Florida and my 2016 ecodiesel 1500 has been sitting at the dealership since Jan. First took it to them and the code said it was a faulty 3 way valve. I had questioned whether or not it was related to this recall I was hearing about. No this is a seperate isssue. Had it changed to the tune of 1k CAD only to have the check engine light come on three days later an this time it is related to the recall and my truck sits there still. Was given a rental van but can’t go back home. Now with the coronavirus I am being advised to head home. Leave my truck and travel trailer here (who is going to pay for the storage of my trailer and the price of my transportation home and then back here once it is fixed.) was also told that if i leave the country (USA) no more rental vehicle.
I have a 2016 ram ecodiesel that has failed cooler and is now sitting at the dealership because there are no parts. Had AEM update in December and it now runs like a piece of crap. Add me to the list