Chrysler Pacifica Class Action Says Vehicles Have Stalling Defect

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FCA US LLC has been hit with a class action lawsuit that alleges an engine defect in certain Chrysler Pacifica vehicles causes them to shut off or stall without warning.

The alleged Chrysler Pacifica stalling defect allegedly affects all 2017-2018 Chrysler Pacifica vehicles equipped with a 3.6-liter V6 engine and a 9-Speed 948TE FWD automatic transmission.

According to the FCA class action lawsuit, more than 50 individuals have reported to the National Highway Traffic Safety Administration that their vehicles lost power without warning.

Individuals reported that they had experienced the Chrysler Pacifica stalling defect at varying speeds, including while idling, traveling 40 miles per hour on municipal roads, and while traveling at highway speeds.

“The Stalling Defect prevents the driver from operating the vehicle as intended, which results in a range of unsafe conditions, including the inability to change speed or steer, often while in traffic and at high rates of speed,” the Chrysler Pacifica class action lawsuit states. “The hazards presented – to the driver and others – by the driver’s loss of control are unreasonable.”

Plaintiffs Ryan and Sarah Wildin claim they purchased a new 2017 Chrysler Pacifica in September 2016, believing the vehicle would be safe and reliable. However, after purchasing the vehicle, they claim they experienced the stalling defect on multiple occasions.

According to the Chrysler Pacifica class action lawsuit, the Wildins’ vehicle stalled while they were driving on the highway and they were nearly rear-ended by another vehicle. They subsequently took the vehicle in to an authorized FCA repair facility for repairs.

The Wildins’ Chrysler Pacifica vehicle continues to exhibit the alleged stalling defect and they claim that FCA has been unable or unwilling to repair it. According to the FCA class action lawsuit, they would not have purchased the Chrysler Pacifica if they had known it contained a dangerous stalling defect.

Based on consumer complaints, FCA is aware of the Chrysler Pacifica stalling defect, the Wildins claim in the stalling defect class action lawsuit.

The Wildins filed the Chrysler Pacifica class action lawsuit on behalf of themselves and a proposed Class of individuals who purchased or leased any 2016 or 2017 Chrysler Pacifica vehicle from an authorized FCA dealer. They also seek to represent subclasses of consumers who reside in California, who purchased or leased their vehicles in California, and/or who are considered “consumers” under the California Consumers Legal Remedies Act.

The Chrysler Pacifica class action lawsuit asserts claims for violations of California’s Consumers Legal Remedies Act, Unfair Competition Law, breach of implied warranty pursuant to the Song-Beverly Consumer Warranty Act, breach of implied warranty pursuant to the Magnuson-Moss Warranty Act and unjust enrichment.

The plaintiffs are seeking restitution; attorneys’ fees and costs; exemplary and statutory damages; declaratory relief; and other damages.

The Wildins are represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett, and Karen L. Wallace of Capstone Law APC.

The Chrysler Pacifica Stalling Defect Class Action Lawsuit is Ryan and Sarah Wildin v. FCA US LLC, Case No. 3:17-cv-02594, in the U.S. District Court for the Southern District of California.

UPDATE: On May 11, 2018, drivers fought back against Fiat Chrysler’s attempt to toss out a class action lawsuit claiming Pacifica vehicles are defective, after extensive back and forth with the company over the last few months.