A website has been set up for Class Members in a class action settlement over allegations that certain Chrysler, Dodge and Jeep vehicles were manufactured with defective automatic head restraints.
Though the website is live, the settlement is not accepting claims at this time. A judge has yet to approve the settlement deal. Top Class Actions will provide information on how to file a claim as soon as the details are available.
Under the terms of the settlement, FCA US, also known as Chrysler Group, does not admit any wrongdoing, but has agreed to pay owners of affected vehicles class action rebates for the expense of replacing their automatic head-restraint systems. The details of the class action settlement are not yet available, but owners of the following vehicles may be able to take part:
- 2010-2018 Dodge Journey
- 2010-2011 Dodge Nitro
- 2010-2012 Jeep Liberty
- 2010-2017 Jeep Patriot or Compass
- 2010-2012 Dodge Caliber
- 2010-2018 Dodge Caravan
- 2010-2018 Town & Country
- 2011-2018 Dodge Durango
- 2011-2018 Jeep Grand Cherokee
- 2010-2014 Sebring/Avenger
- 2010-2014 Chrysler 200
The settlement website indicates that the Court has certified a number of legal claims to be included in the class action lawsuit, including allegations for violations of California consumer protection and business laws and for breaches of implied and express warranties.
According to the settlement notice, Class Members may need to submit a claim form to take part in the settlement after the case is wrapped up.
Class Members who wish to opt out of the class action settlement will need to submit a statement to the settlement administrator by Dec. 28, 2020.
Lead plaintiff Shawn Alger alleged in a class action lawsuit that FCA US sold vehicles with defective automatic head restraint (AHR) systems.
AHR systems are safety features in newer vehicles. According to the settlement website, they deploy or move forward when the vehicle is rear-ended. The class action lawsuit alleged that, in certain vehicles 
manufactured by FCA US and its affiliates, the AHR systems deployed randomly when the vehicle was not in a collision.
“The intent of the system is to prevent the head from whipping back during a rear end collision,” the plaintiff’s second amended complaint explained.
“Unfortunately for Plaintiff, and potentially thousands of other individuals, the headrests in the Class Vehicles are prone to abruptly deploy even when the car is not involved in a collision and while it is being operated under normal driving conditions.”
According to the class action lawsuit, the defective headrests posed significant risks to vehicle occupants, including head injuries and potentially distracting the driver when it hits them in the head suddenly and forcefully.
The National Highway Transportation Administration (NHTA) had documented the “widespread problem,” according to the complaint.
Indeed, the plaintiff pointed out that the agency has received more than 90 complaints about defective AHR systems in Chrysler vehicles, 15 of which documented head, neck or facial injuries to the drivers. In addition, 35 complaints allegedly indicated the unexpected deployment of the AHR nearly caused an accident.
“Inspection of the headrests has revealed that the reason they are malfunctioning is that a critical bracket in the system is made from an inferior plastic material that is prone to cracking,” the complaint stated. “When the plastic bracket fails, this causes the headrest to suddenly and unexpectedly shoot forward.”
“There is no way to predict when the bracket will fail,” the class action lawsuit warned. Further, once the bracket fails and the AHR is deployed, the head rest cannot be reset, according to the complaint.
The plaintiff contended the car maker knew or should have known about the defective AHR systems in its vehicles. However, Chrysler allegedly ignored complaints and steadfastly refused to offer vehicle owners any remedy, such as paying for repairs or replacements.
The plaintiff sought to represent other California owners and lessees of Chrysler Group vehicles equipped with a defective AHR system. The complaint accused the carmaker of violating several California consumer protection laws, as well as breach of warranty.
At this time, no claim form is available. According to the settlement website, a claim form may become available to Class Members in order to submit a claim once the litigation has ended. Be sure to check the settlement website for updates.
Do you own a vehicle with an allegedly defective automatic head restraint system? Tell us about your experience in the comment section below.
The lead plaintiffs and Class Members are represented by William A. Kershaw, Stuart C. Talley and Ian J. Barlow of Kershaw, Cook & Talley PC; and Mark P. Chalos of Lieff Cabraser Heimann & Bernstein LLP.
The Defective AHR Class Action Lawsuit is Shawn Alger v. FCA US LLC f/k/a Chrysler Group LLC, Case No. 2:18-CV-00360-MCE-EFB, in the U.S. District Court for the Eastern District of California.
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13 thoughts onCalif. FCA Automatic Head Restraints Class Action Settlement Website Is Live
I didnt know about this class action lawsuit. I was in a car accident and was seriously injured requiring surgery to my neck. The air bags did not deploy.