Jeep Cherokee Class Action Lawsuit Alleges Transmission Defect

The transmission found in Jeep Cherokee vehicles is defective and increases the risk for accident and injury, according to a class action lawsuit recently filed by a disgruntled consumer.

Plaintiff Lisa Cummings filed the Jeep class action lawsuit against FCA US LLC over claims that the 9-speed transmission found in the 2016 Jeep Cherokee is defective and consistently fails to shift into the desired gear.

Cummings says she purchased a 2016 Jeep Cherokee in January 2016, believing that the vehicle was “safe and reliable and, therefore, a good value.”

However, she allegedly soon began experiencing problems related to the 9-speed transmission installed in the vehicle. Cummings claims that the vehicle fails to reliably switch gears or stay in the desired gear. For example, it reportedly takes more than a minute for the vehicle to shift from reverse to drive.

In multiple instances, Cummings’ vehicle suddenly accelerated or decelerated due to the alleged transmission issue. During one dramatic instance, Cummings says she was driving down the freeway with her grandchildren at a speed of around 70 miles per hour. The vehicle suddenly downshifted and decelerated to a speed of around 25 miles per hour.

A semi-truck which was driving behind Cummings nearly hit her vehicle as a result of the alleged transmission failure. Cummings says she now feels unsafe driving her Jeep Cherokee and does not use the vehicle on the highway.

Due to the faulty transmission and dangerous defect, Cummings returned to the dealership and told the employees about her vehicle problems. The dealership allegedly flashed her vehicle and told her it would not be a problem anymore.

However, the Jeep Cherokee class action lawsuit claims the problem persisted. Cummings reportedly returned to the dealership eight times between January 2016 and January 2018 in an attempt to fix the issue. However, the dealership allegedly failed to acknowledge the transmission issue and did not fix the dangerous problem.

The Jeep Cherokee transmission class action claims that FCA knew or should have known that their 9-speed transmission found in Jeep Cherokee vehicles was defective, but concealed the dangers in order to entice consumers to purchase their vehicles.

“The existence of the Defect is a material fact that a reasonable consumer would consider when deciding whether to purchase or lease a Class Vehicle,” the Jeep Cherokee class action claims. “Had Plaintiff and Class Members known that the Class Vehicles were equipped with defective transmissions they would not have purchased or leased them or would have paid less for them.”

A settlement has been reached over similar allegations regarding Fiat Chrysler vehicles. The settlement was proposed in February after almost three years of litigation. Should the settlement be approved, it will provide an extended warranty, cash payment of up to $2,000, or a trade-in voucher for up to $4,000.

Cummings seeks to represent a Class of consumers who purchased or leased a 2016 Jeep Cherokee equipped with the 9-Speed Transmission. She also seeks to represent a subclass of the same consumers who live in New York or purchased their vehicle in New York.

The Jeep Cherokee class action lawsuit seeks compensatory damages, treble damages, statutory damages, punitive damages, restitution, disgorgement, court costs, and attorneys’ fees.

Cummings is represented by Todd S. Garber and D. Greg Blankinship of Finkelstein Blankinshp Frei-Pearson & Garber LLP.

The Jeep Cherokee Transmission Defect Class Action Lawsuit is Cummings v. FCA US LLC, Case No. 5:18-cv-01072-GTS-TWD, in the U.S. District Court for the Northern District of New York.