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Siskinds LLP and Sotos LLP have filed a proposed class action against Fiat Chrysler, Bosch and FCA dealers alleging that illegal defeat devices were installed in Dodge RAM 1500 and Jeep Grand Cherokee vehicles model years 2014-2016.

The proposed action alleges that the FCA defendants and Bosch defendants equipped these vehicles with software that allowed them to defeat emissions testing. It is alleged that under ordinary driving conditions, these vehicles emit levels of pollutants that are far higher than advertised and allowed by law. The proposed action also alleges that the FCA dealers passed on misleading marketing and sales materials about the vehicles to consumers.

Do you own or lease a 2014-2016 Dodge RAM 1500 or 2014-2016 Jeep Grand Cherokee containing a 3.0L diesel engine? Have you ever owned or leased one of these vehicles? If so, we want to hear from you. Please fill out the form below to learn more about our litigation. Your information will be held in strict confidence.

Developments

On January 13, 2017, Siskinds filed a proposed class action against FCA Canada Inc. and FCA US LLC ("Fiat Chrysler") and Robert Bosch Inc., Robert Bosch GmBH and Robert Bosch LLC ("Bosch") regarding the installation of illegal Defeat Devices in certain diesel-powered Dodge RAM 1500 pickup trucks and Jeep Grand Cherokees. Siskinds is working cooperatively with Sotos LLP ("Sotos") to pursue the litigation.

On January 17, 2019, Siskinds and Sotos amended their pleadings to add Scarsview Motors Ltd. and other authorized motor vehicle dealers of FCA Canada ("FCA dealers") as part of a defendant-dealer class.

The litigation is ongoing, and has not yet been certified.

July 2019

We are providing this update to clarify some confusion resulting from the recent recall notice that you may have received from FCA concerning your vehicle.

FCA has settled the class action lawsuit brought against it in the United States about the same diesel emissions cheating allegations. As part of that settlement, FCA is paying its American customers up to US$3,075 in compensation, and performing a software reprogramming to the vehicles’ emission system backed by an extended warranty.

Although the applicable emissions regulations and the vehicles are identical in Canada, FCA has not settled this proposed Canadian class action. It has recalled affected vehicles in Canada to perform the software reprogramming, but is not offering monetary compensation or an extended warranty to Canadians.

As a result of the confusion caused by this recall in Canada as well as the potential legal implications of the recall for Canadians, we applied to the court for an order requiring FCA to send a notice to all Canadian vehicle owners and lessees clarifying the effect of the recall and advising them of the existence of this ongoing class action in Canada.

In its response, FCA confirmed in writing that it would not seek a release from Canadian owners and lessees who choose to take their vehicles to FCA dealers for this software reprogramming. The Court dismissed the plaintiffs’ request.

There is no legal impediment at this time to the Canadian owners and lessees obtaining the software reprogramming insofar as this proposed class action is concerned. However, we are not in a position to advise whether the software reprogramming will have an impact on the affected vehicles’ performance or fuel efficiency.

We continue to litigate this case in Canada and will post updates as the case moves forward. If you have not signed up for updates on the case, please do so using the form below.

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

Who is affected by this class action?

You are affected by these class actions if you owned or own, leased or lease in Canada one of the following vehicles equipped with EcoDiesel engines:

  • Dodge RAM 1500, model years (inclusive) 2014-2016
  • Jeep Grand Cherokee, model years (inclusive) 2014-2016

Do I have to pay anything to participate in the class action?

No. Class action will be paid on a contingency basis. This means that class counsel is only paid if successful. Class counsel will be paid a percentage of any settlement or court award, subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt out (exclude yourself from the class action), then assuming you fall within the scope of the class definition, you are automatically included in the class action.

What should I do to protect my rights?

To protect your rights, you should keep any documents evidencing your purchase and/or lease of the vehicles that are covered by the class action.

On January 13, 2017, Siskinds filed a proposed class action against FCA Canada Inc. and FCA US LLC ("Fiat Chrysler") and Robert Bosch Inc., Robert Bosch GmBH and Robert Bosch LLC ("Bosch") regarding the installation of illegal Defeat Devices in certain diesel-powered Dodge RAM 1500 pickup trucks and Jeep Grand Cherokees. Siskinds is working cooperatively with Sotos LLP ("Sotos") to pursue the litigation.

On January 17, 2019, Siskinds and Sotos amended their pleadings to add Scarsview Motors Ltd. and other authorized motor vehicle dealers of FCA Canada ("FCA dealers") as part of a defendant-dealer class.

The litigation is ongoing, and has not yet been certified.

July 2019

We are providing this update to clarify some confusion resulting from the recent recall notice that you may have received from FCA concerning your vehicle.

FCA has settled the class action lawsuit brought against it in the United States about the same diesel emissions cheating allegations. As part of that settlement, FCA is paying its American customers up to US$3,075 in compensation, and performing a software reprogramming to the vehicles’ emission system backed by an extended warranty.

Although the applicable emissions regulations and the vehicles are identical in Canada, FCA has not settled this proposed Canadian class action. It has recalled affected vehicles in Canada to perform the software reprogramming, but is not offering monetary compensation or an extended warranty to Canadians.

As a result of the confusion caused by this recall in Canada as well as the potential legal implications of the recall for Canadians, we applied to the court for an order requiring FCA to send a notice to all Canadian vehicle owners and lessees clarifying the effect of the recall and advising them of the existence of this ongoing class action in Canada.

In its response, FCA confirmed in writing that it would not seek a release from Canadian owners and lessees who choose to take their vehicles to FCA dealers for this software reprogramming. The Court dismissed the plaintiffs’ request.

There is no legal impediment at this time to the Canadian owners and lessees obtaining the software reprogramming insofar as this proposed class action is concerned. However, we are not in a position to advise whether the software reprogramming will have an impact on the affected vehicles’ performance or fuel efficiency.

We continue to litigate this case in Canada and will post updates as the case moves forward. If you have not signed up for updates on the case, please do so using the form below.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

Who is affected by this class action?

You are affected by these class actions if you owned or own, leased or lease in Canada one of the following vehicles equipped with EcoDiesel engines:

  • Dodge RAM 1500, model years (inclusive) 2014-2016
  • Jeep Grand Cherokee, model years (inclusive) 2014-2016

Do I have to pay anything to participate in the class action?

No. Class action will be paid on a contingency basis. This means that class counsel is only paid if successful. Class counsel will be paid a percentage of any settlement or court award, subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt out (exclude yourself from the class action), then assuming you fall within the scope of the class definition, you are automatically included in the class action.

What should I do to protect my rights?

To protect your rights, you should keep any documents evidencing your purchase and/or lease of the vehicles that are covered by the class action.

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