Current or former owners or lessees of 2018-20 Jeep Wranglers and 2020 Jeep Gladiators need to pay close attention to their legal rights regarding a class action settlement. Your rights to lemon law protection are at stake and may be waived by the settlement. You currently have until March 10, 2023, to act or lose your rights.
The issue in the class case is the “Death Wobble,” as it has come to be called, which typically happens when the Jeep hits a bump at highway speeds. This leads to a vibration or shaking that drivers often describe as frightening.
The lawsuit describes it as the “seemingly uncontrollable side-to-side shaking of the Jeep vehicle’s front-end steering components and — by extension — its steering wheel.” The lawsuit further states that
“[t]he “Death Wobble” makes the Jeep unsafe to operate by impairing the operator’s ability to steer and control the Class Vehicle while presenting a safety risk to the occupants and others on the road.”
The company has consistently said the issue is not a safety problem. However, the Death Wobble complaints related to FCA and Jeep date back more than a decade. Current or former owners or lessees should know that California’s lemon law and other state and federal laws may force FCA to either buy the vehicle back as qualifying lemons or provide other compensation, which can mean a large cash refund and payoff of your loan or lease if these Jeep vehicles experience the Death Wobble.
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
Please note we are not counsel for the Class in the class action, nor are we the settlement administrator. Visit the settlement website to file a claim in the class action.
Under California law, any award could be as much as everything you paid for the vehicle and everything you owe: monthly payments, down payments, tax, finance charges, license, registration, etc. Depending on the circumstances, you could even qualify for two times your money back.
There is a formula in the law that starts with you getting all your money back and then taking certain deductions and exclusions away from your payment. Those refunds and exclusions are challenging to understand and can be fought against by knowledgeable consumer attorneys. Don’t settle for small-dollar payments or more possible recall fixes without first speaking to a qualified lemon law attorney with your individual best interest in mind.
Status of the Jeep “Death Wobble” class action
A class-action lawsuit over the Jeep Death Wobble was filed in the United States District Court for the Eastern District of Michigan on June 12, 2019 (Reynolds v. FCA US LLC., 2:19-CV-11745-MAG-EAS) and has been consolidated with several other related class actions.
On August 6, 2021, the plaintiffs filed an Amended Consolidated Class Action Complaint, and FCA filed an Answer on August 27, 2021. On October 14, 2022, the plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement, which was unopposed by FCA and granted by the Court on October 26, 2022.
What Will Happen in the Jeep Death Wobble Class Action Lawsuit?
Since the Court has approved the preliminary settlement, if you have not already, soon you will receive a class notice describing your options. Those options will be: (a) do nothing, in which case you may get nothing but be bound by the settlement, (b) submit a claim form if requested and get whatever relief is made available, and you are also bound by the settlement, or (c) opt-out and pursue your own claims, in which case you are not bound by the settlement but cannot participate in the relief being offered to class members.
Sometimes a class action settlement may provide significant benefits and requires little effort to participate. It also comes with no risk, as the claims have been resolved. And if the plaintiffs prevail at trial, you will receive whatever relief is awarded by the judge or jury. But if they lose, you may not litigate claims over the issues raised in the class action.
For people who have had significant damages or reside in a state that has strong lemon law protections, opting out of the class action and pursuing an individual case or negotiations may provide them an opportunity to receive a better recovery in a shorter period of time. But as always, there is no guarantee of success.
When it comes to vehicle class actions, what to do can be a complicated decision, as it can depend on many factors and an accurate understanding of what the law provides. Here are some important factors to weigh with your consumer lawyer:
- Do you still own the vehicle? (You may still have claims if you don’t)
- Are you willing to consider the opportunity of getting a more significant recovery as compared to taking what is offered in a settlement?
- How old is your Jeep, and what is the mileage?
- Did your Jeep experience a “Death Wobble?”
- Did you ever have any other problems? What were/are they?
- How long was your Jeep in the shop for each repair and in total?
- Did you have repeated repairs attempted?
- When did the problems start?
- When did you first take your Jeep in for repair?
- Where did you buy your Jeep?
- Did you ever ask a dealer or manufacturer to buy the Jeep back?
- If they offered to repurchase it, what deductions did they demand?
A qualified lemon law attorney working with your best interest in mind can help you weigh all these factors and more. We are available to help you sort through these questions and make a well-informed decision.
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
Jeep “Death Wobble” Class Action FAQ
When and where was the Jeep Death Wobble class action lawsuit filed?
Reynolds v. FCA US LLC. (2:19-CV-11745-MAG-EAS) was filed in the United States District Court for the Eastern District of Michigan on June 12, 2019. A Consolidated Amended Class Action Complaint was filed on August 6, 2021.
What does the class action allege is the nature of the Death Wobble in Jeep vehicles?
According to the amended complaint, the “Class Vehicles” (model year 2018–2020 Jeep Wrangler and 2020 Jeep Gladiator) “contain a defectively designed and/or manufactured solid front axle suspension and damping system that causes the steering wheel to shake violently after encountering common and expected road variations while operating at highway speeds. This phenomenon is referred to as the Jeep “Death Wobble,” a term known to FCA and commonly used among Jeep owners to identify this condition.”
The Death Wobble is the seemingly uncontrollable side-to-side shaking of the Class Vehicles’ front-end steering components and – by extension – its steering wheel, presenting a serious safety hazard to the driver of the Class Vehicle and surrounding drivers. The Death Wobble makes the Jeep unsafe to operate by impairing the operator’s ability to steer and control the Class Vehicle while presenting a safety risk to the occupants and others on the road.
What are the affected Jeep models identified in the class action lawsuit?
Class Vehicles are identified as model year 2018–2020 Jeep Wrangler and 2020 Jeep Gladiator.
How many Jeep vehicles are affected by the Death Wobble?
It’s not clear how many vehicles would be involved, but the Amended Complaint noted that the company had “identified approximately 192,000 owners and their Jeep vehicles known to suffer from the defects that manifest as the ‘Death Wobble.’”
How does the Jeep Death Wobble violate the affected vehicle warranty?
The Class Vehicles come with a three-year/36,000-mile Basic Limited Warranty. The Basic Limited Warranty lasts for three years from the date delivery of the Class Vehicle is taken or for 36,000 miles on the odometer, whichever occurs first. The Class Vehicles also come with a five-year/60,000-mile Powertrain Warranty. The Powertrain Warranty covers the engine, transmission, and drive systems.
FCA instructs vehicle owners and lessees to bring their vehicles to an FCA dealership for warranty repairs. According to the Amended Complaint, “[d]espite FCA’s knowledge of the problem—and presumably, its knowledge of how to appropriately remediate and prevent the “Death Wobble” from recurring (replacing suspension systems ball joints, track bar, and upper inner tie rods) — FCA refuses to provide appropriate warranty coverage, instead opting only to replace the Jeep’s steering damper pursuant to the warranty or suggesting to the consumer that they have their tires aligned, rotated, or purchase new tires altogether.
None of FCA’s suggestions are covered by the warranty, nor will they remediate the defect to solve the “Death Wobble” problem.”
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
Are Jeep vehicles experiencing the Death Wobble unsafe?
The “Death Wobble” makes the Jeep unsafe to operate by impairing the operator’s ability to steer and control the Class Vehicle while presenting a safety risk to the occupants and others on the road.
Does FCA know about the “Death Wobble,” and have the Class Vehicle owners been offered anything in a settlement?
According to the Amended Complaint, at all material times, FCA had knowledge of the defective condition existing in the Class Vehicles that manifest as the “Death Wobble.” Rather than address this defective condition – or disclose its possibility and/or warn drivers at the point of sale – FCA claims the “Death Wobble” is not a “safety issue” and that it “can happen with any vehicle that has a solid front axle (rather than an independent front suspension), such as the Wrangler.”
This explanation strategically allows FCA to continue with failed repair efforts until the warranty expires, at which point the problem rests exclusively with the owner. The “Death Wobble” problem has become so pervasive that Defendant routinely buys back Class Vehicles when presented with “Death Wobble” claims pursuant to states’ Lemon Laws.
Has the Jeep Death Wobble class action lawsuit been settled?
On October 14, 2022, the plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement, which was unopposed by FCA and granted by the Court on October 26, 2022.
If you have not already received it, you should receive a class notice advising you of the terms of the settlement, certain deadlines, and your options by no later than January 31, 2023. The Court also set the following schedule:
- January 24, 2023 – Deadline for the claims administrator to mail class notice
- March 10, 2023 – Class member opt-out and objection deadline
- April 5, 2023 – Deadline for a motion for final approval
- April 19, 2023 – Final fairness hearing
Visit the class action settlement website. To object to the settlement, a Settlement Class Member, individually or through counsel, must mail a written objection, with all supporting documents and/or memoranda, by regular first-class mail, postmarked no later than March 10, 2023, to the Settlement Counsel, Defendant’s Counsel, and Claims Administrator.
To request exclusion from the settlement, you must include the following information:
- your full name, address, and telephone number;
- the make, model year, and VIN of the Vehicle;
- state that you are a present or former owner or lessee of a Vehicle; and
- specifically and unambiguously state your desire to be excluded from the Settlement Class
Settlement Class Counsel shall file their Motion for Final Approval of the Settlement no later than April 5, 2023, and their motion for payment of attorneys’ fees and costs by the date notice is mailed to the Settlement Class.
Please note we are not counsel for the Class in the class action, nor are we the settlement administrator. Our goal is to provide an independent assessment of your options based on your circumstances, considering the factors set out above. We are available to help you sort through these questions and make an informed decision.
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
What Are the General Terms of the Jeep Class Action Settlement?
As part of the proposed settlement agreement, owners and lessees of Class Vehicles might be getting a warranty extension and possibly cash back for a specific type of repair if they paid out of pocket related to what’s commonly referred to as the Jeep “Death Wobble.”
The warranty extension for up to eight years or 90,000 miles would cover “all parts and labor needed to replace a failed front suspension damper,” according to the proposed settlement agreement. The agreement would allow owners or lessees of the affected vehicles who paid for a repair related to a front suspension steering damper to submit a claim for reimbursement to www.fcarecallreimbursement.com.
FCA US, which owns the Jeep brand, would also pay attorney fees for the Plaintiffs (up to $3.95 million and $4,000 for each of the six class representatives) while denying any admission of liability or wrongdoing.
Who Is Covered by the Jeep Class Action settlement?
The Court conditionally certified, for settlement purposes only, the following Settlement Class:
“All individuals who purchased or leased in the United States a Model Year 2018-2020 Jeep Wrangler or Model Year 2020 Jeep Gladiator. Excluded from the Settlement Class are FCA US; any affiliate, parent, or subsidiary of FCA US; any entity in which FCA US has a controlling interest; any officer, director, or employee of FCA US; any successor or assign of FCA US; and any judge to whom this Action is assigned, his or her spouse; individuals and/or entities who validly and timely opt out of the settlement; consumers or businesses that have purchased Class Vehicles previously deemed a total loss (i.e., salvage or junkyard vehicles) (subject to verification through Carfax or other means); and current or former owners of a Class Vehicles that previously released their claims in an individual settlement with FCA US with respect to the issues raised in the Action.”
Note that both new and used vehicle owners and lessees appear to be covered by this settlement.
What Happens If I Don’t Opt Out of the Class Action Lawsuit or Settlement?
You will need to decide whether you want to participate in the settlement or opt out of the settlement. The deadline to opt out of the settlement is March 10, 2023.
If you do not opt out of the settlement, you will be bound by its terms. You will receive any benefits offered in the settlement, either automatically or by submitting a claim form, depending on the nature of your particular claim. However, you will not be able to bring any individual claim for damages caused by this defect, except possibly for personal injury claims, if you do not opt out of the settlement.
If that settlement is finally approved, members of the Settlement Class that do not submit a timely and valid written request for exclusion in the manner provided in the class notice will be bound by the releases in the Settlement Agreement and other terms and conditions set forth in that Agreement, as well as all proceedings, orders, and judgments in that lawsuit. Settlement Class members may exclude themselves from the settlement or object to the settlement, but they may not do both.
Why should I opt out of any Jeep class action or settlement?
Some class actions provide significant benefits without the need to do much other than complete a claim form. And because the matter is settled, as long as the court approves the settlement, you will get the relief described in the class notice.
However, many other people who know their rights may decide that the relief offered as part of the class action settlement is not adequate, that they do not want to wait to get relief, or that they could get more if they do not participate in the class action settlement and go their own way with their own lawyer.
This depends on a variety of factors, such as how old your car is, whether you can document the defect that occurred in your car, whether you have taken it in for repairs on more than one occasion, do you still own the vehicle, is it still under warranty and where you bought the care – among many other factors. If it is a safety issue, such as the Death Wobble, even one or no repair attempts may be enough. Depending on the answers to those questions, while there is no guarantee you will receive any recovery, you may have the opportunity to receive significant relief, including a vehicle repurchase and possible penalties.
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
What is the Song Beverly Warranty Act?
The California Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law that requires manufacturers to repair defects after a reasonable number of repair attempts. What is “reasonable” is not part of hard and fast rules – safety defects should be fixed immediately. The defects have to “substantially impair the vehicle’s use, value, or safety.” Civil Code §1793.22(e)(2).
Under Civil Code §1793.2(d)(1), manufacturers must promptly repurchase or replace the vehicle they cannot fix in a reasonable time frame. In addition, Civil Code §1794(c) and §1793.2(d) provide that customers may have a civil penalty up to two times the actual damages if manufacturers acted “willfully” (meaning knowingly, not necessarily with wrongful intent) in ignoring or failing its obligation under Song-Beverly. Finally, under Civil Code §1794(d), manufacturers must pay the plaintiff’s attorney’s fees and costs as part of the settlement. The Song-Beverly Act is a pro-consumer fee-shifting statute.
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