If you own or lease a Jeep Wrangler 4×4 plug-in hybrid model year 2021-23, you may want to park it outside and away from any structures until you get it fixed.
Automaker FCA US LLC (Stellantis) has been accused in a class action lawsuit of covering up a major safety defect that could cause the Jeep 4xe’s propulsion system to catch fire and explode.
FCA recalled approximately 45,000 Jeep 4xe vehicles in November 2023. In the notification of a safety recall sent to the National Highway Traffic Safety Administration, FCA admitted that these Wrangler hybrids contained a high-voltage battery that “may fail internally,” leading to “a vehicle fire with the ignition off.”
This safety notification was issued after reports that at least eight Jeep Wrangler 4xe fire incidents occurred while a vehicle was charging, parked, and turned off.
FCA sued over Jeep Wrangler 4xe Fire Risk
On March 4, 2024, Jeep owners filed a 144-page class action complaint in the United States District Court for the Western District of Michigan. In the lawsuit, consumers claim that although FCA / Stellantis states that the cause of the fire-and-explosion problem is unknown, it “appears virtually certain” that the defect is linked to the hybrid vehicles’ Samsung-made, high-voltage lithium-ion battery packs and related components used to propel the cars while in electric mode.
This battery defect could cause the vehicles to catch fire whether the engine is running or not.
The complaint also alleges that Samsung has had a history of issues with its high-voltage lithium-ion batteries, which FCA has been aware of since at least 2020.
Ford and BMW have recalled vehicles containing Samsung EV batteries due to the fire risk. In 2022, Samsung pulled over 1,000 of its batteries, including some found in FCA vehicles, due to “poor manufacturing quality.”
The class action further alleges FCA “knew or should have known” about the fire problem before the 2021-2023 Wrangler 4xes hit the market and “certainly knew well before” it recalled the cars late last year.
FCA warns owners do not park inside or recharge until repaired
The risk is serious enough that there has been a nationwide recall of these vehicles. The cars might unexpectedly go up in flames, potentially causing injury to people outside the vehicle and property damage.
The lawsuit alleges this risk poses an unreasonable danger to drivers, passengers, pedestrians, and property, particularly if a 4xe hybrid suddenly ignites while parked at an owner’s home, on a public street, or in a public parking lot.
In its first notification to vehicle owners, FCA:
“advised owners to refrain from recharging these vehicles and not to park them inside of buildings or structures, or near other vehicles until the vehicle has the final repair completed,” according to the complaint filed in the class action lawsuit.
However, FCA has failed to explain what constitutes a “safe” distance away from structures or other cars or what drivers should do with their Wrangler hybrids if they have nowhere to park.
There is no repair or timeline from FCA
A plug-in electric hybrid that cannot be parked at its home or operated in electric mode is not fit for its ordinary purpose. Yet owners and lessees continue to make loan, lease, and insurance payments on hybrid vehicles that they cannot safely charge.
The class action lawsuit claims:
“Not being able to plug in and charge the Vehicles defeats the central purpose of a plug-in hybrid electric vehicle …. Absent charging, the Vehicles must run exclusively on their gasoline engine, which eliminates the benefits of having a hybrid vehicle.”
However, while FCA has “advised [owners] to refrain from recharging these vehicles and not to park them inside of buildings or structures, or near other vehicles until the vehicle has the final repair completed,” the lawsuit claims, “to be clear, there is no repair.”
FCA has not given a timeline for when any fix will be available.
Owners of recalled models should contact their local Jeep dealership to schedule a free repair once it is available. Any Jeep Wrangler owner who paid out of pocket to have the issue fixed can submit a receipt for the work done and get reimbursed.
Owners can also check if their vehicle is affected by entering their VIN number on NHTSA.gov/recalls.
Prior recalls for Jeep fire risks
This is not the first time Jeep vehicles have been recalled for fire risks. In fact, this is the fourth recall since 2015 to address similar safety defects.
If you have any questions or concerns about your Jeep Wrangler, you should contact your dealer or FCA as soon as possible.
If your Jeep has caught fire, you have important legal rights. For more information, get a free case review by an experienced lemon law attorney by filling out the form below.
Owners seek full refunds and loan payoffs
Current or former owners of Jeep Wrangler 4×4 plug-in hybrid vehicles model years 2021-23 should be aware that the California lemon law and other state and federal laws may force FCA to either “buy the vehicle back” or provide further compensation.
For residents of California, qualifying lemons must be repurchased under California’s lemon law. The Song-Beverly Warranty Act, California Civil Code §1793.2(d)(1), is a California state law requiring manufacturers to repair defects after reasonable repair attempts.
While what is “reasonable” is not set in stone, safety defects should be fixed immediately. The defects must “substantially impair the vehicle’s use, value, or safety.” Civil Code §1793.22(e)(2). Under Civil Code §1793.2(d)(1), manufacturers such as FCA must promptly offer repurchase or replacement of the vehicle if they cannot fix it 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 malicious) in ignoring or failing its obligation under the Song-Beverly Act.
Finally, as the Song-Beverly Act is a pro-consumer fee-shifting statute under Civil Code §1794(d), manufacturers such as FCA must also pay consumers’ attorney’s fees and costs as part of any litigation or settlement.
All of this can mean a large cash refund and payoff of your loan or lease and 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.
You could even qualify for two times your money back. The law has a formula that starts with you getting all your money back and then subtracting certain deductions and exclusions from your payment.
The Lemon law refunds and exclusions can be challenging to understand. We can help you sort through these questions and make an informed decision. Just fill out the form below.
