Class action lawsuit filed over fuel pump defect and recall
Notice to current or former owners or lessees of
- 2014-2022 Dodge Ram 1500 EcoDiesel trucks
- 2021-2023 Jeep Wranglers
- 2021-2023 Jeep Gladiators
According to a class action lawsuit and previously announced recalls, the above vehicles are equipped with allegedly defective Bosch CP4.2 high-pressure fuel pumps (HPFP) and coolers.
There are widespread allegations and a class action lawsuit claiming these vehicles suffer from
- no-start conditions
- engine shutdown
- engine stalling
- and other problems related to the fuel pump defect.
This has resulted in an ongoing chain of failed fixes from FCA for these vehicles in the form of various recalls, service campaigns, and bulletins issued by FCA.
Eventually, a safety recall was issued, but then the replacement parts were also recalled such that currently, there is no available repair.
The class action lawsuit also claims that FCA knew of the fuel pump defect in the affected vehicles since at least 2019, and likely years earlier, as customer complaints came flooding in.
According to the National Highway Traffic Safety Administration (NHTSA),
“The suspect period began on June 12, 2013, when 3.0L Diesel engines with suspect HPFPs [high-pressure fuel pumps] were introduced into vehicle production, and ended on December 13, 2019, when 3.0L Diesel engines with suspect HPFPs were no longer used in vehicle production. The suspect period was determined using supplier and vehicle production records.”
Based on this and other facts discovered, the class action and individual lemon law lawsuits allege FCA had been put on notice of the fuel pump defect for years but continued to offer the above vehicles with the HPFP defect for sale.
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 these vehicles back as qualifying lemons or provide other compensation, which can mean a large cash refund and payoff of your loan or lease if these vehicles experience the fuel pump defect.
For a free lemon law consultation fill out the form below or call us at 1-855-678-6881.
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, and registration.
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 deductions and exclusions are challenging to understand and can be fought against by knowledgeable lemon law attorneys.
Ram 1500 and Jeep Fuel Pump Defect FAQ
What is the fuel pump or HPFP defect?
The class action lawsuit alleges that FCA has admitted the failures in the fuel pump can occur without warning and result in these vehicles stalling and/or stopping in the middle of the road or on a busy highway, stranding the riders and exposing them to a myriad of dangers, including potentially life-threatening crashes.
The lawsuits also allege that because of FCA’s practices,
- Consumers purchased vehicles that they otherwise would not have purchased; paid more for those vehicles than they would have otherwise paid.
- Have incurred damages because the fuel pump defect diminished the value of the vehicles.
- Were subjected to an unreasonable risk to their safety.
- Unnecessarily paid, and will continue to pay, repair costs because of the HPFP defect.
For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-678-6881.
Has there been a recall or any buyback offer from FCA?
According to a June 9, 2022, NHTSA Safety Recall Report, approximately 138,645 of these vehicles have been sold nationwide.
In addition, approximately 45,711 EcoDiesel-powered 2021 to 2023 Jeep Wranglers and Gladiators and 2022 to 2023 Dodge Ram 1500 vehicles are being recalled by FCA due to the fuel pump or HPFP defect.
NHTSA has stated that,
“From February 2022 through May 2022, FCA US TSRC conducted an analysis of stall patterns and vehicle history, determined that the affected vehicles were equipped with the Bosch CP4.2 high pressure fuel pump, and determined that the high pressure fuel pump was the origin of the stalls.”
NHTSA went on to state,
“As of May 18, 2022, FCA US is aware of 215 customer assistance records, 1,061 warranty claims, and three field reports potentially related to this issue for all markets with dates of receipt ranging from March 14, 2014 to January 14, 2022” — a period of almost eight years.
A recently filed class action lawsuit alleges that FCA has known about the fuel pump defect for years but only finally admitted the presence of this defect through an NHTSA-mandated safety recall notice.
Beyond this, FCA has not consistently offered significant settlements or vehicle buybacks despite the requirements of California and other state laws.
For free information on your legal right to seek compensation, fill out the form below or call us at 1-855-678-6881.
Is there a class action lawsuit over the fuel pump defect?
A class-action lawsuit over the HPFP defect was filed in the United States District Court for the Eastern District of Michigan on March 24, 2023 (Fielding v. FCA US LLC., 2:23-cv-10691).
According to the class action complaint, the defective fuel pumps were manufactured and placed in certain Jeep and Ram vehicles, specifically 2020-2022 model year Jeep Wranglers, 2021-2022 model year Jeep Gladiators, and 2020-2022 model year Ram 1500 pickups.
Previous lawsuits alleged defects with 2014-2019 model year Ram 1500 pickups containing the same fuel pump.
On May 25, 2023, the court ordered the Plaintiffs to file an amended complaint in response to the Defendants’ motion to dismiss the class action lawsuit.
No pretrial deadlines or trial dates have been set, nor has the court approved the case to proceed as a class action.
Has the HPFP defect class action lawsuit been settled?
No, not at this time.
While there is no indication the lawsuits involving the HPFP fuel pump defect will end up in a class action settlement any time soon, as with most litigation, many class action lawsuits eventually settle. If it does, you will receive a class notice describing your options.
When it comes to vehicle class action lawsuits and settlements, what to do can be a complicated decision, as it can depend on many factors and an accurate understanding of what the law provides.
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 plaintiffs prevail at trial, you receive whatever relief is awarded by the judge or jury. But if they lose or settle and you do not opt out of the lawsuit, you may not litigate claims over the issues raised in the class action lawsuit.
Generally, 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 automatically or by submitting a claim form. However, you will not be able to get more or bring an individual lawsuit over the HPFP defect, except possibly for personal injury claims.
For people who have had significant damages or reside in a state like California that has strong lemon law protections, pursuing an individual lawsuit or pre-lawsuit negotiations may provide them an opportunity to receive a better recovery in a shorter period.
But as always, there is no guarantee of success. Here are some important factors to consider with your lemon law or consumer lawyer,
- When and where did you buy or lease your vehicle, and do you still own or lease it? (You may still have claims if you don’t)
- How old is your vehicle, and what is its current mileage?
- What problems did your vehicle suffer from?
- When did the problems start?
- When did you first take your vehicle in for repair?
- How long was your vehicle in the shop for each repair and in total?
- Did you have repeated repairs attempted?
- Did you ever ask a dealer or manufacturer to buy the vehicle back?
- If they offered to repurchase it, what deductions or other conditions did they demand?
- Are you willing to consider the opportunity of getting a more significant recovery as compared to taking what you may have been offered in a settlement?
A qualified lemon law attorney working with your best interest in mind can help you weigh these factors.
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.
How many EcoDiesel vehicles are affected by the HPFP defect?
According to a June 9, 2022, NHTSA Safety Recall Report, approximately 138,645 of these vehicles have been sold nationwide.
Another recall announced in April 2023 affected an additional 60,413 vehicles with the HPFP defect.
Does the HPFP fuel pump defect violate the vehicle warranty?
The class action lawsuit alleges that FCA agreed to provide an express written warranty directly to purchasers or lessees of these vehicles, warranting to them that FCA would repair and/or replace defects in material and/or workmanship free of charge that occurred during the applicable warranty periods.
However, because FCA does not have the required parts to fix the HPFP defect, FCA has breached the warranty by failing to repair and/or replace the HPFP or buy back the vehicles as promised by the Warranty or required by law.
Are vehicles with the HPFP fuel pump defect unsafe?
According to the Safety Recall Notice for these vehicles,
“[t]he High Pressure Fuel Pump (HPFP) on [the Defective] vehicle may fail prematurely. A HPFP failure may introduce internally failed component debris into the fuel system potentially causing fuel starvation. Fuel starvation may result in an unexpected loss of motor power, which can cause a vehicle crash without prior warning.”
Is there anything I need to do?
At this point, the class action lawsuit has not been settled or certified to formally proceed as a class action.
If you want to bring your own claim over the HPFP defect, you can do so now. You can opt-out when you receive the class action notice, or the class may be defined as those people who have not sued or settled their claims, and you could be automatically opted out of the settlement.
However, there is no reason to wait.
Fill out the form below for a free lemon law consultation, or call us at 1-855-678-6881.
Should I opt out of a class action lawsuit or settlement involving the HPFP fuel pump defect?
Some class action lawsuits provide significant benefits without the need to do much other than complete a claim form. And because the matter is settled, if the court approves the settlement, you will get the relief described in the class notice.
However, there is likely not to be a settlement of this matter for a year or more.
And 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 in compensation if they go their own way with their own lawyer.
Whether to do so depends on a variety of factors, such as how old your car is, whether you can document the defect that occurred in your vehicle, whether you have taken it in for repairs on more than one occasion, whether you still own or lease the vehicle, is it still under warranty and where you bought the vehicle.
Depending on the answers to those and other questions, while there is no guarantee you will receive any recovery, at least under California law, you may have the opportunity to receive significant relief, including a vehicle repurchase and possible penalties.
What is the California 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 such as the HPFP defect 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 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 such as FCA must pay the plaintiff’s attorney’s fees and costs as part of the settlement.
Free Lemon Law Consultation
There is a lot to consider in deciding whether to pursue a lemon law claim. The Hanson Law Firm is 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.
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