Class action highlights NHTSA revelation that FCA has no solution after it recalled 250,000 defective Cummins-equipped turbodiesel trucks
Last week, Fiat Chrysler announced the recall of more than 220,000 heavy-duty turbodiesel trucks equipped with a defective Bosch CP4 fuel pump, and a related class-action lawsuit filed by Hagens Berman now spotlights that the automaker has no fix ready for the hundreds of thousands of affected truck owners placed at risk of sudden engine failure.
The law firm’s consumer lawsuit called out FCA, Stellantis and Cummins for the 2018 – 2020 Cummins-equipped diesel trucks containing a defective Bosch CP4 fuel pump that poses an “imminent safety risk to the public,” according to the filing.
Trucks “Dropping Like Flies”
On Oct. 14, 2021, NHTSA opened a formal investigation into 2019 – 2020 Ram diesel trucks. NHTSA’s Office of Defects Investigation is reviewing numerous complaints from truck owners about the CP4 pump, with field reports “noting power loss, mostly while traveling above 25 MPH. Not only did the truck stall at speed according to these reports, but the incidents resulted in ‘permanent disablement of the vehicle.’”
In response to the numerous complaints about failures and stalls of the Class Vehicles, one online commentator noted “[t]hese trucks are dropping like flies.”
“We only expect this recall to grow,” said Steve Berman, managing partner of Hagens Berman and attorney representing affected truck owners. “So far, the recall only affects about one third of all 600,000 vehicles currently under investigation by federal auto authorities.”
According to the National Highway Traffic Safety Administration (NHTSA)’s website, Fiat Chrysler told dealers that “[t]he remedy for this condition is not currently available.” The Safety Recall Notice does not state when truck owners will purportedly have their trucks fixed.
“Fiat Chrysler has known about this defect and yet admits to having no remedy for what federal authorities have called an ‘imminent safety risk.’ We find this unconscionable behavior from an automaker,” Berman added.
Fuel Pump Defect Leads to Massive Recall
The vehicles affected by the recall are 2019 and 2020 Ram 2500 and 3500 heavy-duty pickups and Ram 3500, 4500 and 5500 chassis cab trucks that are equipped with 6.7-litre Cummins turbodiesel engines. The recall covers an estimated 222,410 vehicles in the U.S., 20,539 in Canada and 3,525 in other markets outside of North America, according to news reports.
The lawsuit filed Oct. 22, 2021, in the U.S. District Court for the Eastern District of Michigan states that the defect leaves vehicle owners at risk of sudden and unexpected engine shutoff while in motion. These allegations are now confirmed by the NHTSA safety recall. The lawsuit accuses the automaker and engine manufacturer of colluding to conceal the critical fuel pump defect and its safety risk affecting roughly 600,000 owners and lessors.
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.