- A Judge dismissed several of the claims from plaintiffs, but has allowed six to proceed.
- Owners of impacted Ram models say they wouldn’t have purchased trucks had they known more.
- In December, Cummins agreed to pay a $1.675 billion fine for using diesel emission defeat devices.
A class action lawsuit accusing FCA US and Cummins of equipping diesel vehicles with illegal emissions defeat devices is moving forward, at least in part. The companies had hoped to have the case dismissed entirely, but the United States District Court for the Northern District of California ruled that several key claims can proceed.
The lawsuit originally included 11 claims against the automaker and engine manufacturer. While some were thrown out, nearly half survived the motion to dismiss. U.S. District Judge Jacqueline Scott Corley dismissed claims related to the Racketeer Influenced and Corrupt Organizations Act (RICO), common law fraud on behalf of a nationwide class, breach of express warranty under the California Commercial Code and Song-Beverly Act, breach of implied warranty under the California Commercial Code, and breach of express emissions warranties.
Read: Cummins Agrees To Pay $2 Billion Fine In Largest-Ever Clean Air Act Settlement
Despite these dismissals, the judge denied FCA and Cummins’ request to throw out six other claims. These include common law fraud, violations of California’s Consumers Legal Remedies Act, False Advertising Law, and Unfair Competition Law, as well as breach of implied warranty under the Song-Beverly Act and unjust enrichment. Plaintiffs have the option to amend most of the dismissed claims—except for the RICO allegations, which are off the table.
Diesel Controversies
FCA and Cummins have been at the center of a diesel defeat device controversy for several years. In December, Cummins agreed to pay a $1.675 billion fine after lawsuits alleged it had used defeat devices on 650,000 Ram 2500 and 3500 trucks built from 2013 to 2019. The companies have been sued in several states across the US, including in Arizona, where a lawsuit was filed in mid-July 2024.
In the California class action, plaintiffs are seeking a jury trial, financial damages, and an order to prevent FCA and Cummins from continuing what they claim is unlawful conduct. Many affected Ram owners argue they wouldn’t have purchased their trucks had they known about the excessive emissions. With several claims still in play, the legal battle is far from over.
