Class Action Filed, FCA’s Serious Safety Defect

Beasley Allen lawyers Dee Miles, Clay Barnett, Mitch Williams, and Dylan Martin filed a class action lawsuit against FCA US LLC – the maker of Ram trucks – after a serious safety defect in vehicles equipped with eTorque came to light.

The lawsuit alleges there is a defect with the eTorque system that causes the vehicles to stall suddenly, automatically shift to park, and automatically engage the emergency brake, without any warning to the driver.

These stalling events have been reported in all driving conditions, including on busy highways and rush hour traffic, placing the driver and others on the road at an increased risk of injury.

 

What is eTorque?

Simply put, eTorque is FCA’s hybrid technology. The technology is used in Jeep and Ram vehicles. It is supposed to enhance performance, efficiency, and smoothness with the following:

• Stop-Start Functionality
• eRoll Assist
• Upshift Rev Matching
• Electronic System Power
• Downshift Rev Matching
• Regenerative Braking

 

What Vehicles Are Affected

The following vehicles from 2019-2023 are a part of the class action lawsuit.

• Ram 1500
• Jeep Wrangler
• Jeep Wagoneer

 

Lawsuit At-A-Glance

• In February 2023, Beasley Allen filed the lawsuit, alleging the vehicles were defective and unsafe and that FCA knew about the dangerous defect before consumers purchased their vehicles but did not disclose it.
• In April 2023, FCA issued a recall for the 2021 model year Ram 1500 trucks with eTorque but excluded all other models and model years.
• FCA’s recall claimed the cause of the stalling events was a rich fuel condition, and they would issue a software update to adjust the air-fuel ratio.
• In response to FCA’s recall, plaintiffs worked with an independent automotive consultant to test whether a rich fuel condition was causing the stalling events. Testing indicated that it was not the cause.
• On July 21, 2023, FCA moved to dismiss plaintiffs’ complaint, arguing in part that the claims were moot in light of FCA’s voluntary recall.
• On January 17, 2024, Judge Mathew Leitman denied FCA’s motion to dismiss.

Following Judge Leitman’s order, the parties are now beginning the early stages of discovery. We will keep you updated on the litigation as it progresses to trial.

The case is Fisher, et al., v. FCA US LLC, 23-cv-10426, filed in the United States District Court for the Eastern District of Michigan.