Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2777 (N.D. Cal.)
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For a summary of the relevant claim deadlines, please click here Claim Submission Deadline.IF YOUR CLAIM WAS DENIED OR CLOSED, THE DEADLINE TO FILE AN APPEAL WITH THE CLAIMS REVIEW COMMITTEE IS SEPTEMBER 30, 2022. If you believe that your claim was denied or closed in error, you may appeal the determination to the court-appointed Claims Review Committee. Your appeal must contain your name, contact information, VIN, claim number, a description of the issue being appealed, and all supporting documentation. You may email your appeal to ClaimsReview@EcoDieselSettlementAdmin.com or mail it to:
EcoDiesel Settlement
Claims Review Committee
P.O. Box 58339
1500 John F Kennedy Blvd, Suite C31
Philadelphia, PA 19102
About
Fiat Chrysler has reached settlements with consumers and federal and state regulators involving the following Ram 1500 and Jeep Grand Cherokee vehicles equipped with the 3.0L EcoDiesel engine (the "Subject Vehicles").
Model | Model Years |
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Ram 1500 EcoDiesel | 2014 - 2016 |
Jeep Grand Cherokee EcoDiesel | 2014 - 2016 |
The settlements consist of:
- A Class Action Settlement Agreement between Fiat Chrysler, Bosch (Robert Bosch GmbH and Robert Bosch LLC), and certain current owners/lessees and former owners/lessees of the Subject Vehicles; and
- A Consent Decree between Fiat Chrysler and the United States Department of Justice on behalf of the Environmental Protection Agency and the State of California by and through the California Attorney General and the California Air Resources Board.
These settlements resolve legal claims asserting that the vehicles do not comply with federal and state emissions regulations and that Fiat Chrysler made misrepresentations to consumers regarding the vehicles.
Under the terms of the settlements, Fiat Chrysler will:
- Update the emissions control software (the “Approved Emissions Modification” or “AEM”) for the Subject Vehicles free of charge;
- Provide an extended warranty for updated vehicles; and
- Provide cash compensation to Class Members who submit a timely and valid claim (see below for additional information and requirements).
Current owners and lessees of Subject Vehicles can schedule appointments to receive the Approved Emissions Modification, and eligible current and former owners and lessees can submit claims for compensation.
Eligible Vehicles
All current owners and lessees of model year 2014-2016 Ram 1500 and Jeep Grand Cherokee vehicles equipped with the 3.0L EcoDiesel engine are eligible for the Approved Emissions Modification and extended warranty. To receive the Approved Emissions Modification, your vehicle must be: (1) registered in the United States with a state department of motor vehicles or equivalent agency; and (2) operable (i.e., capable of being driven under its own engine power lawfully and safely) as of the date the vehicle is brought in for the Approved Emissions Modification. Your vehicle also cannot have been modified in a way that substantially impairs the installation or functioning of the Approved Emissions Modification.
Not all current and former owners and lessees of model year 2014-2016 Ram 1500 and Jeep Grand Cherokee vehicles equipped with the 3.0L EcoDiesel engine are eligible for compensation under the settlements.
Eligible Owners (If no former owner or former lessee timely completes a valid claim for the same vehicle) |
Eligible Owners (If a former owner or former lessee timely completes a valid claim for the same vehicle) |
Eligible Lessees, Former Owners, and Former Lessees |
|
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Cash Compensation | $3,075 | $2,460 | $990 |
Cash Compensation | |
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Eligible Owners (If no former owner or former lessee timely completes a valid claim for the same vehicle) |
$3,075 |
Eligible Owners (If a former owner or former lessee timely completes a valid claim for the same vehicle) |
$2,460 |
Eligible Lessees, Former owners, and Former Lessees |
$990 |
Approved Emissions Modification Overview
The Approved Emissions Modification ("AEM") is a software update that is intended to ensure that the Subject Vehicles' emissions comply with the emissions standards to which they were originally certified. There will be no hardware changes to your vehicle associated with the AEM. Through the settlements, Fiat Chrysler will offer the AEM free of charge for all model year 2014 to 2016 Ram 1500 EcoDiesel and Jeep Grand Cherokee EcoDiesel Vehicles.
The AEM is not expected to change any of your key vehicle attributes, such as average fuel economy, reliability, durability, vehicle performance, drivability, engine noise or vibration, or other driving characteristics. Click here to read the Court approved notice that includes important additional details about the effect of the AEM on your vehicle.
FCA updated the AEM disclosure in January 2020 to include additional details. Click here to read the full disclosure.
The AEM is now available.
Current owners and lessees of the Subject Vehicles may call Fiat Chrysler's Call Center at 1-833-280-4748 or their preferred dealer to schedule an appointment to receive the AEM. Fiat Chrysler will provide a loaner vehicle at no cost if the AEM is scheduled to take longer than three hours or if it is not complete within three hours of the scheduled start of the appointment.
You may receive the Approved Emissions Modification (and associated extended warranty) at any point in the claims process outlined below, but you will not be eligible for compensation until you have also submitted a claim.
The Extended Warranty covers all parts and systems affected by the Approved Emissions Modification, and the warranty term is the greater of (i) 10 years from the date of initial sale or 120,000 actual miles on the vehicle odometer, whichever comes first; and (ii) 4 years or 48,000 miles from the date and mileage of installing the Approved Emissions Modification on the vehicle, whichever comes first.
Click below to search by VIN to see whether a vehicle is eligible for the Approved Emissions Modification, whether it has been installed, and whether the extended warranty applies to the vehicle.
Vehicles Originally Sold in Canada
Vehicles originally sold in Canada and currently registered in the United States are eligible to receive the Approved Emissions Modification (“AEM”) and the Extended Warranty. The Extended Warranty will be effective after the (1) successful installation of the AEM and (2) registration of the vehicle with FCA US LLC by providing proof of state registration, proof of ownership or lease, and the current mileage/kilometers on the vehicle. (Note: Owners and lessees of these vehicles are not eligible for a class member payment under this class action settlement agreement.)
Please call 1-833-280-4748 to register your vehicle with FCA US LLC and schedule an appointment to have the AEM installed.
About the AEM
The AEM is a software update that is intended to ensure that the vehicle’s emissions comply with the emissions standards to which it was originally certified. There will be no hardware changes to your vehicle associated with the AEM. FCA will offer the AEM free of charge for all model year 2014 to 2016 Ram 1500 EcoDiesel and Jeep Grand Cherokee EcoDiesel Vehicles. The AEM is not expected to change any of the key vehicle attributes, such as average fuel economy, reliability, durability, vehicle performance, drivability, engine noise or vibration, or other driving characteristics.
FCA updated the AEM disclosure in January 2020 to include additional details. Click here to read the full disclosure.
About the Extended Warranty
The Extended Warranty covers all parts and systems affected by the AEM and will be effective after the (1) successful installation of the AEM and (2) registration of the vehicle with FCA (see above). The warranty term is the greater of (i) 10 years from the date of initial sale or 120,000 actual miles on the vehicle odometer, whichever comes first; and (ii) 4 years or 48,000 miles from the date and mileage of installing the AEM on the vehicle, whichever comes first.
Claim Submission Deadline
Status | Deadline |
---|---|
Current Owners / Current Lessees | Submit a valid claim by May 3, 2021 at 11:59 HST Complete the AEM by July 31, 2021 |
Former Owners / Former Lessees | Submit a valid claim by August 1, 2019 at 11:59 p.m. HST |
This is only a summary of the claims submission deadlines. Additional deadlines may apply to your circumstances. For instance, additional deadlines apply when you surrender your vehicle under the terms of your lease; or if you total your vehicle and transfer title or terminate your lease as a result.
Click here to read the Court approved notice that includes important details about the claims submission deadlines.
Videos and How-To Info
Frequently Asked Questions
This section addresses common questions regarding the EcoDiesel settlements. You should review the Court-approved notice and the Class Action Settlement Agreement for additional information regarding the settlements and your potential eligibility for benefits.
On January 12, 2017, the EPA and CARB issued notices of violation to Fiat Chrysler Automobiles N.V. and FCA US LLC alleging that certain Ram and Jeep vehicles with 3.0-liter V6 diesel engines in the United States were equipped with eight Auxiliary Emissions Control Devices (“AECDs”) that were not disclosed to the EPA, and that the operation of one or more of the AECDs alone or in combination resulted in excess emissions of nitrogen oxides (“NOx”). January 12, 2017 is sometimes referred to in this FAQ section as the “Notice of Violation date” or “NOV date.”
Attorneys representing owners and lessees of these EcoDiesel vehicles, including certain automobile dealers not affiliated with Fiat Chrysler, filed class action lawsuits against Fiat Chrysler Automobiles N.V., FCA US LLC, VM Motori, S.p.A., VM North America, Inc., Robert Bosch GmbH, and Robert Bosch LLC, who are referred to as the “Defendants.” The people who sued are called the “Plaintiffs.”
Plaintiffs allege that the Subject Vehicles were equipped with AECDs that caused the vehicles to emit significantly more pollutants than consumers reasonably expected, and more pollutants than were permitted under federal and state clean air laws. Plaintiffs further assert that the Defendants intentionally misled consumers about the qualities and characteristics of the Subject Vehicles.
In addition to the class action lawsuits, the DOJ filed suit on behalf of the EPA and the State of California filed suit by and through the California Attorney General and CARB. The lawsuits filed by the DOJ/EPA and California assert that Fiat Chrysler violated the Clean Air Act and the California Health and Safety Code.
The case is before Judge Edward Chen of the United States District Court for the Northern District of California (the “Court”). The case is known as In Re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation, No. 3:17-md-2777.
You are covered by the Class Action Agreement if you are a member of the Class. Except for the exclusions mentioned below, the Class is composed of all persons (including individuals and entities) who:
On January 12, 2017, owned or leased an eligible model year 2014, 2015, or 2016 Ram 1500 or Jeep Grand Cherokee 3.0-liter diesel vehicle Registered (as defined in Paragraph 2.60 of the Class Action Agreement) in the United States or its territories (an “Eligible Vehicle,” defined more fully in Section 2.35 of the Class Action Agreement); or
between January 12, 2017 and the deadline to submit claims become the owner or lessee of an Eligible Vehicle in the United States or its territories; or
own or lease an Eligible Vehicle in the United States or its territories at the time it receives the Approved Emissions Modification.
Owners or lessees who acquired an Eligible Vehicle after January 12, 2017 (NOV date) and transferred ownership or terminated their lease before April 15, 2019;
Owners or lessees who acquired an Eligible Vehicle after January 12, 2017 and transferred ownership or terminated their lease after April 15, 2019 as a result of a total loss, but before the deadline for Eligible Owners and Eligible Lessees to submit a claim;
Owners who acquired an Eligible Vehicle on or before January 12, 2017 and transferred ownership after January 10, 2019 (the date the settlement was announced) but before April 15, 2019, unless ownership was transferred as a result of a total loss;
Lessees who leased their Eligible Vehicles on or before January 12, 2017, acquire ownership after January 10, 2019, and transfer ownership before the AEM is performed on the Eligible Vehicle;
Owners whose Eligible Vehicle is not Registered (as defined in Paragraph 2.60 of the Class Action Agreement) in the United States as of the date the AEM is performed;
Defendants’ officers, directors and employees; Defendants’ affiliates and affiliates’ officers, directors and employees; their distributors and distributors’ officers, directors and employees; and Fiat Chrysler’s Authorized Dealers and their officers and directors
Judicial officers and their immediate family members and associated court staff assigned to this case; and
All those otherwise in the Class who or which timely and properly exclude themselves from the Class.
If you are not sure whether you are included in the Settlements, you may call 1-833-280-4748, or write with questions via e-mail to Info@EcoDieselSettlementAdmin.com, or regular mail to:
The Class does not include Fiat Chrysler Authorized Dealers but does include automobile dealers who are not Fiat Chrysler Authorized Dealers and otherwise meet the definition of the Class.
The following persons (including entities and individuals) are excluded from the Class:
All current owners and current lessees of Subject Vehicles will be able to obtain the AEM at a Fiat Chrysler Authorized Dealer or, in certain areas, through a Fiat Chrysler service provider, regardless of whether they are Class Members. The specific repairs that will be performed are generally described in Paragraph 23 of the Consent Decree. All vehicles that receive the AEM will also be entitled to the Extended Warranty.
Subject to the limitations on non-operable vehicles and vehicles that have modified emissions systems, as discussed in “What if I altered my vehicle’s emission control system?” and “What if my vehicle is not operable?” in the Ecodiesel Settlement Benefits section below, all current owners and current lessees of Subject Vehicles will be able to obtain the AEM and Extended Warranty regardless of whether they are Class Members, but only Class Members are eligible for monetary compensation.
Several broad categories of Class Members qualify for payment benefits: Eligible Owners, Eligible Lessees, Eligible Former Owners, and Eligible Former Lessees. The Class Action Agreement sets forth all eligibility criteria and compensation details, but the table below provides an overview of the Class Member categories and the benefits they are eligible to receive.
Category | Definition | Benefits | Class Member Payment |
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Owned an Eligible Vehicle on January 12, 2017 (NOV date), and owns that Vehicle at the time of the AEM | Owner Payment + Approved Emissions Modification + Extended Warranty |
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Eligible Owner (acquired vehicle after January 12, 2017) (does not apply to owners of vehicles that were leased as of January 10, 2019, who are treated as Eligible Lessees, and not Eligible Owners) |
Owns an Eligible Vehicle at the time of the AEM, but did not own that Eligible Vehicle on January 12, 2017 (NOV date) | Owner Payment + Approved Emissions Modification + Extended Warranty |
$2,460 (if an Eligible Former Owner or Eligible Former Lessee of the vehicle also submits a valid claim for benefits) OR $3,075(if no other Class Member submits a valid claim for benefits related to the same vehicle) |
Eligible Former Owner† | Owned an Eligible Vehicle on January 12, 2017 (NOV date), and sold the vehicle on or before January 10, 2019 (date of settlement announcement) | Former Owner Payment | |
Eligible Lessee | Leases an Eligible Vehicle at the time of the AEM, or purchased an Eligible Vehicle that was leased on January 10, 2019 (date of settlement announcement), and owns the Eligible Vehicle at the time of the AEM | Lessee Payment* + Approved Emissions Modification + Extended Warranty |
|
Eligible Former Lessee† | Leased an Eligible Vehicle on January 12, 2017 (NOV date), and surrendered the vehicle before the vehicle receives the AEM. | Lessee Payment |
* Eligible Owners and Eligible Lessees who participate in the Claims Program must complete an Approved Emissions Modification to receive the Class Member Payment.
† For additional details relating to totaled vehicles, see “Can I receive benefits if my vehicle is totaled?” in the Ecodiesel Settlement Benefits section below.
Class Members who wish to claim benefits under the Class Action Agreement and have not already sold or otherwise transferred ownership of their vehicles should retain their vehicles, submit a claim, and have the AEM performed on their vehicles.
If you owned an Eligible Vehicle on January 12, 2017 (NOV date), and you sold your vehicle before January 10, 2019 (date of settlement announcement), including transferring it to an insurance company or otherwise selling to a junkyard or salvage dealer following a total loss (i.e., a “totaled” vehicle), you are a Class Member. You may be eligible to receive benefits as an Eligible Former Owner.
TO OBTAIN SETTLEMENT BENEFITS, Eligible Former Owners MUST submit a complete and valid claim within 90 days after the Court’s final approval of the Settlements to be eligible for compensation. Under the proposed schedule, this would mean a deadline of August 1, 2019, although the deadline may change depending on when the Court finally approves the Settlements. Please check back regularly for updates regarding this deadline which will be posted on this website. Eligible Former Owners who miss the 90-day claim deadline will not receive any settlement compensation.
If you sold or otherwise transferred title of your Eligible Vehicle after January 10, 2019, but before April 15, 2019, you are not a Class Member, this Agreement does not cover or release any potential claims you might have against the Defendants, and you will not receive any compensation under the Class Action Agreement.
If you sold or otherwise transferred title of your Eligible Vehicle after April 15, 2019, but before the vehicle receives the AEM, you are a Class Member but you will not receive any compensation under the Class Action Agreement. To avoid this situation, you should keep your vehicle, submit a claim and then schedule and complete an AEM appointment as soon as possible.
If, because of a total loss, you transferred title to your Eligible Vehicle to an insurance company or an equivalent after January 10, 2019, and prior to receiving the AEM, please see “Can I receive benefits if my vehicle is totaled?” in the Ecodiesel Settlement Benefits section below for further information.
If you leased an Eligible Vehicle as of January 12, 2017 (NOV date), and your lease terminated before the AEM is performed, you are a Class Member known as an Eligible Former Lessee.
If you are leasing an Eligible Vehicle when the AEM is performed, you are a Class Member known as an Eligible Lessee.
Lessees will be entitled to the same compensation under the Class Action Agreement regardless of whether they are classified as Eligible Lessees or Eligible Former Lessees.
If you previously leased an Eligible Vehicle and then purchased it, please see “Am I covered by the Class Action Agreement if I leased and then purchased the vehicle that I now own?” below for further information.
TO OBTAIN SETTLEMENT BENEFITS, Eligible Former Lessees MUST submit a complete and valid claim within 90 days after the Court’s final approval of the Settlements to be eligible for compensation. Under the proposed schedule, this would mean a deadline of August 1, 2019, although the deadline may change depending on when the Court finally approves the Settlements. Please check back regularly for updates regarding this deadline which will be posted on this website. Eligible Former Lessees who miss the 90-day claim deadline will not receive any settlement compensation. For details on how to submit a claim, please refer to the Claims Submission Process Overview section above.
If you acquired an Eligible Vehicle after January 12, 2017 (NOV date), and continue to own the vehicle as of the date it receives the AEM, you are a Class Member known as an Eligible Owner. However, if you own an Eligible Vehicle that was leased, either by you or another party, as of January 10, 2019 (date of settlement announcement), and own the vehicle when the AEM is performed, you are eligible for a Lessee Payment, not an Owner Payment.
If you acquired an Eligible Vehicle after January 12, 2017 and sold or otherwise transferred ownership of that vehicle after January 10, 2019, but before April 15, 2019, you are not a Class Member and you will not receive any benefits under the Class Action Agreement.
If you acquired an Eligible Vehicle after January 12, 2017, and, because of a total loss, transferred title of the vehicle to an insurance company or equivalent after April 15, 2019, you are not a Class Member and you will not receive any benefits under the Class Action Agreement.
If you acquired an Eligible Vehicle after January 12, 2017, and sold or otherwise transferred title of that vehicle after April 15, 2019, but before the vehicle receives the AEM, you are a Class Member but you will not receive any benefits under the Class Action Agreement. To avoid this situation, you should keep your vehicle, submit a claim and then schedule and complete an AEM appointment as soon as possible.
If you purchase or lease an Eligible Vehicle on or after April 15, 2019 but before the last day to submit a claim as set out in “What is the deadline to submit a claim?” in the How to Get Benefits section below, you have the right to exclude yourself from (opt out of) the class on or before the last day to submit a claim, or within 60 days of purchase/lease, whichever is later. (See Paragraph 6.1 of the Class Action Agreement for additional details.) For more information regarding your right to exclude yourself from the Class Action Agreement, please see “How do I get out of the Class Action Agreement?” in the Understanding The Class Action Process section below.
Yes, you are a member of the Class. The benefits you will receive depend on when you purchased your vehicle. If you purchased your vehicle before January 10, 2019, you are an Eligible Owner. If you purchased your previously-leased vehicle on or after January 10, 2019, you are an Eligible Lessee. However, if you are an Eligible Lessee, and if you purchase and then subsequently sell the Eligible Vehicle after January 10, 2019, and before it receives the AEM, you will not receive any benefits under the Class Action Agreement.
If the AEM was already installed on your Subject Vehicle before you purchased it (e.g. the FCA dealership or the prior owner of your vehicle already completed the AEM before selling the vehicle to you), then you are not eligible for compensation. To be eligible for compensation as a Current Owner, you must own the vehicle at the time that it receives the AEM. For more information, please review the Settlement Long Form Notice here Long Form Notice
Fiat Chrysler has developed, and the EPA and CARB have approved, a change to the emissions software referred to as the Approved Emissions Modification (“AEM”) that ensures compliance with the emissions standards to which the vehicles were originally certified without reducing advertised performance or average fuel economy. Owners and lessees who still own or lease their vehicles will be entitled to receive the AEM free of charge and an Extended Warranty. In addition to an Approved Emissions Modification, the Class Action Agreement provides for monetary compensation to Class Members that receive an AEM, as described in “Who qualifies for payment benefits? And what will they receive?” above.
If you leased your vehicle and then purchased it, your benefits depend on when you bought your vehicle and on whether and when you sold it.
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If you purchased your Eligible Vehicle after January 10, 2019 (date of settlement announcement), and still own the vehicle, you are considered an Eligible Lessee. If you continue to own the vehicle when the Approved Emissions Modification is performed you are entitled to a Lessee Payment and an Extended Warranty. If you leased the vehicle as of January 12, 2017, and surrender it at the conclusion of your lease before the Approved Emissions Modification is performed, you are entitled to a Lessee Payment as an Eligible Former Lessee.
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If you purchased your Eligible Vehicle from a lease on or before January 10, 2019, you are considered an Eligible Owner. If you continue to own the vehicle when the Approved Emissions Modification is performed, you are entitled to an Owner Payment and an Extended Warranty. If you leased the vehicle as of January 12, 2017, and purchased and then sold or otherwise transferred title of the vehicle before January 10, 2019, you are entitled to a Former Owner Payment.
If your Eligible Vehicle is or was declared a total loss (“totaled”) and transferred to an insurance company (or otherwise sold to a junkyard, salvage dealer, or the equivalent), your eligibility for benefits under the Class Action Agreement depends on when title of the totaled vehicle is transferred.
If you owned an Eligible Vehicle on or before January 12, 2017, but that vehicle was totaled and transferred to an insurance company (or otherwise sold to a junkyard, salvage dealer, or the equivalent) before the AEM is performed, you can still receive compensation as an Eligible Former Owner (a Former Owner Payment). However, you must submit a complete claim by the applicable deadline as set out in “What is the deadline to submit a claim?” in the How to Get Benefits section below.
If you acquired an Eligible Vehicle after January 12, 2017, but that vehicle was totaled and transferred to an insurance company (or otherwise sold to a junkyard, salvage dealer, or the equivalent) before the AEM is performed on the vehicle, you are not eligible to receive compensation under the Class Action Agreement.
If you leased an Eligible Vehicle on or before January 12, 2017, but that vehicle was totaled and surrendered under the terms of the lease before the AEM is performed, you can still receive compensation as an Eligible Former Lessee. However, you must submit a complete claim by the applicable deadline as set out in in “What is the deadline to submit a claim?” in the How to Get Benefits section below.
If your lease began after January 12, 2017, and your vehicle was totaled and surrendered under the terms of the lease before the AEM is performed, you are not eligible to receive compensation under the Class Action Agreement.
If you own or lease an Eligible Vehicle, to receive compensation under the Class Action Agreement, you must submit a complete and valid claim by 21 months after the Court’s orders granting final approval of the Settlements and complete your AEM by 24 months after the Court’s orders granting final approval of the Settlements. You can continue to drive your vehicle without an Approved Emissions Modification until you schedule an Approved Emissions Modification appointment, but you will not receive payment or an Extended Warranty until the Approved Emissions Modification is performed (unless the vehicle is declared a total loss and transferred to an insurance company or equivalent, and you timely file a complete and valid Claim—as described in ” Can I receive benefits if my vehicle is totaled?” above).
Please note that Eligible Former Owners and Eligible Former Lessees must submit a complete and valid claim within 90 days after final approval of the Class Action Agreement. Under the proposed schedule, this would mean a deadline of August 1, 2019, although the deadline may change depending on when the Court finally approves the Settlements.
Eligible Former Owners and Eligible Former Lessees who do not submit a claim before the 90-day deadline will not receive compensation under the Class Action Agreement.
Please check this website regularly for updates regarding this deadline.
The Approved Emissions Modification will be available 15 days after the Court grants final approval of the Settlements. The earliest date the AEM will be available is May 18, 2019. All owners or lessees of Subject Vehicles, including Class Members, will be able to obtain the repair at a Fiat Chrysler Authorized Dealer or, in certain areas, through a Fiat Chrysler service provider. Eligible Class Members will receive the associated Class Member Payment described “Who qualifies for payment benefits? And what will they receive?” in the Eligibility section above. The specific repairs that will be performed are generally described in Paragraph 23 of the Consent Decree.
Fiat Chrysler will provide a loaner vehicle at no cost to the Eligible Owner/Lessee for any Approved Emissions Modification that is scheduled to take longer than three hours or that is not complete within three hours of the scheduled start of the appointment. Class Members who receive a loaner vehicle under this provision will have 24 hours to return the vehicle from the time Fiat Chrysler notifies them that the AEM is complete.
If you altered the emission control system in your vehicle, you may still be eligible to receive the AEM and may still be a Class Member eligible for compensation under the Class Action Agreement. However, if the AEM cannot be installed on your vehicle because of alterations to the emission control system or if the alterations are likely to substantially affect the operation of your vehicle with the AEM installed, you may not be eligible for the AEM or compensation under the Class Action Agreement unless you first reverse the alterations, at your own expense (see Paragraph 38.e of the Consent Decree and Paragraph 2.52 of the Class Action Agreement for additional details).
A vehicle must be operable to be considered an Eligible Vehicle. That means the vehicle must be able to be driven under its own engine power and is in reasonable condition such that it can be driven lawfully and safely on public roads (see Paragraph 2.52 of the Class Action Agreement for additional details). If your vehicle is not operable, you must restore it to an operable condition at your own expense for it to be considered an Eligible Vehicle.
The Approved Emissions Modification is intended to ensure that the Subject Vehicles are in compliance with the exhaust emissions standards to which they were originally certified.
Nature of the Approved Emissions Modification. The Approved Emissions Modification (AEM) consists of a software reflash that modifies the calibrations in your vehicle's Engine Control Unit (ECU) and Transmission Control Unit (TCU). There are no hardware changes to your vehicle associated with this AEM. However, your authorized Ram or Jeep dealership may make certain hardware changes to your vehicle or may modify your vehicle in accordance with open recall notices at the same time the AEM is installed. You should ask your authorized dealer about these changes to your vehicle, as they are not part of the AEM described in this document.
Key Vehicle Attributes. This AEM is not expected to change any of your key vehicle attributes, such as reliability, durability, vehicle performance, drivability, engine noise or vibration, or other driving characteristics.
DEF Consumption. The AEM is not expected to change your Diesel Exhaust Fluid (DEF) tank refill interval. If your previous refill rate coincided with your oil change interval, that should not change with this software update. However, you may notice that under certain conditions your vehicle may use slightly more DEF as compared to prior usage.
Fuel Economy. Average fuel economy is not expected to change as a result of this AEM. The AEM may, under sustained low speed driving (e.g., under 21 mph) with frequent stops, decrease your fuel economy or, under sustained high speed driving conditions, increase or decrease your fuel economy. As with all vehicles, however, several factors can affect your actual fuel economy such as: how and where you drive, vehicle condition, maintenance and age, fuel variations, and vehicle variations.
The “Approved Emissions Modification Extended Warranty” is a warranty that will apply to all vehicles that receive an Approved Emissions Modification. It will cover the cost of all parts and labor needed to repair the items listed in Appendix E of the Consent Decree, which are also listed here:
Catalysts: Diesel Oxidation Catalyst / Diesel Particulate Filter (DPF) Assembly; Selective Catalytic Reduction (SCR) Catalyst
Diesel Exhaust Fluid (DEF) System: DEF Injector; DEF Injector Controller; DEF Storage Tank; DEF Delivery Lines; DEF Concentration Sensor (2016 Model Year Ram 1500 and Jeep Grand Cherokee only); DEF Supply Module, Pump, & Temperature Sensor Unit
Parts of the Fuel System: Low Pressure Fuel Pump Module & Level Unit; Fuel Injectors; Fuel Rail; High Pressure Fuel Line; High Pressure Injection Pump & Regulator Unit
Parts of the Exhaust Gas Recirculation (EGR) System: EGR Cooler Tubes; EGR Cooler; EGR Valve; EGR Temperature Sensor; EGR Cooler bypass actuator
Other Sensors That Are Covered: Oxygen Sensors; NOx Sensors; Intake Manifold Pressure Sensor; Engine Coolant Temperature Sensor; Fuel/Water Separator Sensor; Intake Swirl Actuator Sensor; Engine Camshaft Position Sensor; Engine Crankshaft Position Sensor; Particulate Matter Sensor; Mass Airflow Sensor; Boost Pressure Sensor; Crankcase Pressure Sensor; Exhaust Manifold Pressure Sensor; Throttle Valve; Exhaust Temperature Sensor; DPF Differential Pressure Sensor
Engine Control Module (Computer)
Transmission Control Module (Computer/Valve Body & Solenoids)
Throttle Valve
Cylinder Head Assembly, including Valves, Springs, Valve Spring Keepers, Valve Seats, Cam Bearing Caps, and Manifold Studs (Camshaft and other components of the assembly are not covered)
Engine Thermostat/housing/gasket
The turbocharger system including all related hoses and pipes, all sensors and actuators
Additionally, the Extended Warranty shall cover the cost of any OBD Diagnostic Scan for malfunctions that trigger the OBD Malfunction Indicator Light (MIL), regardless of whether the malfunction is attributable to a part that is covered under the Extended Warranty.
The Approved Emissions Modification Extended Warranty will extend to all parts and labor related to the covered components.
The Approved Emissions Modification Extended Warranty will not void any outstanding warranty. If there is a conflict between the Extended Warranty and any outstanding warranty, that conflict will be resolved to your benefit. The warranty term is the greater of (i) 10 years from the date of initial sale or 120,000 actual miles on the vehicle odometer, whichever comes first; and (ii) 4 years or 48,000 miles from the date and mileage of installing the Approved Emissions Modification on the vehicle, whichever comes first. In no event shall the Extended Warranty apply to or provide any coverage for Eligible Vehicles after May 1, 2029. In the event that an Eligible Vehicle that has received the Approved Emissions Modification is resold, the remaining Extended Warranty Period, if any, is transferable to subsequent purchasers and shall continue through the date or mileage determined in this Paragraph for the benefit of such subsequent purchasers.
The Extended Warranty also provides buyback protections to any Eligible Owner or Eligible Lessee of an Eligible Vehicle that receives the AEM in the event that, during the 18 months or 18,000 miles (whichever comes first) following the completion of the AEM (the “Remedy Period”), Fiat Chrysler fails to repair or remedy a confirmed failure or malfunction covered by the Extended Warranty and associated with the AEM (a “Warrantable Failure”) after the Eligible Owner or Eligible Lessee physically presents the Eligible Vehicle to a Fiat Chrysler Authorized Dealer for repair of the Warrantable Failure; and (1) the Warrantable Failure is unable to be remedied after making four separate service visits to the same Fiat Chrysler Authorized Dealer for the same Warrantable Failure during the Remedy Period; or (2) the Eligible Vehicle with the Warrantable Failure is out-of-service due to the Warrantable Failure for a cumulative total of thirty (30) days during the Remedy Period, not including any days when the Dealer returns or otherwise tenders the Eligible Vehicle to the customer while the Fiat Chrysler Authorized Dealer awaits necessary parts and such vehicle remains Operable.
Additional detail regarding the Extended Warranty can be found in Paragraph 45 and Appendix E of the Consent Decree.
To claim Class Action Agreement benefits, you will need to submit a claim online or by mail. Online claims submissions are likely to be processed most quickly. An online Claims Portal will be available through this website for submitting claims online. Please check this website regularly or sign up for e-mail updates for further information on when the online Claims Portal will be available.
To submit claims by mail, you may print a Claim Form from this website or request a claim form to be sent to you by calling 1-833-280-4748. Completed claim forms may be sent by mail to:
The Claims Period begins on the date the Court grants final approval of the Settlements. The earliest date this could occur is May 3, 2019. While FCA may not review Claims Forms and supporting documentation until the Claims Period begins, you will be able to start your claim before the Claims Period begins and you can take steps now to stay updated on the claims process.
You can sign up on this website for e-mail updates about the Class Action Agreement, including notification of when Claims Forms will be available. Signing up for e-mail updates on is not submission of a claim, and you should check this website regularly, even after you sign up for e-mail updates.
The deadline for you to submit a claim depends on whether you are (i) an Eligible Owner or Eligible Lessee or (ii) an Eligible Former Owner or Eligible Former Lessee.
If you are an Eligible Former Owner or Eligible Former Lessee, to receive benefits under the Class Action Agreement, you must submit a complete and valid claim within 90 days of the Court’s final orders approving the Settlements. Under the proposed schedule, this would mean a deadline of August 1, 2019, although the deadline may change depending on when the Court finally approves the Settlements.
However, if you become an Eligible Former Owner or Eligible Former Lessee because your Eligible Vehicle is transferred to a third party after January 10, 2019, as a result of a total loss, but before the AEM is performed, your deadline to submit a complete and valid claim is the later of (1) 90 days from the Court’s orders granting final approval of the Settlements, or (2) 60 days after title is transferred (for Eligible Former Owners), or 60 days after surrendering the leased vehicle under the terms of the lease (for Eligible Former Lessees). In no event, however, will the deadline extend beyond 21 months from the Court’s orders granting final approval of the Settlements.
The deadline for Eligible Former Lessees whose leases began on or before January 12, 2017, and who terminate their leases before receiving the AEM is also the later of (1) 90 days from the Court’s orders granting final approval of the Settlements, or (2) 60 days after surrendering the leased vehicle under the terms of the lease, but in no event later than 21 months from the Court’s orders granting final approval of the Settlements.
All other Class Members must submit a complete and valid claim by 21 months from the Court’s orders granting final approval of the Settlements. You will need to complete any Approved Emissions Modification by the time the Class Action Agreement claim program ends, which is 24 months from the Court’s orders granting final approval of the Settlements. To ensure that you have adequate time to schedule and complete your Approved Emissions Modification, you should not wait until the 21-month deadline approaches to submit your claim or schedule your Approved Emissions Modification.
Class Members who do not submit a claim by the applicable deadline will not receive settlement compensation.
Supporting documentation required to complete your claim may include:
Current vehicle registration (if applicable);
Your driver’s license or other government-issued identification;
Dates you owned or leased the Eligible Vehicle; and
Sufficient proof of current or former ownership or lease (as applicable).
The earliest possible time for payments to begin is approximately six weeks from the Court’s orders granting final approval of the Class Action Agreement. If the Court grants final approval of the Class Action Agreement, Defendants will pay eligible claims on a rolling basis as they are received and approved and offers are accepted by Class Members. The claims program will begin when the Court grants final approval of the Class Action Agreement and will not wait until appeals, if any, are resolved before providing benefits.
Once your claim is submitted, including all required documentation, you will be notified whether your claim is complete. If your claim is deficient, you will receive instructions concerning how to resolve any deficiency. Once your claim and documents are complete and you are determined to be eligible, you will receive an offer letter and release form that you must sign, notarize, and return. Once the offer package is accepted, you will be able to schedule your Approved Emissions Modification at a Fiat Chrysler Authorized Dealer (for Eligible Owners and Eligible Lessees), or your payment will be processed (for Eligible Former Owners and Eligible Former Lessees). For Eligible Owners and Eligible Lessees, payments will be processed only after the Approved Emissions Modification is performed.
In general, Eligible Owners and Eligible Lessees should complete a claim before scheduling an appointment for an Approved Emissions Modification. However, an Eligible Owner or Eligible Lessee who receives an Approved Emissions Modification prior to submitting a claim will still be eligible for compensation if the Eligible Owner or Eligible Lessee later submits a valid claim within 21 months of the Court’s orders granting final approval of the Settlements.
If you are an Eligible Owner, and you complete a valid claim within the first 90 days after the Court grants final approval of the Settlements, you may choose to either (i) receive an initial payment of $2,460, and an additional, later payment of $615 if no Eligible Former Owner or Eligible Former Lessee submits a valid claim for compensation related to your vehicle within 90 days after the Court grants final approval of the Settlements, or (ii) choose to receive a single lump-sum payment after 90 days from the date the Court grants final approval of the Settlements, which will be $2,460 if an Eligible Former Owner or Eligible Former Lessee has made a valid claim for your vehicle, or $3,075 if no Eligible Former Owner or Eligible Former Lessee has made a valid claim for your vehicle. If you have any questions about your payment options, please call 1-833-280-4748.
A class action is a representative lawsuit. One or more plaintiffs (who are also called “class representatives”) sue on behalf of themselves and all other people with similar claims who are not named in the lawsuit but are described in the class definition and are called “Class Members.” When a class action is settled, the Court resolves the issues in the lawsuit for all Class Members, except for those who leave (opt out of) the class. Opting out means that you will not receive benefits under the Class Action Agreement. The opt-out process is described in Question 26 of this Notice.
If the Court approves the Class Action Agreement and you do not opt out, you will be eligible for the monetary benefits described above. In exchange, you will waive your right to sue the Defendants and related parties for the claims being resolved by this Class Action Agreement.
This Class Action Agreement does not provide compensation for any individuals or entities who are not members of the Class and does not affect any legal claims related to claims for personal injury or wrongful death.
The Class Action Agreement contains the complete text and details of what rights Class Members waive unless they exclude themselves from the Class Action Agreement, so please read it carefully. In particular, please refer to Section 9 of that document. The Class Action Agreement is available on this website. If you have any questions, you may contact Class Counsel at EcoDieselClassCounsel@lchb.com or 1-888-315-6096 for free, or you may talk to your own lawyer.
No. The Class Action Agreement does not affect or release any personal injury or wrongful death claims you may have, now or in the future.
If you do not want to receive the benefits provided by the Class Action Agreement, and you want to retain the right to sue the Defendants separately about the legal issues in this case, then you must take steps to remove yourself from the Class. You may do this by asking to be excluded from—sometimes referred to as “opting out of”—the Class. To do so, you must send a letter or other written document to the Claims Administrator. Your request must include:
Your name, address, and telephone number;
The VIN of your vehicle;
A statement that “I wish to exclude myself from the Class in In Re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation, No. 3:17-md-2777,” or substantially similar clear and unambiguous language;
A statement as to whether you own, lease, owned, or leased an Eligible Vehicle and the dates of ownership or lease;
If you no longer own or lease your vehicle, evidence that the vehicle was sold or that the lease expired or was terminated; and
Your personal signature (electronic signatures, including Docusign, are invalid and will not be considered personal signatures).
You must either (i) mail your signed written request to EcoDiesel Settlement Opt-Out, P.O. Box 58339, 1500 John F Kennedy Blvd, Suite C31, Philadelphia, PA 19102 or (ii) e-mail a complete and legible scanned copy or photograph of your signed written request to OptOut@EcoDieselSettlementAdmin.com. Your signed written request must be sent (postmarked or e-mailed) by April 15, 2019, except that if you purchased or leased your Eligible Vehicle on or after April 15, 2019 but before the last day to submit a claim, your signed written request must be sent (postmarked or e-mailed) by the last day to submit a claim or 60 days from the date of purchase or lease, whichever is later. (See “What is the deadline to submit a claim?” in the How to Get Benefits section above and Paragraph 6.1 of the Class Action Agreement for additional details.)
The Parties will make reasonable efforts to promptly identify opt-out requests that are unreadable and to notify those individuals before the Opt-Out Deadline, if possible.
No. Unless you exclude yourself, you give up the right to sue the Defendants for all of the claims that this Class Action Agreement resolves.
No. If you exclude yourself, you will not get any of the monetary benefits provided by the Class Action Agreement. Under the Consent Decree, you would still be able to obtain an Approved Emissions Modification and Extended Warranty free of charge.
Yes. The Court has appointed lawyers to represent all Class Members as “Class Counsel.” You will not be charged for contacting these lawyers. Please contact them at EcoDieselClassCounsel@lchb.com or 1-888-315-6096. They are:
Elizabeth J. Cabraser LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Roland K. Tellis BARON & BUDD, P.C. 15910 Ventura Boulevard, Suite 1600 Encino, CA 91436 Lesley E. Weaver BLEICHMAR FONTI & AULD, LLP 555 12th Street, Suite 1600 Oakland, CA 94607 Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP 1301 2nd Avenue, Suite 2000 Seattle, WA 98101 Joseph F. Rice MOTLEY RICE, LLC 28 Bridgeside Boulevard Mount Pleasant, SC 29464 W. Daniel Miles, III BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES P.C. 218 Commerce Street Montgomery, AL 36104 David S. Casey, Jr. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP 110 Laurel Street San Diego, CA 92101-1486 Lynn Lincoln Sarko KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Rachel L. Jensen ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 98101 Stacey P. Slaughter ROBINS KAPLAN LLP 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 |
Any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid separately by Defendants in addition to the Class benefits, and will not reduce benefits to Class Members.
Defendants will pay reasonable attorneys’ fees and costs to Class Counsel approved by the Court in addition to the benefits provided to the Class Members in the Class Action Agreement. Class Counsel will ask the Court to award $59 million in attorneys’ fees and $7 million in costs in a document to be filed on March 11, 2019. In that same document, Class Counsel will ask the Court to award each of the 60 proposed Settlement Class Representatives a $5,000 “service award” for their work in this litigation. That document will be available on the Settlement Website shortly after it is filed with the Court, and will describe the methodology and rationale behind Class Counsel’s request. Class Members will have an opportunity to comment on and/or object to this request, as explained further ” How do I tell the Court if I do not like the Class Action Agreement?” below. The Court must approve these attorneys’ fees and costs and service awards before they are paid by Defendants.
Defendants will not pay attorneys’ fees and costs to any attorneys other than Class Counsel and attorneys working under Class Counsel’s direction. If you choose to hire attorneys that have not been appointed as Class Counsel, you may incur additional charges, subject to your agreement with your personally-retained attorneys. No attorneys other than Class Counsel or other attorneys authorized by Class Counsel to perform work in connection with this Action will receive fees or expenses from Defendants under this Class Action Agreement or any fee-shifting statute.
If you do not exclude yourself from the Class Action Agreement, you may object to it. The Court will consider your views. Even if you make an objection, you must also submit a claim in order to get cash compensation under the Class Action Settlement.
To comment on or to object to the Class Action Agreement or Class Counsel’s request for attorneys’ fees and costs, you or your attorney must submit your written objection to the Court, including the following:
Your name, address, and telephone number;
A statement saying that you object to the Class Action Agreement in In Re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation, No. 3:17-md-2777 (N.D. Cal.);
A statement that you have reviewed the Class definition and have not opted out of the Class;
The reasons you object to the Class Action Agreement or Class Counsel’s request for attorneys’ fees and costs, along with any supporting materials;
The VIN of your Eligible Vehicle and the dates you owned or leased the Eligible Vehicle; and
Your signature and date.
In addition, if you wish to speak at the final approval hearing (the “Fairness Hearing”), you must submit a written notice of your intent (see “May I speak at the hearing?” below).
You must mail your objection to the addresses below, postmarked by April 15, 2019:
COURT | CLASS COUNSEL | FIAT CHRYSLER DEFENDANTS | BOSCH DEFENDANTS | Clerk of the Court/Judge Edward Chen Phillip Burton Federal Building & United States Courthouse 450 Golden Gate Avenue San Francisco, CA 94102 | Elizabeth Cabraser Lieff Cabraser Heimann & Bernstein, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 | Robert J. Giuffra, Jr. Sullivan & Cromwell LLP 125 Broad Street New York, NY 10004 | Matthew D. Slater Cleary Gottlieb Steen & Hamilton LLP 2112 Pennsylvania Avenue NW Washington, DC 20037 |
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If you opt out of the Class, you cannot object to the Class Action Agreement. Opting out is telling the Court that you do not want to be part of the Class Action Agreement, and you do not want to receive any Class Action Agreement benefits. If you opt out, you have no basis to object to the Class Action Agreement by telling the Court you do not like something about it, because the Class Action Agreement no longer affects you. If you opt out, you retain your right to sue Defendants, but you give up your right to obtain monetary compensation under the Class Action Agreement. If you opt out, you may still receive the Approved Emissions Modification and Extended Warranty.
If you object to the Class Action Agreement, you are expressing your views about the Class Action Agreement but remain a member of the Class (if you are otherwise eligible). If you make an objection, you must still submit a claim in order to get cash compensation under the Class Action Settlement.
The Court will hold the Fairness Hearing on May 3, 2019, at 10:00 a.m., at the United States District Court for the Northern District of California, located at the United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 1-833-280-4748.
At this hearing, the Court will hear evidence about whether the Class Action Agreement and Class Counsel’s request for attorneys’ fees and costs is fair, reasonable, and adequate. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Class Action Agreement and Class Counsel’s request for attorneys’ fees and costs. We do not know how long it will take for the Court to reach its decisions.
No. Class Counsel and lawyers representing the Defendants will answer questions the Court may have. You are welcome to attend at your own expense. If you timely file an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it. You also may have your own lawyer attend the hearing at your expense, but it is not necessary.
If you do attend the Fairness Hearing, you may ask the Court for permission to speak. To do so, you must first send a letter stating that it is your “Notice of Intention to Appear in In Re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation, No. 3:17-md-2777 (N.D. Cal.).” Be sure to include your name, address, telephone number, and signature. Your notice of intention to appear must be postmarked by April 22, 2019 and sent to the addresses listed in “How do I tell the Court if I do not like the Class Action Agreement?” above. The Court will determine whether to grant you permission to speak.
The Court-approved notice summarizes the proposed Class Action Agreement. More details are in the Class Action Agreement and the proposed Consent Decree. You can get copies of all of these documents in the Court Documents,Forms & Notices section above. You also may call 1-833-280-4748 for additional information or send questions via e-mail to Info@EcoDieselSettlementAdmin.com or via regular mail to EcoDiesel Settlement Claims, PO Box 2960, Farmington Hills, MI 48333-2960.
You can access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, between 9:00 am and 4:00 pm, Monday through Friday, excluding Court holidays.