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FCA Hit with Class-Action Lawsuit Alleging Emissions Cheating

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May 15, 2018—On Monday, Fiat Chrysler and Cummins Inc. were hit with an amended class-action lawsuit stating the companies colluded to develop and conceal no less than two emissions-cheating defeat devices used in pickups. The defeat devices were allegedly installed in 2007-12 diesel Dodge Ram 2500 and 3500 trucks.

According to a press release from law firm Hagens Berman, affected vehicles include all 2007-12 Dodge Ram trucks with a Cummins 6.7 liter engine.

Hagens Berman conducted testing, including extensive portable emission measurement system testing and dynamometer emissions testing, using the same device used by the EPA and the California Air Resources (CARB) to discover defeat devices. Defeat devices, of course, were also at the heart of the recent Volkswagen “Dieselgate” scandal. Attorneys at Hagens Berman say they tested multiple additional vehicles affected by the defeat devices, and felt they uncovered specific instances of de-rated emissions.

Steve Berman, managing partner of Hagens Berman, said his firm looks forward “to proving our findings that Fiat Chrysler and Cummins knowingly installed multiple illegal devices in Dodge Ram trucks to cheat emissions tests.”

The lawsuit specifically accuses FCA and Cummins Inc. of committing fraudulent concealment, false advertising and violating the Racketeer Influenced and Corrupt Organizations Act (RICO), along with consumer-protection laws, by intentionally misleading the public, concealing emissions levels, illegally selling noncompliant polluting vehicles, knowingly profiting from “dirty” diesels, and using fraudulently gained emissions credits from the EPA to use on further production of high-polluting vehicles.

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