Fiat Chrysler (FCA) has filed a motion to dismiss an emissions lawsuit that claims Dodge Ram trucks emit illegal levels of nitrogen oxides, which the car company has allegedly covered up with the use of “defeat devices” during emissions testing. Cummins, an engine manufacturer used by Chrysler, is also listed as a defendant.
The class-action lawsuit, which came to light in November 2016, alleges that particulate emissions from the Ram 2500 and 3500 diesel trucks were greater than Fiat Chrysler advertised, writes Car Complaints. Attorneys for the plaintiffs contend that the trucks’ emissions caused catalytic converters to wear out more quickly, resulting in the vehicle burning fuel at a higher rate. Another claim of the lawsuit alleges Chrysler and Cummins violated the Racketeer Influenced and Corrupt Organization (RICO) Act by working together to commit fraudulent concealment, false advertising and to violate consumer protection laws.
Chrysler and Cummins have offered a litany of reasons as to why the case should be dropped, including: the plaintiffs don’t specify what false statement the automaker made about the emissions of the trucks; racketeering charges are unjust because the plaintiffs have lumped FCA and Cummins together, something that cannot be done when alleging fraudulent actions; plaintiffs do not point to any specific advertisements issued or sponsored by Cummins; plaintiffs can’t prove they relied upon advertisements when deciding to buy the Ram trucks.
Another claim by FCA says the entire case is based on the unregulated test of one vehicle. Furthermore, FCA says the plaintiffs never claimed the test truck belonged to any of them, while Cummins claims the plaintiffs are trying to benefit from the Volkswagen emissions scandal.
It was reported this week that Volkswagen is facing an “unprecedented cash drain” due to the company’s emissions cheating scandal. In 2015, VW admitted to installing emissions cheating software in millions of cars, which allowed the vehicles’ nitrogen oxide output to meet US standards during testing, but emit up to 40 times more during real-word driving.