Christina Spicer  |  January 15, 2020

Category: Legal News

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The plaintiffs in a Canada EcoDiesel emissions cheating class action lawsuit have amended their complaint lodged in the aftermath of a worldwide scandal over illegal device defeating software.

The lead plaintiffs, Robert Maginnis and Michael Magnaye, allege in the EcoDiesel emissions cheating class action lawsuit that Fiat Chrysler of Canada and Robert Bosch LLC conspired to include defeat devices that could cheat on emissions testing in certain vehicles, including the Dodge Ram 1500 and Jeep Grand Cherokee. The devices were reportedly included in model year 2014-2016 vehicles.

The EcoDiesel emissions cheating class action lawsuit was amended to include car dealerships, alleging that Fiat Chrysler dealerships breached express and applied warranties when it came to vehicles with the defeat device installed.

According to the complaint, Bosch and Fiat Chrysler dealerships each played a part in installing defeat devices and withholding this information from the public.

“These devices render the emission control systems of the Vehicles ineffective and constitute one or more Defeat Devices, which are banned under Canadian and US law,” alleges the EcoDiesel emissions cheating class action lawsuit.

“The Defeat Devices permitted the Vehicles to pass regulatory emissions tests in that the Defeat devices detected laboratory testing conditions and falsely showed the Vehicles’ emissions to be low during testing.”

Not only do the emissions levels of these vehicles go above regulatory maximums, allege the plaintiffs, but the level of noxious gases produced by vehicles with the defeat devices far also exceed regulatory requirements. Despite this, Fiat Chrysler marketed the vehicles as “clean diesel” and “ultra clean.”

“The Defendants knew that these attributes enhanced the value of the Vehicles in the minds of customers,” contends the EcoDiesel emissions cheating class action lawsuit.

According to the plaintiffs, the nature of diesel-burning engines leads to higher emissions of noxious gases, including NOX and other pollutants. In a tightening regulatory environment and in response to consumer demand, car makers began to manufacture so-called “clean” diesel vehicles.

However, lowering emissions has an effect on the performance of the vehicle, states the EcoDiesel emissions cheating class action lawsuit, including on acceleration and fuel efficiency.

In Canada, carmakers must adhere to certain emissions standards provided by law. Many of these standards mirror U.S. law, specifically the prohibition of defeat devices for emissions standard testing.

The plaintiffs say that Bosch, an automotive supplier, ignored this prohibition and began installing defeat devices. Car manufacturers were complicit in this deceit because they allegedly knew defeat device software was installed in the vehicles. The plaintiffs say they withheld this information from consumers, lowering the value of the vehicles they purchased.

The EcoDiesel class action lawsuit seeks to represent a nationwide Class, in Canada, of people who owned or leased a 2014-2016 Jeep Grand Cherokee or Dodge Ram 1500.

Another emissions cheating class action lawsuit was filed in the United States and Fiat Chrysler agreed to pay more than $300 million to settle those allegations.

Did you purchase or lease a vehicle with an emissions cheating device? Tell us more in the comments below!

The plaintiffs are represented by Daniel Bach and M. Eva Markowski of Siskinds LLP and David Sterns, Louis Sokolov, Jean-Marc Leclerc, and Mohsen Seddigh of Sotos LLP.

The EcoDiesel Emissions Cheating Class Action Lawsuit is Maginnis, et al. v. FCA Canada Inc., et al., Case No. CV-17-567691-00CP, in the Ontario Superior Court of Justice, Canada.

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191 thoughts onCanadians File Amended EcoDiesel Emissions Cheating Class Action

  1. Doug krahn says:

    My 2014 grand Cherokee summit eco diesel had a software updated I believe when the they did the EGR recall. Since then the Jeep has massive turbo lag, which is dangerous when you are excelerating and fuel economy is not nearly as good as previous to the software update.

  2. rafal kuchta says:

    We purchased a Ram 1500 ecodiesel Long Horn in 2015. Since then we have had a significant number of issues with it, we purchased extended guarantee from Chrysler as well as through a third party after the one from Chrysler was up. The most significant issue however was the high pressure fuel pump which broke back in 2021 and had to replaced for roughly $12000 and then later again on January of this year, 2023, for $5600. The problem with this is that currently there is a recall for this issue, which Chrysler is saying they don’t have a fix for it yet, so that we need to hold on to our receipts in order to apply and “MAYBE” get the money back once they know how to fix the issue permanently. This year the truck was in the shop for three weeks, while getting fixed, I was called at 4:30pm on a Friday to pick up the truck to find myself stranded on Saturday, the day after, at about 2pm, because the truck had low oil pressure. I towed the truck to the dealership and on Tuesday they told me that the engine blew up. The dealership is not taking any responsibility for the later damage. After contacting Chrysler multiple times with concerns about the truck, the quality and performance of the machine their answer is always, we will document your concerns. No one is able, or willing to help, and there is no support of protection for the buyer. There is no way to speak with a manager or anyone willing to do anything to help, and at the end of the day it is their fault because simply put, the truck is just a lemon.

    1. Jeff Wydra says:

      Omg I’m so sorry to hear this. Sounds like in your case both the dealer And FCA definitely need to be sued. I’ve got a 2016 that blew up so hard the connecting rod came through the block and broke the starter off. These things are garbage! And not safe to drive.

  3. Andrew Saxberg says:

    I own a 2015 and its been nothing but problems and has as of last September blown the motor I still owe 15k for my lawn ornament this is the worst thing that I have ever bought.

    1. Jeff Wydra says:

      So sorry to hear this, and it’s all too common on the forums when talking to people. I’ve got a 2016 Ram 1500 LIMITED that died while I was cruising down the highway at 100km/h all by myself and not towing anything. The damn thing blew up so hard the connecting rod came through the block and broke the starter off! These things are garbage! And not safe to drive. And because they all die it’s impossible to find a used one in a salvage yard. The odd one that does come up for sale is usually $9,000 or more, for a used engine with no warranty that might die tomorrow. A new one is the insane and exorbitant amount of $13,500, and they’ve been back ordered for months. Absolutely ridiculous! FCA must pay!

  4. Scott Keefe says:

    I have a 2016 Ram Eco diesel, Blown Engine, $19,800 to replace it in November 2022

  5. Bryan Ballendine says:

    Sign me up. 2015 Ram Ecodiesel with blown motor at 110,000 km. 20 grand to replace it and Ram has put a hold on replacement engines being imported into Canada for at least 6 months due to “engineering problem”.

    1. Jeff Wydra says:

      Damn, same here! I’ve got a 2016 Ram 1500 LIMITED that died at 112,000km while I was cruising down the highway at 100km/h all by myself and not towing anything. The damn thing blew up so hard the connecting rod came through the block and broke the starter off! These things are garbage! And not safe to drive. And because they all die it’s impossible to find a used one in a salvage yard. The odd one that does come up for sale is usually $9,000 or more (not including installation or accessories), for a used engine with no warranty that might die tomorrow. Absolutely ridiculous! FCA must pay!

  6. GERALD SHELSWELL says:

    blow up the first motor with 59900.00 km under warranty. second motor with 83000.00 km not under warranty because over 3 years both engines with same issue with both engines.

  7. Sandra Steffan says:

    2014 Grand Cherokee Eco-Diesel Summit. Emissions system failure started at less than 96,000KM in 2020. Started repairing per the RECALLS in 2021, but still waiting for parts for repair since a year ago and its now Nov 2022.

  8. Ian Dagenais says:

    2015 Ecodiesel

  9. Tyson Morelli says:

    2016 Ecodiesel owner.

  10. Josh Medemblik says:

    I would like to be added! my 2016 blew up at 270k. I have been quoted 18k for a new motor! A diesel motor should be barely broken in at this mileage. If they couldn’t make a reliable engine they shouldn’t have! Let me know where to sign up!

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