— Jeep and Ram eTorque problems are being debated in court after the federal judge hearing the case refused to dismiss the Chrysler class action lawsuit.
The eTorque lawsuit includes 2019-2023 Ram 1500, 2019-2023 Jeep Wrangler and 2022 Jeep Wagoneer vehicles equipped eTorque mild hybrid systems that have problems.
According to the Fiat Chrysler class action lawsuit, “eTorque replaces a conventional alternator with a more robust motor/generator that is water cooled, rather than fan cooled.”
The Jeep and Ram eTorque systems allegedly improve fuel efficiency, but the lawsuit alleges the vehicles have defects that cause the engines to turn off, shift the transmission to PARK and/or suddenly apply the emergency brake without warning.
Chrysler has allegedly known about the eTorque problems since at least 2018 but never told customers and has done nothing to fix the root cause of the problems.
The plaintiffs contend many owners were denied repairs for the alleged eTorque problems because dealerships could not replicate the problems.
And just like all automotive class action lawsuits, the plaintiffs claim if they had “known about the eTorque Defect at the time of purchase or lease, they would not have purchased or leased the Class Vehicles or would have paid substantially less for them.”
The Jeep and Ram eTorque class action lawsuit was filed by these plaintiffs.
- Brian Fisher (California) 2021 Ram 1500
- Eric Lee (Ohio) 2021 Ram 1500
- Jerry Vanderberg (Tennessee) 2021 Ram 1500
- Rachel Walkowicz (Michigan) 2021 Ram 1500
- Arianna Rico (California) 2021 Ram 1500
- Daniella Lopez-Hall (Texas) 2022 Ram 1500
- Tennyson James (Georgia) 2022 Ram 1500
- Stephen Edgcombe (Michigan) 2022 Ram 1500
- Adam Cartabiano (Florida) 2021 Ram 1500
- James Blyth (Florida) 2021 Ram 1500
- William Smith (Florida) 2023 Ram 1500
Motion to Dismiss the eTorque Lawsuit
According to court documents, the plaintiffs voluntarily dismissed their express warranty and unjust enrichment claims with prejudice after Chrysler filed a motion to dismiss the class action.
But FCA argues the entire class action should be dismissed because the automaker issued a recall to provide a “free repair for the [eTorque Defect] and reimbursement for any prior repairs.”
But Judge Matthew F. Leitman disagreed with Chrysler because the plaintiffs assert the recall isn't good enough, even though the National Highway Traffic Safety Administration approved the recall and repairs. In addition, it's the job of federal safety regulators to monitor the recall to ensure the recall repairs are adequate.
The eTorque class action lawsuit includes Jeep models in addition to Ram 1500 trucks, but the April 2023 recall includes only Ram trucks. However, all the named plaintiffs who filed the lawsuit are Ram 1500 customers, yet they claim the recall isn't good enough.
The Ram 1500 recall involves 134,000 trucks with 5.7L eTorque engines that can cause the trucks to stall due to an recall involves 134,000 trucks equipped with 5.7L eTorque engines.
FCA says the eTorque problem is caused by an incorrect fuel mixture condition, or what the plaintiffs call an over-rich fuel condition that can cause the engine to shut down.
The judge ruled the eTorque class action can move forward because the plaintiffs claim FCA is wrong about its diagnosis of the problem.
The plaintiffs assert an "automotive consultant" examined a vehicle and the consultant found, “there were no indications of a rich fuel condition.”
The judge also referenced a plaintiff who says his Ram 1500 had the recall repair but his eTorque engine still stalled.
The judge did dismiss fraud claims other than claims brought by four plaintiffs.
The Jeep and Ram eTorque class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Fisher et al., FCA US LLC.
The plaintiffs are represented by The Miller Law Firm, P.C., Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Lieff Cabraser Heimann & Bernstein, LLP, and Newsom Law PLC.
