— A Dodge Durango SRT Hellcat lawsuit has been dismissed after SUV owners claimed Fiat Chrysler lied about the Durango SRT Hellcat never being sold again past the 2021 model year.
The Dodge class action lawsuit alleges Chrysler pulled the "classic bait and switch scheme" by fooling consumers into believing they were purchasing a collectors 2021 Dodge Durango SRT Hellcat.
“The Hellcat Durango will be a single model year run. When we turn the order books over to the ’22 model year, the Durango Hellcat will be gone. So you’ve only got one shot. The 2021 Durango Hellcat is only a single model-year run, ensuring that it will be a very special, sought-after performance SUV for years to come.” — Dodge Chief Executive Officer Tim Kuniskis
Subsequent press articles quoted Kuniskis saying “we’re only building them for six months” and 3,000 model year 2021 Durango Hellcats quickly sold out.
"The most powerful SUV ever is exclusively available for the 2021 model year and comes with a starting U.S. manufacturer’s suggested retail price (MSRP) of $80,995 (excluding $1,495 destination)." — Fiat Chrysler Automobiles
But in August 2022, customers were supposedly shocked to learn FCA would be selling a 2023 Dodge Durango SRT Hellcat. Owners complained this would bring down the price of their SUVs purchased as investments.
However, FCA argued a July 2020 promotional video statement from Dodge CEO Tim Kuniskis clearly said the 2021 Dodge Durango SRT Hellcat would be a “single model year run” that would not be produced in 2022. But Chrysler contends at no point in the announcement did Kuniskis say the vehicle would never be built again.
FCA also told the court about a press article that explained its production capabilities for the 2021 SRT Hellcat were decreased due to evaporative emission requirements set to take effect in 2022. This prevented Chrysler from producing a 2022 edition of the SRT Hellcat, especially at a time when COVID-19 was affecting consumers and companies.
That same article also said FCA's engineers were able to improve the fuel system to meet the new meet evaporative emissions requirements, allowing the automaker to legally manufacture the 2023 Hellcat SUVs.
According to Fiat Chrysler, the very announcements and articles cited by the plaintiffs in the lawsuit prove Chrysler never represented the Dodge Durango SRT Hellcat would not be manufactured in another model year.
As for the SUVs being "investments," FCA argues none of the plaintiffs claim they tried to sell their SUVs or that the vehicles had lost value. And Chrysler also told the judge none of the plaintiffs plead they stored or limited their use of their vehicles to "preserve their investments.”
Dodge Durango SRT Hellcat Lawsuit Dismissed
Judge Jennifer L. Hall began with a breach of express warranty claim which FCA argued should be dismissed because the class action lawsuit fails to identify what “warranty” was made.
Additionally, FCA said the claim should be tossed because the written warranty provided to purchasers of the 2021 Dodge Durango SRT Hellcat clearly says, “[t]he warranties contained in this booklet are the only express warranties that FCA US LLC (FCA) makes for your vehicle.”
The plaintiffs do not dispute that a limitation of warranty provision is enforceable in the states in which they purchased their Hellcats. But they argue FCA’s public statements that it would only make Hellcats in 2021 should still be deemed an “express warranty," a contractual promise that it would allegedly only make Durango Hellcats in 2021.
The judge disagreed with the plaintiffs and ruled the only express warranty is in the warranty booklet, not in alleged public statements.
"The limitation of express warranty provision in the warranty booklet is conspicuous: it is the first line in the first section on the first page of the warranty, under a giant header that says '1. YOUR LEGAL RIGHTS UNDER THESE LIMITED WARRANTIES.' And it is clear: it says that booklet contains the 'only' express warranties that FCA makes." — Judge Hall
The judge also found the class action does not plead any facts to prove a negligent misrepresentation claim. Meaning, there is no evidence Tim Kuniskis made statements about a single-year run in 2021 while he knew or should have known FCA would make more Hellcats after 2021.
"But Plaintiffs do not plead facts plausibly suggesting that, at the time Defendant said the 2021 Hellcat would be a single-year run, it did not actually intend for it to be a single-year run." — Judge Hall
The judge dismissed the entire lawsuit for failure to state a claim and did not even need to respond to Chrysler's motion to strike the nationwide class action allegations.
However, Judge Hall ruled the plaintiffs can modify and refile their Dodge Durango SRT Hellcat lawsuit within 14 days, if they choose.
The class action lawsuit was filed by these 2021 Dodge Durango SRT Hellcat owners:
- Stacy Phillips (Virginia)
- Lawrence Willis (Texas)
- Eli Negron III (New York)
- Jason Van Genderen (California)
- Christian Papana (Illinois)
- Mark Hollingsworth (Georgia)
- Jeffrey G. Heintz, Sr. (Florida)
The Dodge Durango SRT Hellcat lawsuit was filed in the U.S. District Court for the District of Delaware: Phillips, et al., v. FCA US LLC.
The plaintiffs are represented by deLeeuw Law LLC, Kantrowitz, Goldhamer & Graifman, P.C., and Migliaccio & Rathod LLP.
