A second, potential class-action lawsuit has been filed against Fiat Chrysler Automobiles and diesel engine supplier Cummins, alleging that both conspired to fraudulently misrepresented how much pollution Dodge and Ram pickup trucks were producing.
The suit claims hundreds of thousands of Dodge and Ram pickups from 2007-2013 equipped with Cummins’ 6.7-liter diesel engine included a “defeat device” to under-report the level of emissions being outputted. The claims mirror a 712-page suit filed last month.
The complaints each request a jury trial and seek compensatory damages, as well as injunctive relief from a buyback program. The suit is also requesting class-action status, which has yet to be certified by a federal judge.
As part of the entire Dieselgate diesel emissions cheating mess that sparked this whole thing, Volkswagen and Audi have also faced lawsuits from owners, in addition to fines and penalties from settling with government regulators.
As we noted last month, Ram 2500 and 3500 pickup trucks have used Cummins engines for awhile, and the effort between FCA and the company is viewed as reinvigorating interest in the Ram. Cummins’ efforts to keep emissions low were successful enough to where the Environmental Protection Agency—which hasn’t accused the company of any claims contained within the lawsuit—provided “carbon credits,” which the company said allowed it to receive extra room during “interim emissions phase-ins.”
Both companies didn’t immediately respond to a request for comment, and we’ll update if we receive one.
Last month, FCA said it would contest the suit “vigorously,” and that it doesn’t believe the claims have merit. A spokesperson for Cummins told us it was “deeply disappointed in this attempt to tarnish its image,” and that its engines were in compliance with regulations across the globe.
Update: We’ve clarified the story to reflect that the lawsuit is seeking class-action status.