FCA Fails to Pay for PZEV MultiAir Actuator Repairs California Class Action

Under the California Emissions Warranty, automakers must cover repairs of emissions-related parts in what are called “PZEV vehicles.” The warranty is for 15 years or 150,000 miles. The complaint for this class action alleges that FCA US, LLC is not in fact providing this coverage for MultiAir Actuators and is making customers pay out of pocket for their repairs.

The California Emissions Warranty applies to Partial Zero Emissions Vehicles and Super Ultra Low Emissions Vehicles for which the California Air Resources Board (CARB) has given the automaker an Emissions Credit. These vehicles are called PZEV vehicles.

The law requires that, for PZEV vehicles for which PZEV credits are given, all defects in materials or workmanship must be covered if they (1) would cause the diagnostic malfunction indicator light to go on, (2) would increase emissions, or (3) would prevent the vehicle from passing a California smog check. These must be covered for 15 years or 150,000 miles, whichever comes first. The warranty period may be lowered to 10 years if the part is a battery or other zero-emission storage device.

MultiAir is a brand. The complaint says that its actuators allow “electromechanical actuation of the inlet valve that allows the fuel/air mis into the engine’s combustion chamber.”

The purpose of the MultiAir Actuators is to reduce emissions, the complaint says. When they don’t work properly, it alleges, emissions increase, the malfunction indicator light may go on, and the vehicle is likely to fail a California smog test.

The plaintiff in this case, Ebony Thompson, has a 2015 Chrysler 200, which is a PZEV vehicle. In October 2020, she took it to a factory-authorized facility because it was not running properly. She claimed that it would crank and not start, that it was running rough, and that it would shut down while she was driving it. The facility told her it had a defective MultiAir Actuator.

Thompson’s vehicle had been in service for fewer than 15 years and had a little over 97,000 miles on it. However, the complaint alleges that FCA refused to cover the needed repair and that Thompson had to pay for it herself.

The class for this action is all those who, while citizens of California, bought or leased a PZEV vehicle distributed by FCA which is equipped with a MultiAir Actuator for which FCA received a .2 ZEV credit from CARB, and for which FCA has failed to offer the 15-year or 150,000-mile coverage for MultiAir Actuators required by the California Emissions Warranty.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Emissions, Failure to Honor Terms of Warranty