FCA Valve Train Systems Not in California Emissions Warranty Class Action

The makers of vehicles distributed in California must have a general emissions warranty that covers emissions-related parts, and in particular, high-priced emissions-related parts. The complaint for this class action alleges that FCA US, LLC will not cover certain parts in its valve train systems under its California Emissions Warranty, even though the complaint says the valve train system is related to emissions and is a high-priced part.

The California Emissions Warranty requires that automakers offer coverage for defects “which cause the failure of a warranted part [or] which would cause the vehicle’s on-board diagnostic malfunction indicator light [MIL] to illuminate, for a period of three years or 50,000 miles, whichever occurs first[.]” For high-priced parts, the coverage period is longer, seven years or 70,000 miles. The warranted parts are those relating to regulated emissions.

However, the complaint alleges that, “to minimize its warranty exposure, FCA unilaterally and unlawfully limited the parts that are covered under FCA’s application of the California Emissions Warranty…”

The complaint claims that valve train system defects increase regulated emissions, that they cause the MIL to light up, and that they would cause the vehicle to fail a California smog check, and that the valve train system should therefore be included among the warranted parts—and among the high-priced warranted parts.

FCA has refused to treat valve train systems as among the warranted parts, the complaint alleges, and has required that vehicle owners and lessees pay for their own repairs.

Two classes and two subclasses have been defined for this action:

• The California Class is all persons in California who have been owners or lessees of class vehicles and whose valve train systems are not covered for seven years or 70,000 miles.
• The California Out-of-Pocket Subclass is all persons in California who have been owners or lessees of class vehicles and who have paid for repairs or parts pertaining to defective valve train systems which occurred before seven years or 70,000 miles.
• The Reg 177 Class is all persons who have been owners or lessees of class vehicles in a state which, in the year their vehicle was distributed, had adopted the California Emissions Warranty and whose valve train systems are not covered for seven years or 70,000 miles.
• The Reg 177 Out-of-Pocket Subclass is all persons who have been owners or lessees of class vehicles in a state which, in the year their vehicle was distributed, had adopted the California Emissions Warranty and who have paid for repairs and parts pertaining to defective valve train systems which occurred before seven years or 70,000 miles.

The class vehicles are vehicles distributed by FCA in California under the FCA brand name.

Article Type: Lawsuit
Topic: Automobile
Tags: California Emissions Warranty, Emissions, Refusal to Cover Repairs, Warranty