Dodge RAM 2500/3500 Emissions FAQ

ABOUT THE CASE:

What will I get out of this case?

It is too early to know what the end result will be. We are going to fight for the best possible outcome for Dodge RAM owners, which will include making the trucks EPA compliant, and providing Dodge RAM owners with compensation for the reduction in the value of their trucks. If Dodge RAM and Cummins are not willing to provide a fair settlement, then the case will proceed in litigation.

What is the case about?

This case is brought on behalf of persons who purchased or leased a Dodge RAM 2500 or 3500 equipped with a Cummins Diesel Engine as of Nov. 14, 2016 (“class members”).

Which vehicles are affected? Is mine on the list?

Affected Vehicles include the following models that are equipped with Cummins diesel engines: 2007-2010 Dodge RAM 2500 (2WD, 4WD), 2011-2012 Dodge RAM 2500 (non-SCR systems, 2WD, 4WD), 2007-2010 Dodge RAM 3500 (2WD, 4WD) and 2011-2012 Dodge RAM 3500 (non-SCR systems, 2WD, 4WD).

What is the intended outcome?

Hagens Berman will seek to hold Dodge RAM (d/b/a FCA) and Cummins (“the Defendants”) accountable for their fraud on consumers and the United States. We will fight tirelessly for recovery of the losses owners suffered and the harm caused to the environment.

What types of damages are you seeking in the class action?

In our class actions, we seek for each class member the damages they incurred as a result of the Defendants’ fraudulent use of a faulty emissions system in the affected vehicles. Such damages may include:

the premium paid over the price of an equivalent vehicle with a gasoline engine;
the purchase price of the vehicle;
the cost of unused extended warranties;
the cost of excess fuel associated with a decrease in efficiency;
the cost of future repairs;
the loss in value of affected vehicles;
the cost to remediate harm to the environment caused by the excess levels of pollutants released by affected vehicles.t

How long will it take to resolve this?

Cases of this nature usually take between one to four years to resolve

Will the lawsuit pursue damages for environmental destruction?

Hagens Berman will seek recovery from Dodge RAM and Cummins to ameliorate the harm caused by the excess pollution emitted by the affected vehicles

How much money can I expect?

At this early stage of the litigation it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable. Strictly for purposes of example, in the Toyota Sudden Unintended Acceleration case, which Hagens Berman led, the case settled for $1.6 billion, and qualifying class members received a check between $125 and $6,000, depending upon the characteristics of the vehicle owned. This case could be larger or smaller than the Toyota case, but Hagens Berman will fight for the largest possible recovery for class members.

What is the statute of limitations on a case like this?

The statute of limitations can vary depending upon the state law applicable and the causes of action asserted. However, in this case, because Dodge RAM and Cummins concealed their fraudulent behavior, any applicable statutes of limitations were tolled, meaning that they did not start until the fraud was discovered.

REPRESENTATION:

If I submitted my information to you on your website or by email, do you represent me in this lawsuit?

In a class-action lawsuit, when the case is first filed, the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed.

Hagens Berman is offering all individuals the opportunity to be considered to serve as class representatives. To be considered, you must href="https://portal.hbsslaw.com/view/index.html#/dodgeram/dodgeram2500">submit your contact information and vehicle information, and someone from our team will contact you.

If you do not wish to engage the firm for representation, all of the other persons in the class (owners of affected vehicles) who have provided us information will be represented by us if the judge certifies the case as a class action, either through settlement or prior to trial. Until then, we will not have a formal attorney-client relationship with you, but we will keep you updated about any material events in the lawsuit, and you may contact us to answer any questions you may have about the case.

FEE:

How much does it cost to join this lawsuit?: There is no cost or fee whatsoever involved in joining the lawsuit. In the event Hagens Berman or any other firm obtains a settlement or judgment that provides benefits to class members, the court will decide a reasonable fee to be awarded to the lawyers for class members. Any such fee may be paid separately from damages by the Defendants, or it may be deducted from the class-wide settlement before funds are distributed to individual class members. In no case, however, will any class member ever be asked to pay any out-of-pocket sum to the class lawyers.

ABOUT THE SETTLEMENT:

How is a settlement for a case this large going to be disbursed?: If a settlement is reached, the settling parties will propose a distribution plan to the court. The court will evaluate the plan and approve it if it is fair and reasonable under the circumstances.

WHAT IF…

Can I be a part of the lawsuit if I leased my truck?

Yes.

Can I be a part of the lawsuit if I sold my truck?

If you sold your truck after Nov. 14, 2016, yes. If you sold it before news of the fraud was public, you are not part of the lawsuit.

I live outside of the U.S. Can I still be a part of the lawsuit?

Hagens Berman’s present lawsuits are on behalf of persons who purchased their trucks in the United States. If you bought your truck in the United States and still own it, it does not matter where you live, you can still be part of the lawsuits. However, if you did not purchase your truck in the United States, you may not be a part of the lawsuits.

I am in the military working overseas and have my truck with me. Can I be a part of the lawsuit?

Yes, if you bought it in the United States.

I have a residence in the states, but I work overseas. Can I be a part of the lawsuit?

Yes, if you bought it in the United States.

My local attorney recommended that I sue either Dodge RAM or Cummins on my own. What are the benefits of being part of a class-action lawsuit?

There are many benefits to participating in the class action:

you do not have to pay any advance or hourly fees to your attorneys, and your attorneys will be among the finest and most respected plaintiffs’ lawyers in the country;
your attorneys will pay all fees and costs associated with prosecuting the lawsuit and will not be paid at all if they do not obtain a settlement or judgment that the court determines is fair, reasonable and adequate;
you will not have to provide discovery, be deposed, appear in court or otherwise participate in the lawsuit unless you ask to be a class representative and are chosen for that role;
your attorneys will have the collective bargaining power of hundreds of thousands of class members;
depending upon where you live, you may not have the right to sue your local dealer or the automaker or parts manufacturer because of an arbitration clause in your purchase or lease agreement;
if a settlement is obtained, you will have the right to review the proposed settlement and then decide whether or not to be included in it. If you decide not to participate, you will retain the right to sue (or continue to sue) on your own. For many claims, the statute of limitations will begin to run only after you exclude yourself from the settlement; the law in some states may differ.

We are experiencing health-related issues and think it might have something to do with the truck. Will this be a part of the lawsuit?

Health-related issues are individual to each person and therefore cannot be included in a class action. If you believe you have been injured as a result of Dodge RAM and Cummins’s emissions fraud, you should explore filing your own lawsuits as personal injury and health claims will not be included in the class action.

If I am involved in the class action, can I still sue the Defendants on my own?

If a class action is certified, and you do not opt out of the class or a proposed class settlement, then you will not be able to sue either Defendant for the same claims that were resolved in the class action. However, if you choose not to accept a proposed settlement, or choose to opt-out of the class, then you will retain whatever rights to sue you had prior to the class action.

MY VEHICLE:

Should I continue making payments on my vehicle?: Yes. The fact of the filing of the lawsuits does not terminate your separate financing agreements with your bank or the Defendants’ affiliated credit provider. If you stop making your payments you may suffer adverse credit consequences and may lose your truck.
I fear a significant loss in resale value. What can I expect?: It is highly likely that the affected vehicles will suffer a loss—perhaps a significant loss—in resale value.
I own a truck not listed in the lawsuit. Why isn’t my truck listed?: The fraud alleged by the lawsuit covers the Defendants’ Cummins diesel engine in Dodge RAM 2500/3500 for the 2007-2012 time period. The class is based in part on applicable emissions standards, which can vary by truck model and year.
I want to return my truck. What do I do?: There is no reason why you cannot talk to your dealer and Dodge RAM and try to obtain a return or buyback of your truck. If you do accept such an offer, please document carefully the transaction, including any discounts from your full purchase price. Any losses may be recoverable through the lawsuits
If there is a recall, will I be forced to take my vehicle in?: There is no forced recall mechanism that Dodge RAM can employ. However, if your state has mandatory emissions testing, you may not be able to pass the test until a recall or repair has been performed. Furthermore, even in states that do not have emissions testing, you may not be able to renew your vehicle tags until you provide proof that your vehicle has been recalled or repaired to comply with emissions standards. As noted above, if Dodge RAM employs a recall or repair that degrades the performance or efficiency of affected vehicles, our lawsuits will seek all possible compensation, including up to buyback.

ABOUT THE PROCESS:

What is a class-action lawsuit? How does a class action work?

In a class action, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the case to be decided after presenting the facts related to a representative plaintiff’s experience. This way, the rights of numerous, or in this case several hundred thousand, people can be efficiently decided without each person having to present their individual case to the court. If liability is found or if the case is settled, a judgment or settlement amount is obtained to pay for everyone’s damages. That settlement or judgment fund is then distributed to all class members based on a formula determined by the court to be fair and reasonable.

I've already joined a class action. Is it OK to join more than one suit?

“Joining” a class action is a bit of a misnomer. In fact, everyone who owns an affected vehicle will automatically be a class member if any case, or a consolidated case, is certified as a class action by the judge, and that owner does not affirmatively “opt-out” of the class case. Because a decision on whether to certify a class in this case will not occur for many months, as it stands, all owners of affected vehicles are potential class members, and you can provide your information to any of the law firms that have filed cases against Dodge RAM and Cummins.

The exception is if you have been named as a class representative plaintiff in a lawsuit against either Defendant—that is, your name is on the lawsuit as a plaintiff—then you would not be able to be a named class representative in another lawsuit alleging the same bad acts by that Defendant. If you are not the named class representative plaintiff in a lawsuit, you are not yet a part of that lawsuit, and your options are not at all limited.

Since I signed up on the form, am I assured to be a part of the lawsuit?

If you owned one of the affected vehicles as of Nov. 14, 2016, and a class of such owners is certified by the court than you will be part of the lawsuit unless you choose to opt-out of the case or any proposed settlement. We will keep all class members who register with us up to speed on all significant events in the case. Unless we have expressly told you that you were chosen to be a class representative and sent you a copy of the lawsuit naming you, then you were not selected as a class representative, but remain a class member entitled to participate in any future settlement or judgment.

ABOUT HAGENS BERMAN:

Why should I sign up with Hagens Berman?: Hagens Berman has the most experience and the most successful track record in the country bringing big settlements for consumers against major automakers – bar none. Hagens Berman secured the second-largest settlement ever against an automaker at that time – $1.6 billion for vehicle owners against Toyota. We have achieved a $255 million settlement against Hyundai/Kia for overstated MPG in its vehicles. Currently we serve as lead counsel in litigation against GM for the ignition switch defect. This is our firm’s specialty, and we do it better than any other firm in the nation.
If I sign up with Hagens Berman what can I expect?: You can expect that our firm will fight vigorously for your rights as a consumer, and right the wrong that was committed. Our firm has secured major victories for consumers in numerous cases and will hold Dodge RAM and Cummins responsible for this tremendous loss to vehicle owners after years of deception.

CONTACT:

How do I ask questions about the case?: Use the hashtag #askberman on Twitter, and please be patient, as our legal team has received numerous responses. If you feel there is something very important, you may email our legal team directly using [email protected].

WHAT TO EXPECT:

What are next steps?: The parties are likely to be engaged in filing various motions. There will likely be no major developments from the class member perspective for at least 4 to 6 months..
What else can I do?: As long as you have provided us your information, we will let you know if anything else needs to be done. If you decide to service, recall or repair your truck, please keep accurate records of any such transactions.
Should I contact my local government?: You may choose to do so. Please let us know if you are able to obtain important information or a resolution of your concerns from such contact.