— A Chrysler Pacifica class action lawsuit settlement has been reached for 2017-2021 Pacifica minivans equipped with 3.6-liter V6 engines and 9-speed automatic transmissions.
The Chrysler minivans are allegedly at risk of losing power or stalling without warning.
The Chrysler Pacifica class action lawsuit was originally filed December 30, 2017, and entitled, Wildin et al. v. FCA US LLC, but in October 2018 the lawsuit was retitled, Moran et al. v. FCA US LLC.
The class action lawsuit alleges the Chrysler Pacifica engines stall due to a loss of engine timing and crankshaft position synchronization. The plaintiffs also allege transmission defects cause the minivans to suddenly lose power.
According to the Pacifica class action lawsuit, Fiat Chrysler (FCA) issued a recall in January 2018 to repair the Pacificas. But the two plaintiffs who filed the lawsuit allege the recall was nothing more than a repackaged software patch that has been available since August 2017 (T23 update).
Additionally, the class action asserts Pacifica engines continue to stall even after the vehicles have allegedly been fixed.
Class action documents claim Chrysler knew or should have known about the Pacifica problems since at least March 2016, and dealerships allegedly either deny the problem or perform repairs that only mask the symptoms.
In August 2017, FCA issued “Customer Satisfaction Notification T23 EGR Valve Function” and “TSB 08-069-07 PCM Reprogram.” The repair updated the powertrain control module software because Pacifica owners complained about engine malfunction lights.
In a motion to dismiss the Pacifica lawsuit, FCA argued the TSB had nothing to do with alleged stalling problems.
When Chrysler recalled the Pacificas, owners were told their minivans didn't need repairs if the minivans already had the T23 software updates.
The two plaintiffs argue Chrysler should stop its deception and stop selling or leasing the Pacifica minivans and give customers "all or part of the ill-gotten profits it received from the sale or lease of its Class Vehicles."
In addition, the plaintiffs say FCA should, "remove, repair, and/or replace the Class Vehicles’ with suitable alternative product(s) that do not contain the defects alleged herein."
Chrysler Pacifica Class Action Lawsuit Settlement
Prior to the Pacifica settlement, the crankshaft position sensor was covered by a 3-year/36,000-mile warranty, but the warranty for the sensor will be extended to 5 years or 60,000 miles. However, the 5 years or 60,000 miles are from the date the Pacifica minivan was purchased or leased.
This means the "extended warranty" may expire for some owners before the settlement is even approved.
FCA agreed to reimburse Chrysler Pacifica customers when the TSB and recall were announced, but the settlement says minivan customers can be reimbursed for repairs to the crankshaft position sensors.
However, reimbursement is only available if the customer purchased or leased a Pacifica more than five years before the effective date of the settlement and before the minivan reached 60,000 miles.
According to the Chrysler Pacifica class action lawsuit settlement, customers must submit proof of ownership and claim forms within 180 days of the effective date of the settlement.
All future repairs must use replacement crankshaft position sensor with part number 68079375AD or a later version.
The settlement also says a Pacifica customer may file a claim to have the stalling minivan repurchased by Fiat Chrysler.
"This Settlement provides an expedited, binding Arbitration to determine whether FCA US should repurchase or replace your Class Vehicle. Your eligibility for a repurchase or replacement, however, may depend upon your state’s lemon law." — Chrysler Pacifica settlement agreement
According to the proposed Chrysler Pacifica class action settlement, the two plaintiffs who sued will receive $10,000 each, and their attorneys will receive $835,000.
The Chrysler Pacifica class action lawsuit settlement final approval hearing will be February 15, 2023.
Chrysler Pacifica owners with settlement questions should visit PacificaStallingSettlement.com.
The Chrysler Pacifica class action lawsuit was filed in the U.S. District Court for the Southern District of California: Moran et al. v. FCA US LLC.
The plaintiffs are represented by Capstone Law APC.
