— A Ram fuel pump recall has closed down a class action lawsuit that alleges the Super Duty trucks and Cummins 6.7-liter turbodiesel engines are defective.
The Ram fuel pump lawsuit includes 2018-2020 Ram 2500, Ram 3500, Ram 4500 and Ram 5500 trucks equipped with Bosch CP4 high-pressure fuel pumps.
The Ram fuel pump class action was filed in October 2021 and a second nearly 300-page amended lawsuit was filed February 1, 2022, which alleges the Cummins engines have defective CP4 high-pressure fuel pumps that cannot handle American diesel fuel.
The plaintiffs assert American diesel fuel doesn't have enough lubrication compared to European fuel. Friction between metal fuel pump parts create metal shavings which damage the Cummins engines.
The 15 named plaintiffs who sued contend the Ram trucks suddenly lose power without warning when the fuel pumps malfunction.
Nine days before the Ram fuel pump class action was filed, Fiat Chrysler (FCA) opened an investigation into CP4 fuel pump failures in 2019-2020 Ram 2500, 3500, 4500, and 5500 Super Duty trucks.
The National Highway Traffic Safety Administration opened its own investigation one day later after receiving 22 Ram fuel pump complaints.
In November 2021 a Ram fuel pump recall was announced to cover 2019-2020 Ram 2500, Ram 3500, Ram 4500 and Ram 5500 trucks equipped with Cummins 6.7L diesel engines.
According to the FCA fuel pump recall, the automaker would “replace the HPFP [high pressure fuel pump], update the Powertrain Control Module (‘PCM’) software, and inspect and, if necessary, replace additional fuel system components.”
Chrysler also agreed to reimburse owners who incurred the cost of repairing the problem.
However, Fiat Chrysler said on November 18, 2021, that a remedy was “not currently available.”
But by December 16, 2021, FCA had announced the following fuel pump recall schedule:
"All owners will receive an interim letter on or about 01/04/2022. This will be a phased campaign launch: Phase 1 - all 2020 Ram 2500, 3500, 4500, 5500 equipped with a Cummins 6.7L diesel engine owners will receive a final letter on or about 04/05/2022. Phase 2- all 2019 Ram 2500, 3500, 4500, 5500 equipped with a Cummins 6.7L diesel engine owners will receive a final letter on or about 06/17/2022."
All the plaintiffs except one purchased or leased 2019-2020 Ram 2500 or 3500 trucks. The one plaintiff purchased a 2018 Ram 3500 truck.
According to the plaintiffs, a Ram truck owner can easily pay $10,000 to replace the Cummins engine when the fuel pump fails, but even then FCA dealers allegedly use the same defective components as replacement parts.
The fuel pump lawsuit says even though a Ram fuel pump recall was announced, the recall isn't good enough to protect customers from fuel pump or engine problems.
Ram Fuel Pump Lawsuit Dismissed
Fiat Chrysler filed a motion to dismiss the fuel pump class action lawsuit by pointing out only four of the Ram truck owners who sued allege they suffered engine failures. But in all instances the trucks were repaired by dealerships for free.
One Ram owner claims the engine was replaced for free under warranty, but the 2020 Ram 3500 “has not been running properly.”
However, Judge Linda V. Parker says the truck owner does not elaborate on the truck’s alleged inadequate performance.
The plaintiff claims two dealerships have inspected the Ram truck, but the judge says the owner offers "no facts suggesting that the engine was found to be malfunctioning or that it is the cause of the truck’s alleged improper functioning."
In dismissing the Ram fuel pump class action lawsuit, the judge says the plaintiffs allege insufficient facts to show there is an “actual or imminent” risk the Ram fuel pump recall will not fix their alleged problems.
The plaintiffs reference FCA’s November 2021 statement that a remedy was “unavailable” at that point and time. But the judge ruled the plaintiffs "allege no facts to support their assertion that 'there is no known fix' or that the repairs will not provide them with the vehicles they bargained for."
The plaintiffs also note the Ram fuel pump recall doesn't include model year 2018 Ram trucks, but the judge found the class action lawsuit offers no facts to support there are problems with those trucks.
Even the Ram fuel pump lawsuit references the recall documents which say, “[t]he suspect period began on October 11, 2018, when Cummins 6.7L Turbo Diesel engines with suspect HPFPs (high pressure fuel pumps) were introduced into vehicle production . . ..”
According to Judge Parker, the Ram fuel pump class action is dismissed "pursuant to the doctrine of prudential mootness."
"FCA voluntarily agreed to a recall to replace the defective CP4 pump and any necessary fuel system components in Plaintiffs’ vehicles and to reimburse Plaintiffs who incurred costs repairing their vehicles."
The judge ruled the Ram fuel pump recall makes the class action useless because repairs and reimbursements remove the entire point of the plaintiff's arguments. And even though the plaintiffs contend the recall won't fix the fuel pump problems, the judge had this to say:
"Plaintiffs offer only a hypothetical possibility that their vehicles will not be adequately repaired. This is insufficient for the Court to proceed with the case." — Judge Parker
The Ram fuel pump class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Sharp, et al., v. FCA US LLC, et al.
The plaintiffs are represented by the Miller Law Firm, P.C., Hagens Berman Sobol Shapiro LLP, and Hilliard Martinez Gonzales LLP.
