Arizona’s Attorney General claims FCA and Cummins falsely advertised diesel Ram HD trucks to more than 23,600 buyers in the state.
A new lawsuit brought against FCA (formerly Fiat Chrysler, and now the American arm of parent company Stellantis) and Cummins kicked off Thursday, filed by Arizona Attorney General Kris Mayes. According to the complaint, Mayes alleges the two companies engaged in false advertising and “material omissions” affecting more than 23,600 owners in the state. That alleged fraud led Arizonans to purchase more expensive diesel trucks under the impression these “super clean” alternatives did not have a profound negative environmental impact, the AG’s office noted in its release.
“Deceptive practices that harm our environment and deceive consumers will not be tolerated,” Mayes said. “By promoting their vehicles as eco-friendly while secretly violating emissions standards, Cummins and FCA have betrayed the trust of Arizonans and violated our state’s consumer protection laws. I am committed to holding these companies accountable and ensuring that justice is served for the people of Arizona.”
Like the companies’ other recent legal troubles, this lawsuit focuses on illegal defeat devices that falsely shows lower nitrogen oxide (NOx) levels under EPA emissions testing conditions than diesel-powered Ram 2500 and 3500 trucks actually emitted in normal operation. What’s more, it also details the defendants’ alleged knowing conduct, placing higher-emitting trucks with these defect devicees in the state of Arizona. Specifically, model year 2013-2019 Ram 2500 and 3500 trucks with the 6.7-liter Cummins turbo-diesel engine are included in the complaint.
Thursday’s legal action follows several penalties already levied against FCA and Cummins, as well as lawsuits that are still ongoing. In August 2022, a federal judge sentenced the U.S. division of Stellantis N.V. to pay $300 million in fines and forfeiture of carbon credits for cheating government emissions testing on earlier EcoDiesel-equipped Ram 1500 trucks and Jeep Grand Cherokees.
A class-action lawsuit was also filed by 17 Ram owners in 2017, and that case is expected to finally reach a settlement sometime this year. In that legal action, Cummins is expected to pay nearly $5 million, while FCA may pay another $1.2 million. Each individual owner would only see $5,000 in compensation, though, and the suit does not include owners in Arizona (but does encompass several other states).
In December 2023, Cummins agreed to pay a massive $1.675 million fine to settle claims of the company allegedly using defect devices in nearly 1 million heavy-duty trucks between 2013 and 2023. That penalty was the largest levied against a corporation under the Clean Air Act.
Arizona Attorney General Mayes’ complaint seeks “injunctive relief, restitution, disgorgement, civil penalties, plus fees and costs” against FCA and Cummins, on behalf of those nearly 24,000 owners in the state.
At time of writing, neither company has officially responded to the state’s lawsuit. You can read the full complaint on the Arizona AG’s website here.
