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Class action alleges fraud in Chrysler Pacifica rust recall

By Shaun Zinck | Jan 21, 2015

Shutterstock 155812997

A class action lawsuit alleges the parameters of a recall of Chrysler Pacificas that prematurely rust in the engine cradles, which could cause the engines to fall out while on the road, were limited fraudulently.

John Dell, Brenda Baldwin, Anthony Soto, Darrell Holland and James Morales all joined in the lawsuit against Chrysler owner Fiat Chrysler Automobiles (FCA). The suit alleges 2004-through-2008 Pacificas' engine cradles "rust, corrode or perforate" prematurely.

The company extended the warranty for 2004 and 2005 Pacificas due to a report of vibrations and shaking in the engines from the rust. A service bulletin was issued in October 2010 that said the problem applied to vehicles purchased on the Canadian market and in 19 U.S. states, mainly in the Midwest and Northeast, referred to as “salt belt states.”

The lawsuit alleges Chrysler only applied the extended warranty to about 7,000 Pacificas that were manufactured between Feb. 23, 2004, and March 31, 2004. However, about 322,000 Pacifica vehicles were sold between 2004 and 2008 that had similar problems, the lawsuit said.

Approximately 300 complaints have been filed with the National Highway Traffic Safety Administration over the engine cradles in the Pacifica vehicles.

“Despite acknowledgment of the defect, and actual or constructive knowledge of these complaints, FCA has fraudulently withheld information about the defect, has fraudulently denied the existence of the defect, and it has failed to adequately address the engine-cradle defect,” the lawsuit said.

The plaintiffs are represented by D. Andrew List of Clark Perdue & List Co., L.P.A.

United States District Court Southern District of Ohio, Eastern Division case number 2:15-cv-00103.

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