Attorney General Mayes sues Cummins and FCA for deceptive "super clean" truck claims
PHOENIX – Attorney General Kris Mayes has filed a lawsuit against Cummins, Inc. (“Cummins”) and FCA US, LLC (“FCA”) for allegedly defrauding Arizonans by falsely advertising and selling thousands of so-called environmentally friendly, low-emission “super clean” vehicles. The suit claims the companies did not disclose that these vehicles had illegal emissions defeat devices installed and were not clean trucks. More than 23,600 Arizonans own these “super clean” Cummins and FCA trucks.
The lawsuit alleges that Cummins and FCA marketed diesel trucks to Arizonans as “super clean” alternatives, suggesting they were more powerful and efficient than gasoline vehicles without the same negative environmental impact. These advertisements led Arizona consumers to pay a premium under the belief they were making an eco-friendly choice.
“Deceptive practices that harm our environment and deceive consumers will not be tolerated,” said Attorney General Mayes. “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."
Diesel vehicles are generally more expensive but known for being more powerful and fuel-efficient compared to gasoline vehicles. However, diesel engines emit higher levels of pollutants, necessitating compromises in power and performance to meet emissions regulations.
The lawsuit contends that the defendants used illegal defeat devices on model year 2013-2019 Dodge RAM 2500 and 3500 trucks with 6.7-liter engines to bypass EPA emissions testing. This ensured these vehicles passed tests but did not comply with emissions standards during normal operation.
Cummins and FCA also marketed their trucks as having efficient engines without adverse environmental consequences while falsely claiming compliance with EPA emissions requirements. In reality, due to illegal defeat devices, these vehicles were neither “clean” nor eco-friendly without repairs.
These illegal defeat devices caused increased levels of nitrogen oxides (NOx) emissions. The Department of Justice estimates this resulted in thousands of tons of excess NOx emissions contributing to smog formation linked to respiratory and cardiovascular health issues.
Cummins, as the engine designer and manufacturer, allegedly knew its diesel engines included these illegal defeat devices but failed to disclose this when applying for Certificates of Compliance to sell these vehicles in the United States, including Arizona.
The complaint seeks injunctive relief, restitution, disgorgement, civil penalties plus fees and costs.
If you believe you have been a victim of consumer fraud, you can file a complaint by visiting the Attorney General’s website or contact the Attorney General’s Office in Phoenix at (602) 542-5763; Tucson at (520) 628-6648; or outside Phoenix/Tucson metro areas at (800) 352-8431.
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