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Certain purchasers and lessees of manual-transmission model year 2013-2015 Dodge Darts manufactured on or before November 12, (“Class Vehicles”) have sued FCA US, LLC, (“FCA US”), in a case captioned Victorino v. FCA US, LLC, No. 3:16-CV-01617-GPC-JLB, in the U.S. District Court for the Southern District of California, claiming the C635 Manual Transmission’s Clutch System (“Clutch System”) has an alleged defect that causes the clutch pedal to lose pressure, stick to the floor, and prevents gears from engaging and disengaging, and ultimately premature failure, and seeking monetary and other relief for the Class. Plaintiff Carlos Victorino alleges that FCA US has breached the implied warranty of merchantability under California’s Song-Beverly Consumer Warranty Act. FCA US denies all the claims in the lawsuit, and asserts that it has not done anything wrong and that there is no defect.
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The Court has allowed the lawsuit to be conducted as a class action on behalf of persons who purchased or leased in California, from an authorized dealership, a new Class Vehicle for primarily personal, family, and household purposes (the “Class”). The Court has not decided whether FCA US did anything wrong. There is no money or other relief available now, and there is no guarantee that there will be in the future. However, your legal rights are affected, and you have a choice to make now:
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If you are a Class member, you have the option to stay in the class, in which case you do not have to do anything now. You will be bound by the Court’s orders and any potential judgment in favor of or against the Class. You will not have the right to sue FCA US concerning the claims in this case. Because the Court has not yet decided what issues will be decided on a class-wide basis, please keep all evidence, including documents, concerning your Class Vehicle. You may have routine maintenance performed on your Class Vehicle. You also may also transfer ownership of your Class Vehicle, but, if you do, it may affect your potential recovery. If you do not opt-out of the settlement, you may enter an appearance through an attorney if you so desire.
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If you do not want to remain a Class member, you need to exclude yourself from this Class. To be excluded, you must send a letter to Victorino v. FCA US, LLC, c/o CPT Group, Inc., 50 Corporate Park, Irvine CA 92606 that includes your name, address, Vehicle Identification Number (“VIN”), make and model, and a request to be excluded from the Victorino v. FCA US, LLC. case or email CPT Group, Inc. at VictorinoVFCA@cptgroup.com. You need to sign the letter. You will then not receive any money that the Plaintiff may obtain as a result of this case, but you will keep any individual rights to sue FCA US over the issues in this case. The deadline to exclude yourself is December 18, 2021.
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