— A Fiat Chrysler key fob programming class action lawsuit will continue after the judge refused to grant the automaker's motion to compel arbitration and motion to dismiss the lawsuit.
Chrysler was sued because criminals are allegedly using legal key programmers to illegally steal Chrysler, Dodge, Jeep, Ram, Alfa Romeo and Fiat vehicles.
The FCA class action lawsuit says millions of FCA vehicles are defective, but the lawsuit was not filed against the criminals who break out the windows and steal the vehicles.
Several vehicle owners who sued never had their vehicles stolen, but they complain they overpaid for their vehicles because Chrysler misled them about the anti-theft systems.
The Chrysler customers who did have their vehicles stolen don't specifically say key programmers were used in the thefts, but customers believe they were used.
Fiat Chrysler told the judge the lawsuit should not be in court because the customers who filed the class action lawsuit agreed to arbitrate their claims when they purchased their vehicles.
FCA presented evidence the vehicles came with written warranties located in the warranty booklets, and evidence was provided to show those booklets contain arbitration provisions.
The plaintiffs don't dispute the warranty booklets contain the arbitration provisions.
Instead, the plaintiffs claim:
- They were not presented with a warranty booklet before or during their transactions.
- No sales representative referenced the booklet, or any arbitration clause contained in it before or during their transactions.
- They did not see —and were not informed of — an arbitration provision contained in the booklet before or during their transactions.
- They did not consent or agree to any arbitration provision when they purchased their vehicles.
Five of the plaintiffs further claim they never received warranty booklets at all.
Because the plaintiffs denied knowing anything about the arbitration agreements, the judge denied Chrysler's motion to compel arbitration by viewing "the facts in favor of the nonmoving party," meaning the owners who sued.
The judge also believed the plaintiffs when they claimed they didn't know thieves could illegally make copies of key fobs to steal the vehicles. Chrysler supposedly failed to warn the plaintiffs that thieves could break out the windows and steal the vehicles.
The plaintiffs also claim millions of vehicles do not comply with federal standards even though those vehicles had to pass federal standards to be sold in the first place.
The judge denied FCA's motion to dismiss the lawsuit by taking "all of Plaintiffs’ facts as true." This supposedly shows the plaintiffs "demonstrated an injury in fact" by claiming they overpaid for their vehicles.
The Chrysler key fob programming class action lawsuit was filed in the U.S. District Court for the Eastern Division of Michigan: Ivy Stryker et al., v. FCA US LLC, et al.
The plaintiffs are represented by the Simon Law Firm, P.C., Berardi and Associates LLC, Fegan Scott LLC, Gray Ritter Graham, and Olsman MacKenzie Peacock.