— A Dodge Durango SRT Hellcat lawsuit is back up and running after mediation between the parties failed.
According to the class action lawsuit, Fiat Chrysler allegedly sold the 2021 Dodge Durango SRT Hellcat as a single model year SUV. Meaning, the lawsuit alleges consumers who purchased the 2021 Dodge Durango SRT Hellcat believed it was a special collectors limited-run vehicle.
The lawsuit says Chrysler's false advertising fooled about 3,000 people into buying a 2021 Dodge Durango SRT Hellcat that would allegedly be the only model year offered.
The Dodge Durango SRT Hellcat lawsuit includes:
"All United States citizens who purchased a new MY 2021 Dodge Durango Hellcat Vehicle from one of the Defendants’ authorized dealers prior to the date Defendants publicly revealed in August 2022 that they were producing and would sell another year run of the Hellcat vehicles in 2023."
Customers allegedly fell victim to a "classic bait and switch scheme" on the part of FCA, referencing this statement from Dodge Chief Executive Officer Tim Kuniskis.
“The Hellcat Durango will be a single model year run. When we turn the order books over to the ’22 model year, the Durango Hellcat will be gone. So you’ve only got one shot. The 2021 Durango Hellcat is only a single model-year run, ensuring that it will be a very special, sought-after performance SUV for years to come.”
Owners of 2021 Dodge Durango SRT Hellcats contend they were shocked to learn a 2023 Dodge Durango SRT Hellcat would be released. According to the seven customers who filed the class action lawsuit, FCA's own statements prove the plaintiffs were right to sue.
"The most powerful SUV ever is exclusively available for the 2021 model year and comes with a starting U.S. manufacturer’s suggested retail price (MSRP) of $80,995 (excluding $1,495 destination)." — Fiat Chrysler Automobiles / Stellantis
The SRT Hellcat is referred to as “the most powerful production SUV in the world” because it has 710 horsepower and can tow more (8,700 lbs.) and allegedly runs a quarter mile faster than any other SUV in the world.
Motion to Dismiss the Dodge Durango SRT Hellcat Lawsuit
FCA obviously sees the issue differently than the plaintiffs, telling the judge none of the plaintiffs claim their 2021 Durango SRT Hellcat SUVs failed to perform as advertised. And none of the plaintiffs assert their vehicles were defective in any way.
The lawsuit alleges the plaintiffs purchased their SUVs as a “suitable investment”, the implication being the 2021 SRT Hellcat was to be a “limited edition” vehicle that was never to be built again.
The motion says:
"Each Plaintiff alleges that they purchased the SRT Hellcat based upon Defendants’ representations that it was a 'limited edition,' 'one-year model run only,' making it a 'suitable investment' and 'eventual collector’s item.'"
Chrysler references the July 2020 promotional video statement from Dodge CEO Tim Kuniskis when he said the 2021 Dodge Durango SRT Hellcat would be a “single model year run” that would not be produced in 2022. But the automaker told the judge that at no point in this announcement did Kuniskis say the vehicle would never be built again.
The plaintiffs quote Kuniskis from an article that also says: “[T]he Durango Hellcat is not limited, not serialized like what we do with [Dodge Demon]” and the 2021 model year run of the vehicle did “not imply the end of the product lifecycle."
The article went on to explain FCA was limited in its production capabilities for the 2021 SRT Hellcat due to evaporative emission requirements set to take effect in 2022. This blocked Chrysler from producing a 2022 edition of the SRT Hellcat. In addition, there was uncertainty surrounding COVID-19 and consumer demand for the SUV.
This is allegedly why only 3,000 of the vehicles were built for 2021.
FCA says its engineers were able to improve the fuel system to meet the new meet evaporative emissions requirements, as mentioned in the article the plaintiffs cite. FCA then announced the production of the 2023 Dodge Durango SRT Hellcat.
According to Fiat Chrysler, the very announcements and articles cited by the plaintiffs in the lawsuit prove Chrysler never represented the Dodge Durango SRT Hellcat would not be manufactured in another model year.
As for the plaintiffs purchasing their SUVs based on being "investments," FCA argues none of the plaintiffs claim they tried to sell their SUVs but the vehicles had lost value. And Chrysler also told the judge none of the plaintiffs plead they stored or limited their use of their vehicles to "preserve their investments.”
As for allegedly false statements or misrepresentations, FCA argues the class action lawsuit fails to support whether any plaintiff even heard or read the alleged misrepresentations, "let alone when, where and how they saw FCA’s allegedly misleading statements. Nor do they allege facts to support that they relied on such statements."
According to FCA, statements "about future expected production do not constitute fraudulent misrepresentations."
"Plaintiffs’ claims also must be dismissed because FCA’s comments concerning the Vehicle constitute nothing more than non-actionable statements about expected future performance. Fraud claims cannot survive a motion to dismiss when the underlying claim is based upon predictions about future expected business endeavors or product availability." — Motion to dismiss the Dodge Durango SRT Hellcat lawsuit
The Dodge Durango SRT Hellcat lawsuit was filed by these owners of 2021 models:
- Stacy Phillips (Virginia)
- Lawrence Willis (Texas)
- Eli Negron III (New York)
- Jason Van Genderen (California)
- Christian Papana (Illinois)
- Mark Hollingsworth (Georgia)
- Jeffrey G. Heintz, Sr. (Florida)
The Dodge Durango SRT Hellcat lawsuit was filed in the U.S. District Court for the District of Delaware: Phillips, et al., v. FCA US LLC and Stellantis, N.V.
The plaintiffs are represented by deLeeuw Law LLC, Kantrowitz, Goldhamer & Graifman, P.C., and Migliaccio & Rathod LLP.