Reynolds et al. v. FCA US LLC

You bought or leased a Class Vehicle in the United States. The Court has ordered a notice be sent to you because you have a right to know about the proposed settlement and your options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, FCA US will provide the Extended Warranty and other benefits agreed to in the Settlement.

The Plaintiffs allege that the Class Vehicles suffer from a defect that causes the steering wheel and front suspension to shake after contact with a bumpy road surface at highway speeds. FCA US has not been found liable for any of the claims alleged and denies the Class Vehicles are defective. The Court has not decided who is right.

In a class action lawsuit, one or more persons, called “Class Representatives” sue on behalf of people who may have similar claims. These and similarly situated individuals are collectively known as the “Class” or “Class Members.” One court resolves the issues for all Class Members except those who exclude themselves from the Class.

The Class Representatives and FCA US agreed to a Settlement to avoid the costs and risks of further litigation, including a potential trial. The Settlement does not mean that FCA US broke any laws or did anything wrong. The Court has not decided which side is right.

The Class Representatives and FCA US entered into an agreement (“Settlement Agreement”) that was preliminarily approved by the Court that authorized the issuance of the notice.

The notice summarizes the essential terms of the Settlement. The Settlement Agreement along with all exhibits and addenda set forth the rights and obligations of all the Parties in greater detail. These documents are all available for review here.

The Certified Class includes all individuals who purchased or leased in the United States a Model Year 2018-2020 Jeep Wrangler or 2020 Jeep Gladiator. The Class excludes FCA US; any affiliate, parent, or subsidiary of FCA US; any entity in which FCA US has a controlling interest; any officer, director, or employee of FCA US; any successor or assign of FCA US; any judge to whom this Action is assigned, his or her spouse, and all persons within the third degree of relationship to either of them, as well as the spouses of such persons; individuals and/or entities who validly and timely opt out of the Settlement; consumers or businesses that have purchased Class Vehicles previously deemed a total loss (i.e., salvage) (subject to verification through Carfax or other means); and current or former owners of a Class Vehicle that previously released their claims against FCA US with respect to the same issues raised in this class action.

The Class excludes all claims for death, personal injury, property damage, and subrogation.

The “Class Vehicles,” for the purposes of the description in FAQ 5, are the following vehicles: model-year 2018-2020 Jeep Wranglers and 2020 Jeep Gladiators purchased or leased in the United States.

Yes. You are still a Class Member even if your vehicle has not experienced any problem with its front suspension steering damper. If you still own or lease a Class Vehicle, you will be eligible to take advantage of a Warranty Extension covering the front suspension steering damper for a period of up to 8 years or 90,000 miles (whichever occurs first) from the date the vehicle was first sold to its original owner or lessee, as well as certain other benefits of the Settlement.

If you are still not sure whether you are included, you can email FCAUSSettlement@cptgroup.com and ask whether your vehicle is included in the Settlement. You will need to have your Vehicle Identification Number (“VIN”) ready. The VIN is located on a placard on the top of the dashboard and is visible through the driver’s side corner of the windshield. It also appears on your vehicle registration card and probably appears on your vehicle insurance card. Your VIN should have 17 characters, comprised of a combination of letters and numbers.

The Settlement provides the following benefits:

1. Warranty Extension

FCA US will provide a Warranty Extension for the Class Vehicles covering a period of up to 8 years or 90,000 miles (whichever occurs first) from the date the vehicle was first sold to its original owner or lessee. The Warranty Extension will cover the cost of all parts and labor needed to replace a failed front suspension steering damper. Except for the durational limits applicable to the front suspension steering damper, the terms, conditions, and exclusions of the Basic Limited Warranty and the Powertrain Limited Warranty applicable to the Class Vehicles shall apply.

You do NOT need to do anything to receive the benefits of this Warranty Extension.

2. Product Improvements

If there is a problem with the front suspension steering damper that the Warranty Extension covers, FCA US shall install the version of the steering damper currently authorized at the time of repair.

3. Reimbursement for Repairs

In connection with the Settlement, any Class Member who paid to have the front suspension steering damper replaced in their Class Vehicle will be entitled to submit a claim for reimbursement. To submit a claim for reimbursement, please visit www.fcarecallreimbursement.com. Please have records of the repair(s) performed and amount(s) paid available when submitting your claim.

Reimbursement for Repairs

Please visit www.fcarecallreimbursement.com to submit a claim for reimbursement of the amount paid for a repair relating to the front suspension steering damper in your Class Vehicle. Please keep a copy of all documentation you submit for your own records. Claimants previously reimbursed in full or in part for a qualifying expense (e.g., through an FCA US or dealership goodwill payment) are not entitled to reimbursement under this Settlement for that portion of the expense for which they have already been reimbursed.

The claims process will not begin until after the settlement has received Final Approval following the Final Approval Hearing on April 19, 2023.

Unless you exclude yourself in writing as described in the answer to FAQ 14, you will be treated as part of the Class. That means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any other lawsuit against FCA US or other related entities or individuals (listed in the Settlement Agreement, which you can view here) about the legal issues in this case. This includes but is not limited to claims of false advertising, deceptive practices, fraud, breach of implied or express warranties, lemon laws, unjust enrichment, strict product liability, and negligence. It also means that all of the Court’s orders will apply to you and legally bind you.

However, nothing in this Settlement will prohibit you from pursuing claims for: (i) death, (ii) personal injury, (iii) damage to property other than to a Class Vehicle, (iv) subrogation, or (v) any and all claims that relate to something other than a Class Vehicle and the front suspension steering damper at issue in this case. If you have any questions about the scope of the legal claims you give up by staying in the Class, you may view Section VII of the Settlement Agreement (available here) or you can contact Class Counsel identified in FAQ 15 below for free or speak with your own lawyer at your own expense.

If you do not want the benefits or reimbursements provided in this Settlement, and you want to keep the right to sue or continue to sue FCA US or other related entities or individuals on your own about the legal issues in this case, including for any existing claims you may currently have, then you must take steps to get out of the Class. This is called excluding yourself and is sometimes referred to as opting out of the Class.

To exclude yourself from the Settlement, you must send a letter by U.S. Mail (or an express mail carrier) saying that you want to “opt out of” or “be excluded from” the Class Settlement in Reynolds, et al. v. FCA US, LLC, No. 2:19-cv-11745 (E.D. Mich.). Be sure to: (i) include your full name and current address, (ii) identify the model year, approximate date(s) of purchase or lease, and Vehicle Identification Number (“VIN”) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and (iii) clearly state your desire to be excluded from the Settlement and from the Class. You must mail your exclusion request postmarked no later than March 10, 2023, to Reynolds, et al. v. FCA US LLC, c/o CPT Group Inc., 50 Corporate Park, Irvine, CA 92606.

You can’t exclude yourself on the phone, through any website, or by email. Please keep a copy of any exclusion (or opting out) letter for your records. If you ask to be excluded, you cannot receive any benefits under this Settlement, and you cannot object to the Settlement. If you choose to be excluded or opt out, you will be excluded for all claims you have that are included in the Settlement. You will not be legally bound by anything that happens in this lawsuit. Depending on the laws in your state, you may be able to sue (or continue to sue) FCA US or other related entities or individuals in the future about the legal issues in this case.

No. Unless you exclude yourself (opting out), you give up the right to sue FCA US and other related entities or individuals for the claims that this Settlement resolves. For a complete description of the claims that this Settlement resolves, please see Section VII of the Settlement Agreement here.

If you have a pending lawsuit against FCA US or related entities, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit if it concerns the same legal issues related to the Class Vehicles and the alleged defect in this case, even if it involves other causes of action, including but not limited to false advertising, deceptive practices, fraud, breach of implied or express warranties, lemon laws, unjust enrichment, strict product liability, and negligence. Remember, the exclusion deadline is March 10, 2023. If you are a Class Member and you do nothing, you will remain a Class Member and all of the Court’s orders will apply to you, you will be eligible for the Settlement benefits described above as long as you satisfy the conditions for receiving them, and you will not be able to sue FCA US over the issues in this lawsuit.

No. If you exclude yourself, you cannot ask for any reimbursement, and you will not receive an extended warranty for your vehicle. But you may sue, continue to sue, or be part of a different lawsuit against FCA US and other related entities or individuals for the claims that this Settlement resolves.

The Court has appointed Simon Paris of Saltz Mongeluzzi & Bendesky, P.C. and E. Powell Miller of the Miller Law Firm P.C. to represent you and other Class Members.

PLEASE DO NOT SEND CLAIMS FOR REIMBURSEMENT TO THE ABOVE ATTORNEYS

At a later date, Class Counsel will ask the Court for attorneys’ fees, expenses, and service payments to each of the named Class Representatives. It will be up to the Court to decide whether to award any of the requested fees, expenses, and service payments. These amounts will not come out of the funds for payments to Class Members.

FCA US will also separately pay the costs to administer the Settlement.

Any Class Member who has not successfully excluded themselves from the Class may object to the approval of the Settlement, to any aspect of the Settlement or the Settlement Agreement, to the application for attorneys’ fees and costs, and/or to the application for a Class Representative Award to Plaintiffs. To object, you must properly file any objection in the Action with the Clerk of Court of the United States District Court for the Eastern District of Michigan on or before March 10, 2023, and must mail or hand-deliver a copy of the objection to Class Counsel and Counsel for FCA US at the addresses set forth below by that same date. To be timely, objections that are mailed must be postmarked by March 10, 2023, and objections that are hand-delivered must be received by the Court, Class Counsel, and Counsel for FCA US by March 10, 2023.

Your objection letter must include:

1. the name and title of the lawsuit, Clair Reynolds, et al. v. FCA US, LLC, No. 2:19-cv-11745 (E.D. Mich.);

2. a detailed written statement of each objection being made, including the specific reasons for each objection, and any evidence or legal authority to support each objection;

3. your full name, address, and telephone number;

4. the model year and VIN of your Class Vehicle;

5. a statement of whether you or your lawyer will ask to appear at the Fairness Hearing to talk about your objection;

6. any supporting papers, materials, exhibits, or briefs that you want the Court to consider when reviewing the objection;

7. the identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to your objection;

8. a list of any other objections submitted by you or any of your counsel, to any class action settlements submitted in any court in the United States in the previous five years; and

9. your signature and that of your attorney, if you have one, and the date of the objection

Submitting an objection allows Class Counsel or Counsel for FCA US to notice your deposition and to seek any documentary evidence or other tangible things that are relevant to your objection. Failure to make yourself available for such a deposition or to comply with expedited discovery requests may result in the Court striking your objection or denying you the opportunity to be heard. The Court may require you or your counsel to pay the costs of any such discovery should the Court determine the objection is frivolous or made for an improper purpose.

If you do not state your intention to appear in accordance with the applicable deadlines and specifications, or you do not submit an objection in accordance with the applicable deadlines and specifications, you will waive all objections and can be barred from speaking at the Final Approval Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class and the Settlement. You cannot both exclude yourself and object. If you choose to both exclude yourself and object, it will be treated as if you excluded yourself only. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold a Fairness Hearing at 11:00 a.m. on April 19, 2023, at the U.S. District Court for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, MI 48226. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide whether and/or how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take.

The hearing may be rescheduled without further notice to you, and may be conducted remotely, so it is recommended you periodically check the settlement website for updated information.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed a valid written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.

You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Clair Reynolds, et al. v. FCA US, LLC, No. 2:19-cv-11745 (E.D. Mich.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than March 10, 2023, and be sent to Class Counsel and Counsel for FCA US, whose addresses are provided in FAQ 25.

If you do nothing, you will remain a Class Member and be entitled to the benefits of the Warranty Extension (if you continue to own or lease your Class Vehicle), and you will be entitled to file claims for the reimbursement of any payment you made to replace the front suspension steering damper. But you will never be able to file a lawsuit, continue a lawsuit, or be part of any other lawsuit against FCA US or other related entities or individuals concerning the legal issues in this case.

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which you can view here. Neither FCA US, Class Counsel, or the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have.

You can email the Settlement Administrator at FCAUSSettlement@cptgroup.com or visit this website, where you will find information and documents about the Settlement and other information. You may also contact Class Counsel listed in response to FAQ 15.

All papers filed in this Action are also available for review via the Public Access to Court Electronic Resources System (PACER), available online at http://www.pacer.gov.

DO NOT WRITE OR TELEPHONE THE COURT, THE CLERK’S OFFICE, OR FCA US WITH ANY QUESTIONS ABOUT THE NOTICE, THE SETTLEMENT, OR THE SETTLEMENT AGREEMENT.

Class Counsel

Defense Counsel

Stephen D’Aunoy
THOMPSON COBURN LLP
One U.S. Bank Plaza, 26th Floor
St. Louis, Missouri 63101

Settlement Administrator

Reynolds, et al. v. FCA US LLC
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
Toll Free: 1-888-318-0175
Website: www.cptgroupcaseinfo.com/FCAUSSettlement