Muscle Car: Fiat Chrysler Hid Dodge Challenger SRT Demon Hood Scoop Defect, Class Action Alleges
Peralta v. FCA US LLC
Filed: November 5, 2020 ◆§ 5:20-cv-02307
A class action alleges FCA US has concealed a hood scoop defect affecting limited edition 2018 Dodge Challenger SRT Demon muscle cars.
California
A proposed class action alleges FCA US has concealed a defect in the “one-of-a-kind” 45-square-inch “functional” Air-Grabber hood scoop found on limited edition 2018 model year Dodge Challenger SRT Demon vehicles.
According to the 27-page lawsuit, the apparent hood scoop defect is a “self-perpetuating issue” that can manifest simply as a result of driving the muscle car as it’s intended to be driven. The complaint says the defect can cause a Dodge Demon’s hood scoop insert—a cut-out in the center of the hood that allows, or at least appears to allow, air to flow directly into the engine compartment—to sag, buckle, bulge and vibrate, which can in turn warp the insert and strip, crack and chip the original factory paint, causing further damage and rust to the hood.
As the case tells it, Auburn Hills, Michigan-based FCA US has not only hid the hood scoop defect from its special edition Challenger SRT drivers but has refused to repair the problem under warranty, no matter when the issue makes itself known and notwithstanding the extent of the damage the issue can supposedly cause. From the complaint:
“Despite occurring well within warranty, Defendants have failed to offer a timely or adequate fix to conform the Class Vehicle to Defendants’ express representations. More troubling, Defendants concealed their knowledge of the Hood Scoop Defect while continuing to market and sell the Class Vehicle as one with a particularly high grade and quality that it simply does not possess.
To date, the Hood Scoop Defect remains unmitigated, continues to cause damage, and serves to substantially impact the Class Vehicle’s value and usability, entitling Dodge Demon owners to both legal and equitable relief.”
Defendant FCA USA has manufactured, sold and shipped a total of 3,300 2018 Dodge Challenger SRT Demons to dealerships throughout the U.S. and Canada, the suit states. Though similar in appearance to the automaker’s standard Challenger models, the special edition Demon stood apart with regard to price and features, not to mention its advertised capabilities and status as a potential future collector’s item, according to the case.
According to FCA’s advertisements, the 2018 Dodge Demon was touted as “the most-powerful muscle car ever,” boasting 840 horsepower and 770 pounds-feet of torque from a supercharged 6.2-liter HEMI Demon V-8 engine. Per the lawsuit, the Demon’s engine is cooled by a specially designed and trademarked 45-square-inch “functional Air Grabber hood scoop,” which was developed by FCA’s engineers to “make a statement and still be very functional.”
The automaker represents the hood scoop, promoted prominently in advertisements for the roughly $85,000 Dodge Demon, as an intake chiller system that actively sucks heat out of the engine and supercharger coolant, which lowers the intake charge system by 45 degrees Fahrenheit and allows the engine to keep making power regardless of the weather, the lawsuit reads, noting that FCA teased that the feature “sucks air like a jet intake.” Per the suit, FCA also advertised, among other claims, that its engineers, in “the quest for absolute drag strip domination,” fine-tuned “every part and piece” of the 2018 Dodge Challenger SRT Demon to ensure a lofty level of performance.
The lawsuit alleges, however, that the apparent issues with the hood scoop render FCA US’s advertising and marketing claims for the 2018 Dodge Demon false.
Shortly after the 2018 Dodge Demon was made available to the public, owners began noticing, as early as March 2018, that the much-ballyhooed Air-Grabber hood scoop was sagging, buckling and bulging, which in turn was causing paint stripping, cracking and chipping, the suit claims. As the lawsuit tells it, FCA’s parading of the ostensibly collectible Dodge Demon came to a halt once the first signs of problems with the hood scoop surfaced. More from the complaint:
“Unfortunately, and despite initially rolling out the red carpet to potential customers with exclusive gifts paid for by celebrity praise and a one-thousand-horsepower-fueled marketing campaign, Defendants slammed on the brakes at the first sign of chipped paint and have completely breached their obligations by failing to conform the vehicles to their express warranties. As a result, the value and usefulness of the Class Vehicle remains substantially impacted.”
The case goes on to allege that FCA US, despite possessing knowledge of the hood scoop defect as early as March 2018, waited almost two years before developing a “so-called fix.” That fix, however, called for the implementation of a different, non-original hood scoop bezel, i.e. the only part of the Dodge Demon’s Air Grabber that is visible on the outside, and “actually causes further damage” to the cars, the lawsuit claims.
“In sum, the repair(s) offered to the class of Dodge Demon owners are inadequate and represent an insurmountable departure from the vehicle as advertised, and in and of itself causes irreversible damage to the vehicle’s value, use, and future collectability,” the complaint reads.
The lawsuit looks to represent all California residents who, at any time since March 1, 2018, bought or leased a Dodge Demon in the state.
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