You received a Notice because you appear in FCA US's records as having purchased or leased a new 2013, 2014, or 2015 Dodge Ram 2500 or 3500 truck with Cummins Diesel between November 26, 2014 to July 13, 2016 in the following states: Alabama, Colorado, Florida, Georgia, Idaho, Kentucky, Michigan, Mississippi, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Utah, Virginia, and Washington.

The Court has directed that the Notice be sent to you because, as a potential member of the Class, you have the right to know about the Settlement reached in this Action between Plaintiffs (on behalf of the Class,) and Defendants and about all of your options before the Court decides whether to approve the Settlement.  The Notice explains the lawsuit, the Settlement, and your legal rights.

The Court in charge of this Action is the United States District Court for the Eastern District of Michigan.  The case is called Raymo, et al. v. FCA US LLC, et al., Civil Action No. 17-12168 (TGB)(SDD).  United States District Court Judge Terrence G. Berg is overseeing this Action.  The persons who brought this case are the plaintiffs, and the companies they sued are called defendants.

The lawsuit claims that defendants Cummins and FCA US defrauded consumers by developing, advertising, and selling Model Year 2013 – 2017 Dodge Ram 2500 and 3500 trucks with a Cummins 6.7-liter diesel engine (the “Trucks”) with a Selective Catalytic Reduction System that did not perform as advertised and failed to disclose two material defects in the Trucks, namely a “washcoat defect” and “flash defect".

The Defendants deny the allegations and the Court has not made any decision on the merits of Plaintiffs’ claims because the parties have agreed to settle the claims. On June 7, 2024, the Court granted preliminary approval of the Settlement.

The Defendants are Cummins and FCA US. The Settlement would resolve all claims against both Defendants.

In a class action, one or more individuals or entities, called “class representatives,” sue on behalf of others who have similar claims. The class representatives in this case are Jeremy Raymo, Forrest Poulson, Gary Gaster, Brendon Goldstein, Manuel Pena, John Reyes, Dennis Kogler, Jeremy Batey, Clarence “Todd” Johnson, Stephen Zimmerer, Justin Sylva, Ian Hacker, Jason Gindele, James Blount, Luke Wyatt, Chris Wendel, Darin Ginther, and Matt Baffunno (collectively referred to herein as “Plaintiffs”). The Plaintiffs and the individuals or entities with similar claims are individually “class members,” together forming a class. One court resolves the issues for all class members, except for those who exclude themselves from the class.

Defendants have denied all liability and wrongdoing in this case and has asserted various defenses to the Plaintiffs’ claims.  The Court did not decide in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement. That way, they avoid the cost and risk of a trial, and the Class Members affected can get compensation.

This Settlement is the product of extensive negotiations between lawyers for the Plaintiffs and Defendants. The Plaintiffs and Plaintiffs’ Counsel think the Settlement is fair and in the best interests of all Class Members.

The Class is defined as:

All persons and entities who purchased or leased a new 2013, 2014, or 2015 Dodge Ram 2500 or 3500 truck with Cummins Diesel between November 26, 2014 to July 13, 2016 in the following states: Alabama, Colorado, Florida, Georgia, Idaho, Kentucky, Michigan, Mississippi, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Utah, Virginia, and Washington.

Excluded from the Settlement Class are: Cummins and FCA US; any affiliate, parent, or subsidiary of Cummins or FCA US; any entity in which Cummins or FCA US has a controlling interest; any officer, director, or employee of Cummins or FCA US; any successor or assign of Cummins or FCA US; and any judge to whom this Action is assigned, his or her spouse; individuals and/or entities who validly and timely opt out of the settlement; and current or former owners of a Class Vehicles that previously released their claims in an individual settlement with Cummins and FCA with respect to the issues raised in the Action.

If you fall within this definition, and you did not previously exclude yourself from the Class, you are a Class Member.

Class Members have been identified using purchase and ownership records obtained from FCA US. If you are still not sure if you are a Class Member, you may contact the Settlement Administrator, JND Legal Administration, by calling 1-844-633-0696, or writing to Raymo et al v. FCA US LLC and Cummins Inc., c/o JND Legal Administration, PO Box 91227, Seattle, WA 98111.

In accordance with the terms of the Settlement, Defendants have agreed to pay $6,000,000.00 to Class Members (the “Settlement Fund”).  If you are a Class Member and do not request exclusion from the Class, you may be eligible to receive a payment from the Settlement Fund. The final amount to be paid to each Class Member will depend upon the fees, costs, and incentive awards approved by the Court, but is estimated to be approximately $100.40 per Eligible Truck, in the form of a check. Class Counsel estimates that if the Action were to proceed to trial resulting in a judgment in favor of the Class, the maximum possible recovery per vehicle would be approximately $1,600.00. The Settlement would resolve all claims against Defendants.

Each Class Member shall be entitled to one pro rata share of the Net Settlement Fund for each Eligible Truck, identified by VIN, the Class Member purchased or leased during the Class Period. Thus, a Class Member who purchased one Eligible Truck during the Class Period will be entitled to one pro rata share of the Net Settlement Fund, while a Class Member who purchased two Eligible Trucks during the Class Period will be entitled to two pro rata shares of the Net Settlement Fund.  Class Members have been identified using purchase and ownership records obtained from FCA US.

Plaintiffs will apply for reasonable Service Awards to be paid from the Settlement Fund for the time and efforts spent by Plaintiffs in this matter.  Plaintiffs will request Service Awards of $5,000 for each Plaintiff.  Any such awards shall be subject to Court approval and will be paid from the Settlement Fund.

Plaintiffs’ Class Counsel will apply to the Court for an award of Attorneys’ Fees and Expenses from the Settlement Fund.  Plaintiffs’ Class Counsel’s application for Attorneys’ Fees shall not exceed 30% of the Settlement Fund, and shall include time already spent in prosecuting this case and time estimated to be expended through final implementation of this Settlement Agreement.  Plaintiffs’ Class Counsel will also seek an award of out-of-pocket expenses already incurred in prosecuting this case and estimated expenses through the final implementation of this Settlement Agreement.  Any award of Class Counsel Attorneys’ Fees and Expenses from the Settlement Fund shall be subject to Court approval and will be paid from the Settlement Fund.

Class Members will be identified using purchase and ownership records obtained from FCA US. The Settlement Fund will be administrated by JND Legal Administration. If the Court approves the Settlement, payments from the Settlement Fund will be distributed to Class Members who have not opted out of the Settlement in accordance with the terms of the Settlement Agreement and any applicable Order entered by the court for their respective pro rata share of the Net Settlement Fund. If you do not opt-out, you will receive a check for your share of the Settlement Fund, mailed to the address reflected in FCA US's records.

If you have any questions regarding your eligibility to participate in the Settlement, please contact the Court-appointed Settlement Administrator by calling 1-844-633-0696.

Each Class Member shall be entitled to one pro rata share of the Net Settlement Fund for each Eligible Truck, identified by VIN, the Class Member purchased or leased during the Class Period. Thus, a Class Member who purchased one Eligible Truck during the Class Period will be entitled to one pro rata share of the Net Settlement Fund, while a Class Member who purchased two Eligible Trucks during the Class Period will be entitled to two pro rata shares of the Net Settlement Funds. The final amount to be paid to each Class Member will depend upon the fees, costs, and incentive awards approved by the Court, but is estimated to be approximately $100.40 per Eligible Truck. Class Counsel estimates that if the Action were certified as a Class Action for trial and proceeded to trial resulting in a judgment in favor of the Class on all claims with damages assessed at the highest value claimed, the maximum possible recovery per vehicle would be approximately $1,600.00, from all Defendants. In that event, however, Defendants would continue to dispute that the case should be certified as a class action for trial, that they should be held liable on any of Plaintiffs’ claims, or that any damages should be awarded to Plaintiffs or the Class. As such, there is a substantial risk that if the case proceeded to trial, the Class could recover less than the Settlement Amount, or nothing.

Important! Class Members who exclude themselves in accordance with FAQ 13 below will not be able to share in the distribution from the Settlement Fund.

There is no date certain for making payments from the Settlement Fund.  The Settlement Fund will be distributed to eligible Class Members after the Court grants final approval to the Settlement and all claims have been fully processed by the Settlement Administrator.

Please Note: The Settlement may be terminated on several grounds, including if the Court does not approve or materially modifies the Settlement.  Should the Settlement be terminated, this Action will proceed against the Defendants as if the Settlement had not been reached.  If the Settlement is terminated, there will be no payments made to Class Members.

Unless you exclude yourself, you will remain in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants related to its engines in Dodge Ram 2500 or 3500 trucks.  It also means that all of the Court’s orders will apply to you and legally bind you.  As set forth in Section VIII of the Settlement Agreement:

In consideration of the Settlement and except as stated below in Sections VIII(C) and VIII(I), Plaintiffs and each Class Member, on behalf of themselves and any other legal or natural persons who may claim by, through or under them, agree to fully, finally and forever release, relinquish, acquit, discharge and hold harmless the Released Parties from any and all claims, demands, suits, petitions, liabilities, causes of action, rights, and damages of any kind and/or type regarding the subject matter of the Action, including, but not limited to, compensatory, exemplary, punitive, expert and/or attorneys’ fees or by multipliers, whether past, present, or future, mature, or not yet mature, known or unknown, suspected or unsuspected, contingent or non-contingent, derivative or direct, asserted or un-asserted, whether based on federal, state or local law, statute, ordinance, regulation, code, contract, common law, or any other source, or any claim of any kind related arising from, related to, connected with, and/or in any way involving the Action, Defendants' alleged conduct respecting the claims at issue in the Action, that are defined, alleged or described in the FAC, the Action or any amendments of the Action.

“Released Parties” or “Released Party” means Defendants and each of their past, present and future parents, predecessors, successors, spin-offs, assigns, holding companies, joint-ventures and joint-venturers, partnerships and partners, members, divisions, stockholders, bondholders, subsidiaries, related companies, affiliates, officers, directors, employees, associates, dealers, representatives, suppliers, vendors, advertisers, service providers, distributors and sub-distributors, agents, insurers, attorneys, administrators and advisors.  The Parties expressly acknowledge that each of the foregoing is included as a Released Party even though not identified by name herein.

To exclude yourself, you must send a letter saying that you want to be excluded from the Class. If you want to keep the right to sue or continue to sue the Defendants about the legal issues in this case, then you must exclude yourself from the Class. The letter must: (i) state the Class Member’s full name and current address; (ii) provide the model year and VIN of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease; and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.  Exclusions by letter should be sent to Raymo v. FCA US LLC and CUMMINS INC Opt Out, c/o JND Legal Administration, PO Box 91227, Seattle, WA 98111.

Exclusions sent by letter must be postmarked by August 21, 2024.

If you ask to be excluded from the Class, you will not get any payment from the Settlement Fund pursuant to the Settlement and you cannot object to the Settlement.  If you want to receive a payment from the Settlement, do not exclude yourself.

Important - Please Note:  Unless you exclude yourself, if the Court approves the Settlement, you give up any right to sue Defendants for the claims that the Settlement resolves.  If you have a pending lawsuit against Defendants related to its engines in Dodge Ram 2500 or 3500 trucks, speak to your lawyer in that case immediately.  You must exclude yourself from the Class in order to continue your own lawsuit against Defendants.

Warning!  If your request for exclusion is sent after the deadline, your request for exclusion will be considered invalid and you will not be excluded from the Class.  You cannot exclude yourself by telephone.

No.  If you decide to exclude yourself from the Class, you will not be able to receive money from the Settlement.

The Court appointed Hagens Berman Sobol Shapiro LLP, Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Seeger Weiss LLP, and The Miller Law Firm, P.C. as Class Counsel to represent the Class.

If you want to be represented by your own lawyer and have that lawyer appear in court for you concerning the Settlement, you may hire one at your own expense.  If you hire your own lawyer, you must tell the Court and send a copy of your notice to the Settlement Administrator at the address set forth in FAQ 17 below.

You are not personally responsible for payment of attorneys’ fees or expenses.  Plaintiffs’ Class Counsel will apply to the Court for an award of Attorneys’ Fees and Expenses from the Settlement Fund.  Plaintiffs’ Class Counsel’s application for Attorneys’ Fees shall not exceed 30% of the Settlement Fund, and shall include time already spent in prosecuting this case and time estimated to be expended through final implementation of this Settlement Agreement.  Plaintiffs’ Class Counsel will also seek an award of out-of-pocket expenses already incurred in prosecuting this case and estimated expenses through the final implementation of this Settlement Agreement.  Plaintiffs’ Counsel will also seek Case Contribution Awards of $5,000 for each of the Plaintiffs who served as proposed class representatives while the case was pending.  Any award of Class Counsel Attorneys’ Fees, Expenses from the Settlement Fund, or Case Contribution Awards shall be subject to Court approval and will be paid from the Settlement Fund.

Important! Plaintiffs’ Counsel’s request for attorneys’ fees, expenses and Case Contribution Awards will be on file with the Court, and posted on this website once available.

If you are a Class Member (and have not excluded yourself), you may tell the Court that you object to (or disagree with) all or part of the Settlement, Plan of Distribution, and/or Plaintiffs’ Counsel’s request for an award of attorneys’ fees, reimbursement of expenses, and/or Case Contribution Awards to Plaintiffs.  You must give reasons for your objection(s).  The Court will consider your objections when it decides whether or not to finally approve the Settlement.

Any such objection shall include the specific reason(s), if any, for the objection, including any legal support the Class Member wishes to bring to the Court’s attention, any evidence or other information the Class Member wishes to introduce in support of the objections, a statement of whether the Class Member intends to appear and argue at the Fairness Hearing, and the Class Member(s) to which the objection applies.  Class Members may do so either on their own or through an attorney retained at their own expense.  If you intend to appear at the final fairness hearing, you must also include a notice of intention to appear (see FAQ 21).

To object, you must file your written objection(s) with the Court at the following address by August 21, 2024:

Clerk of Court
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd., Room 599
Detroit, MI 48226

You must also send a copy of your written objection(s) to Plaintiffs’ Counsel and Counsel for Defendants, through the Settlement Administrator at the following address by August 21, 2024:

Raymo v. FCA US LLC and CUMMINS INC. OBJECTION
c/o JND Legal Administration
P.O. Box 91227
Seattle, WA 98111

Objecting is telling the Court that you do not like something about the Settlement.  You can object to the Settlement only if you are a Class Member and stay in the Class.  Excluding yourself, or “opting out,” means that you are removing yourself from the Class and will have no right to proceeds from the Settlement.  If you exclude yourself, you also have no right to object to the Settlement, because the Settlement no longer affect you.

The Court will hold a Fairness Hearing at 1:00 p.m. on October 10, 2024, at the Theodore Levin U.S. Courthouse, Courtroom 251, 231 W. Lafayette Blvd., Detroit, MI 48226.  At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve the Plan of Distribution and the request for attorneys’ fees, expenses, and Case Contribution Awards.  The Court will listen to Class Members who have asked to speak at the hearing.  If there are objections or comments, the Court will consider them at that time.  After the hearing, the Court will decide whether to approve the Settlement, the Plan of Distribution, and the request for attorneys’ fees, expenses, and Case Contribution Awards.  We do not know how long a decision will take to be made.

Important!  The time and date of the Fairness Hearing may change without additional mailed or publication notice.  Please check this website for updated information on the Fairness Hearing.

No.  Plaintiffs’ Counsel will be prepared to answer any questions the Court may have at the Fairness Hearing.  However, you are welcome to attend the hearing at your own expense.  If you send an objection, you do not have to come to court to explain.  As long as you mailed your written objection on time as set out in the Notice, the Court will consider it.  You may also pay another lawyer to attend the hearing, but it is not required.

You may ask the Court for permission to speak at the Fairness Hearing.  If you wish to do so, you must file a Notice of Intention to Appear with the Court at the following address by August 21, 2024:

Clerk of Court
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd., Room 599
Detroit, MI 48226

You must also mail copies of the Notice of Intention to Appear to the Settlement Administrator listed in FAQ 17 above, no later than August 21, 2024:

If you do nothing, you will remain in the Class. In that event, you will receive a check for your pro rata share of the Settlement Fund and you will be bound by the releases regarding the claims in this case as set forth in Section VIII of the Settlement Agreement, available in its entirety on the Important Documents page.