“Last week, a California judge decided to allow a class action lawsuit filed in December 2017 against Fiat Chrysler to proceed,” reports IEEE Spectrum. “The lawsuit, which could have major ramifications for car makers, was filed in response to stalling issues with 2017 Chrysler Pacifica minivans that the plaintiffs allege were caused by known software defects.” From the report: The plaintiffs allege that Fiat Chrysler, despite numerous owner complaints about the Pacifica stalling out, concealed knowledge of defects in Pacifica’s powertrain control module (PCM) to keep customers from having concerns about buying the vehicle. Fiat Chrysler attempted to get the lawsuit dismissed, arguing that consumer complaints don’t prove that a vehicle defect exists, or demonstrate that the company knew about the alleged defect a priori and concealed it.

The judge agreed with Fiat Chrysler on those points, ruling that the plaintiffs could not use consumer complaints alone as evidence of a defect. However, he pointed out that Fiat Chrysler had issued two technical service bulletins relating to Pacifica’s PCM software before the plaintiffs had purchased their vehicle, and two more following their purchase. The judge ruled that there was sufficient evidence to believe it was “at least plausible” that Fiat Chrysler knew that there was a stalling problem with the vehicles before the plaintiffs bought them.

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