Rear Window Leak Class Action Lawsuit Status Update

[wegasque]

The class action lawsuit is still underway. It is "Effie Johnson Norman v. FCA US, LLC" (Case #2:22-cv-11393) and was originally filed on June 22, 2022 in Detroit. I posted in the Rear Window Leak thread that they had a zoom hearing today for a motion to dismiss filed by the FCA attorney. I listened to both sides and the FCA attorney is arguing that the class only has 38 people while there's hundreds of thousands of 5th Gen trucks sold, therefore, it's not a widespread problem. He argued that 'windows' are not covered because they're prone to breaking by numerous factors, and like wipers, they could be considered a frequently replaceable item. All in all, it was a frustrating but enlightening experience watching the so very slow wheels of justice turn.

I grabbed the plaintiffs attorney's name and looked him. He had an email online so I crafted an email to him telling him about the Forum and that we have many members who have experienced the leaks from the window frame, shark fin, and CHMSL. I told him that FCA also made the enlightened decison to place the etorque equipment behind the driver's seat and it was prone to shorting out due to the water leak if the leak was in the right location. I even provided some links to some of the rear window leak threads and told him that members have been getting assistance from RamCares to try and get this covered under warranty. He responded and told me he'd pass along the information to his staff. I'm not sure if anyone form his office will reach out to folks, but hopefully, they'll read through some of the hundreds of pages of window leak threads. Anyway, just thought I'd share that the lawsuit is still going on and there's a remote possibility that someone could reach out to members who have had the leaking rear window.

The attorney's contact is: Daniel R. Ferri <[email protected]>

 

[Jmac509]

Following this for sure.

 

[grimreefer]

My local dealer replaced mine under warranty even though I was past the 12 month/12K mile glass warranty without me even having to ask (still in the 3 year/36K mile warranty period then). New window still good so far... but not confident it won't happen again.

 

[Idahoktm]

More importantly than the eTorque battery on the back wall, is the RF Hub...which will paralyze the truck if it gets wet.

 

[irishwake63]

following

 

[Geddyflea]

Following

 

[theblet]

Thanks for the update, and the efforts to help our ram family!

 

[Scion]

Wow! The FCA attorney is a slimy liar. The court should subpoena records from FCA of the thousands of windows they actually HAVE replaced for this very issue - whether under warranty or customer-pay - along with the many repairs for the ruined RF hubs that left people stranded. ALL of those people should automatically be included in the class, not to mention the many others who fixed it themselves or paid a glass shop for a replacement. And that doesn't even begin to take into account the damage from the CHMSL and shark fin leaks. So sleazy!

 

[scottmoyer]

Add me to the list of those that fixed the leak myself. Hopefully it holds

 

[Scion]

I have a few cracks in the frame. So far, I've only found a relatively small leak from the crack at the top passenger corner. Got my Permatex the other day and planning on sealing the whole top of the window this weekend. The class action is a good step. On top of that, there have absolutely been safety issues associated with this problem (beyond mold) from water running over the electronics causing the truck to stop and shift to park while driving, not to mention the risk of fire from water getting into the 48v battery for eTorque models. They need to fix the design and issue a safety recall. But it all comes down to money. FCA will weigh their options and do whatever they believe will cost them less in the end, just like pretty much every other auto maker. The bottom line trumps integrity every time.

 

[theblet]

Wow! The FCA attorney is a slimy liar. The court should subpoena records from FCA of the thousands of windows they actually HAVE replaced for this very issue - whether under warranty or customer-pay - along with the many repairs for the ruined RF hubs that left people stranded. ALL of those people should automatically be included in the class, not to mention the many others who fixed it themselves or paid a glass shop for a replacement. And that doesn't even begin to take into account the damage from the CHMSL and shark fin leaks. So sleazy!

Unfortunately that’s what attorneys do. FCA tasked them with preventing the company from having to pay any settlement.

 

[Mhons]

Add me to the list of those that fixed the leak myself. Hopefully it holds

My 2021 Ram is in the dealer now, How did you fix the leak. Please I don't really trust the dealer.

 

[SkittleRam]

Following. 2nd new window was just installed on June 13th, so I hoping to get 2 yrs out of it, hopefully, by then there will be some extended warranty on these trucks.

 

[scottmoyer]

People are fixing the leak with Permatex Flowable caulk. Do a search and you'll see how it's being used and where.

 

[c3k]

Following.

Disappointed to see only 38 plaintiffs. I tried to contact the attorney and the website I used rebuffed me. Something about the class action isn't open yet.

So, hopefully they'll assign staff to look at this forum and find how widespread the issue is and subpoena all rear-window replacement/leak issues that dealers have had to repair.

Thanks.

 

[Nstoolman1]

Let's make a wild assumption.
Say this class action suit takes off and FCA is held accountable.
What will happen to those of us that took the sealant route?
Replacing those windows will be a bigger with all of the sealant.

 

[Rebond]

You can follow the class action suit here:

RAM 1500 class action alleges vehicles have water intrusion defect

FCA had long standing knowledge of a defect that caused water to enter some of its vehicles causing a bad odor and mold, but never told customers, a new class action lawsuit alleges.

topclassactions.com

Notice the 600+ complaints at the bottom, not to mention the thousands on these very forums.

I simply sealed my 2022 Bighorn as well with flowable silicone and did the marine gasket tail light as preventative. No more issues.

My dealership manager who sold me the truck only responded to my email with: Trade your truck in for a new Ram! Sure mine was only 8 months old at the time, but that sounds like a logical fix?

My 6th Dodge Ram since 94, but then no company cares about loyal customers or their issues anymore.

 

[BowDown]

I don't see 600+ "thoughts on RAM 1500 class action alleges vehicles have water intrusion defect" and 38 suits rising to class action status.

Obtain class certification. Once the complaint is filed, the class representative will file a motion to have the court certify or approve the proposed class. To get approval of the class, the class representative and the law firm(s) representing the class representative must:

• Show that there is a proper legal claim against the defendant(s).
• Assign a lead plaintiff. The plaintiff who files the lawsuit, normally the class representative, needs to be formally approved as the lead plaintiff when the class is certified. The lead plaintiff will hire the class-action law firm, file the lawsuit, consult with everyone who has an interest and agree to any settlement. The lead plaintiff must be a typical member of the class, have no conflict with other class members and have the ability to represent the class.
• Prove that the class is large enough. This means that there are enough similarly injured people as the lead plaintiff. If the injuries for each member of the class are different, this might invalidate the class.

With roughly 6 million of trucks produced, there's only 38 suits?

Ram Sales Figures – US Market

Automotive Sales Data and Statistics

www.goodcarbadcar.net

 

[Darksteel165]

I don't see 600+ "thoughts on RAM 1500 class action alleges vehicles have water intrusion defect" and 38 suits rising to class action status.

Maybe you should get your eyes checked?
This is what I see when I click on his link, 613 now.

 

[BowDown]

Maybe you should get your eyes checked?
This is what I see when I click on his link, 613 now.
View attachment 161450

Maybe you should learn to comprehend what you're reading?
"I don't see" as in I doubt 600+ "thoughts on RAM 1500 class action alleges vehicles have water intrusion defect" and 38 actual suits merits or fulfills the qualifications for a class action suit.