PHILADELPHIA – A plaintiff alleges Fiat Chrysler Automobiles violated federal and state commerce laws when it sold him a new Dodge Ram truck which was not repaired after four tries.
Michael Scott Lutchkus of Boyertown filed suit in the Philadelphia County Court of Common Pleas on Oct. 30 versus FCA US, LLC of Auburn Hills, Mich.
On Dec. 20, 2014, the plaintiffs leased a new 2015 Dodge Ram 2500, manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania, the suit says. The price of the vehicle was in excess of $47,160.36, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law, the suit says.
Lutchkus says he was provided a three-year, 36,000-mile warranty for the Ram, but soon learned the vehicle had mechanical difficulties, such as a clicking noise from the ignition switch when turning the vehicle off, a message displaying “vehicle is not in park," a squeaking noise from the rear of the vehicle, the transmission being stuck in fourth gear, all dashboard lights illuminating while driving and the check engine light illuminating.
Lutchkus added the defendant’s authorized dealer made four repair attempts to comply with its warranty and correct the long list of aforementioned defects, but the attempts proved unsuccessful.
For alleged violation of the Magnuson-Moss Warranty Improvement Act and violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages up to three times the purchase price of the subject vehicle, collateral charges, incidental, consequential and treble damages, attorney’s fees and court costs, not in excess of $50,000.
The plaintiff is represented by Robert M. Silverman of Kimmel & Silverman, in Ambler.
Philadelphia County Court of Common Pleas case 171003676
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com