AG Mayes sues Cummins and FCA for deceptive claims

PHOENIX — Attorney General Kris Mayes today filed a lawsuit against Cummins, Inc. (“Cummins”) and FCA US, LLC (“FCA”) for allegedly defrauding Arizonans by falsely advertising and selling thousands of so-called environmentally friendly, low-emission “super clean” vehicles, without disclosing to consumers that the vehicles had illegal emissions defeat devices installed in them and were not clean trucks at all. More than 23,600 Arizonans own these “super clean” Cummins and FCA trucks.
The lawsuit claims that Cummins and FCA marketed and sold diesel trucks to Arizonans as “super clean” alternatives, suggesting they were more powerful and efficient than gasoline vehicles, without the same negative environmental impact. These false advertisements and material omissions led Arizona consumers to pay a premium for these vehicles under the belief they were making an eco-friendly choice.
“Deceptive practices that harm our environment and deceive consumers will not be tolerated,” said Attorney General Mayes. “By promoting their vehicles as eco-friendly while secretly violating emissions standards, Cummins and FCA have betrayed the trust of Arizonans and violated our state’s consumer protection laws. I am committed to holding these companies accountable and ensuring that justice is served for the people of Arizona.”
Diesel vehicles are generally more expensive than gasoline vehicles but are known for being more powerful and fuel-efficient. However, diesel engines are more harmful to the environment, with higher emissions. To meet emissions regulations, compromises in power and performance are necessary.
The lawsuit alleges that the defendants used illegal defeat devices on model year 2013-2019 Dodge RAM 2500 and 3500 trucks with 6.7-liter engines to bypass EPA emissions testing, ensuring these vehicles passed the tests but did not comply with emissions standards during normal operation.
Cummins and FCA also marketed their trucks as having efficient and powerful engines with adverse environmental consequences. They falsely claimed compliance with EPA emissions requirements. In reality, due to illegal defeat devices, these vehicles were neither “clean” nor eco-friendly and did not comply with EPA emissions requirements without repairs.
These illegal defeat devices caused the vehicles to emit increased levels of nitrogen oxides (NOx). The Department of Justice estimates this resulted in thousands of tons of excess NOx emissions. NOx pollution contributes to smog formation, which is linked to respiratory and cardiovascular health issues and death.
Cummins, the engine designer and manufacturer, allegedly knew its diesel engines included these illegal defeat devices and software. They failed to disclose this when applying for Certificates of Compliance to sell these vehicles in the United States, including Arizona.
The complaint seeks injunctive relief, restitution, disgorgement, civil penalties, plus fees and costs.
If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website (https://www.azag.gov/complaints/consumer) . If you need a complaint form sent to you, contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.