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Fiat Chrysler Is Being Sued Over a Software Flaw (ieee.org)

"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.

30 comments

  1. Now, apply to Microsoft Windows by Anonymous Coward · · Score: 0

    Now, apply this to Microsoft Windows (and other software) where defective or poorly designed software allows all kinds of malicious behavior (viruses and malware) causing the user real time and money and loss to recover from.

    1. Re:Now, apply to Microsoft Windows by Anonymous Coward · · Score: 0

      Hey retard, the OS rarely fails, its usually the apps that have the problems.

      And if you want to hold MS liable, then also Red Hat, Debian, Mozilla, the EFF anyone with two nickles to rub together will be sued over buggy software.

      Remember for a decade sendmail and BIND were the easiest ways to exploit ANY unix box.

      Also, you're an idiot.

  2. Only read the summary, but by bobstreo · · Score: 1

    wouldn't it make sense to subpoena Fiat Crysler's records?

    IANAL

    Who knows what FC knew and covered up?

    1. Re: Only read the summary, but by Anonymous Coward · · Score: 0

      It is not a criminal case.

    2. Re: Only read the summary, but by bobstreo · · Score: 1

      There os such a thing as a Civil Subpoena

    3. Re: Only read the summary, but by Anonymous Coward · · Score: 0

      Lololol

    4. Re: Only read the summary, but by Anonymous Coward · · Score: 0

      Can't get a civil subpoena before the court agrees you can sue. Since the court just agreed this could go forward, there couldn't possibly have been a civil subpoena before now. Maybe one's coming, maybe not! Stay tuned to this channel to find out more!

  3. There are also problems with Nissan 2.5L by Anonymous Coward · · Score: 1

    All 2.5L 4 cylinders engines without the EGR also fail because of the eroding bits of the Pre-Cats similar to sand get sucked back into the cylinders and damage the engine.

    There isn't a 2.5L 4 cylinder engine recently made by Nissan that will make it past 80,000 miles, without being damaged. And if driven farther, a complete failure of the engine. Nissans solution is to reprogram the ECU to ignore the O2 sensor failure and not turn on the Check Engine light so it makes it to the 100,000 mile mark before complete failure of the engine. Then it is the consumers problem and the lies at the dealer start.

    Toyota has this same problem, but fixed it by adding the EGR and replacing the faulty engine design. I say good for Toyota.

    1. Re:There are also problems with Nissan 2.5L by ArylAkamov · · Score: 1

      How does it get sucked back in if there isn't EGR? exhaust valves still open during intake stroke?

    2. Re:There are also problems with Nissan 2.5L by ixidor · · Score: 1

      does this apply to smaller engine, 1.6L v4?

    3. Re:There are also problems with Nissan 2.5L by Anonymous Coward · · Score: 0

      There is usually a small degree of overlap in the intake/exhaust valve timing. This allows the escaping gas to create a suction and help draw a new air into the cylinder.

      The bigger issue is that the EGR takes exhaust gas from the headers, which is pretty far from any cat converter. No, there is never enough EGR pressure to fully reverse the flow of air that far down the exhaust... remember all the other cylinders are also exhausting into the pipes.

      Thread parent is an idiot.

    4. Re:There are also problems with Nissan 2.5L by drinkypoo · · Score: 1

      The bigger issue is that the EGR takes exhaust gas from the headers, which is pretty far from any cat converter

      Wrong. Lots of cars have a "pre-catalyst" attached directly to the exhaust manifold, including the later-model (40V) Audi A8 D2. ("Headers" are tubular exhaust manifolds, which you will rarely see on a modern vehicle, even one designed for performance. For example, my 32V D2 A8 has cast stainless Tri-Y manifolds, though amusingly a header is shown in the parts diagram.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:There are also problems with Nissan 2.5L by Anonymous Coward · · Score: 0

      Fiat Chrysler doesn't make V4 engines. Hardly anyone does.

  4. A Little Early by tgeek · · Score: 1

    I guess Fiat really is changing Chrysler. Normally it takes 3-4 years for defects like this to surface in a Chrysler - about the time your car note is so upside down it looks a trailer for the Poseidon Adventure.

  5. Why waste time here? by 140Mandak262Jamuna · · Score: 1

    Flaws problems issues of cars deserve coverage only for Tesla.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re: Why waste time here? by Anonymous Coward · · Score: 0

      But they're usually swept under the rug if it concerns Tesla. If they make it to Slashdot, the fanboys will explain how it's actually a feature and how every other car brand will copy it.

    2. Re: Why waste time here? by niittyniemi · · Score: 2

      If they make it to Slashdot, the fanboys will explain how it's actually a feature and how every other car brand will copy it.

      I'm not sure how the fanbois managed to explain away Tesla's recent problem with the software for the braking system on the model 3 as a feature.

      Oh yes, now I remember:

      They focused on how "brilliant" it was that Tesla could write a patch for the faulty software and apply it 'over the air' in a couple of days.

      They ignored the fact that Tesla had managed to release software for a critical subsystem of their cars, the brakes, into production which had bugs which significantly impaired it's performance. Seemingly, a fairly trivial bug as they managed to test and apply the patch in a couple of days.

      I suspect that if that happened with any other car maker, the NTSB would have instructed that their cars be removed from the road immediately and not allowed back on the road until the maker (or subcontractor) had demonstrated the safety of their software and it's development.

      --
      The Machine stops.
    3. Re: Why waste time here? by drinkypoo · · Score: 1

      They ignored the fact that Tesla had managed to release software for a critical subsystem of their cars, the brakes, into production which had bugs which significantly impaired it's performance. Seemingly, a fairly trivial bug as they managed to test and apply the patch in a couple of days.

      This is pure speculation. You don't know there was a bug. The difference could be explained entirely by tuning. They made the stopping distance longer because sometimes when it was shorter, the car would shudder (or similar) during panic stops and they felt that would affect customer confidence.

      Or, you know, maybe there was a bug. But you're going to have to provide a citation for that.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re: Why waste time here? by 140Mandak262Jamuna · · Score: 1
      I suspect that if that happened with any other car maker, the NTSB would have ...

      You suddenly seem to have found great confidence in NTHSB's competence. You are over estimating powers of NTHSB to force automakers to do anything. The threshold required to force a recall is pretty high. The automakers have huge lobby operations and even before NTHSB starts the prelim investigation a friendly senator or a congressman will make sure the investigation is handled by "proper and trustworthy" officials. Forced recalls happen despite, not because of, NTHSB.

      Strange thing is, most anti-Tesla crowd would sing "government overreach", "Washington bureaucrats" and "onerous job-killing regulation regime" most of the time. Now they want the same government to shut Tesla down.

      You are also making an assumption other automakers are shipping vehicles with bug free code. Steve Wozniak posted in Slashdot how he crashed the cruise control of Prius. Set the cruise to some speed like 70 mph. Then use the up tap to raise the speed by 1 mph. Repeat, 78, 79, 80 works fine. Up tap from 80 mph to 81 mph, breaks the code and opens the throttle wide open. Cancel and brake still worked. He repeated it many times and speculated some loop control issue. We were following up with great disappointment Steve did not also publish the patch code ;-)

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    5. Re: Why waste time here? by Anonymous Coward · · Score: 0

      It’s even worse. Tesla’s shit auto pilot software already murdered 3 people.

    6. Re: Why waste time here? by DRJlaw · · Score: 1

      They ignored the fact that Tesla had managed to release software for a critical subsystem of their cars, the brakes, into production which had bugs which significantly impaired it's performance. Seemingly, a fairly trivial bug as they managed to test and apply the patch in a couple of days.

      This is pure speculation.

      Hardly. The performance impairment was well documented by CR and admitted by Tesla. Therefore this is not "pure" speculation.

      You don't know there was a bug.

      He knows that there was a "fix", which means there was error.

      The difference could be explained entirely by tuning.

      Unintentional bug or intentional defect is really beside the point. It was a bug/error that had to be fixed.

      They made the stopping distance longer because sometimes when it was shorter, the car would shudder (or similar) during panic stops and they felt that would affect customer confidence.

      Label something as "pure" speculation, then engage in even more speculative speculation. Hypocrite with a bullshit excuse -- the customer's confidence will be affected by slamming into another object at speed. Forget shuddering, you stop AS QUICKLY IN AS LITTLE DISTANCE AS POSSIBLE DURING PANIC STOPS.

      Or, you know, maybe there was a bug. But you're going to have to provide a citation for that.

      Screw you. The real world is not limited by Wikipedia rules. CR documented it, Musk admitted it, a fix was deployed, and no amount of Wikirules-lawyering can change the fact that any legacy automaker's testing facility would catch the fact that engaging in more than one panic stop in a session would cause braking distance to increase by 20+%. You don't run non-destructive tests "just once."

    7. Re: Why waste time here? by niittyniemi · · Score: 1

      This is pure speculation. You don't know there was a bug. The difference could be explained entirely by tuning.

      You've been posting to /. for a long time but I don't ever remember you declaring your expertise at dancing on the head of a pin before. Thanks also for sharing that you are a committed Tesla/Musk fanbois and are prepared to suspend any grasp of logic when it comes to defending that crooked outfit.

      You might want to consider that when the 'House of Musk' comes tumbling down within the next year, your name is now forever associated with defending them and their criminal behavior. I hope it was worth it.

      --
      The Machine stops.
  6. fix it again tony! by Joe_Dragon · · Score: 1

    fix it again tony!

    1. Re:fix it again tony! by PolygamousRanchKid+ · · Score: 1

      fix it again tony!

      In Fiatian Chrysler, Tony Soprano fixes you!

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    2. Re:fix it again tony! by Anonymous Coward · · Score: 0

      I prefer "Failure is a Tradition"

  7. No good deeds go unpunished by Urinal+Pube · · Score: 1

    This will just teach them not to issue TSBs for known issues, in order to protect themselves better next time.

  8. Chrysler minivan by rfengr · · Score: 1

    Who the hell would buy a Chrysler minivan to begin with? I know three guys who had those things. They were constantly in the shop. Total pieces of shit. Buy a Honda or Toyota.

    1. Re: Chrysler minivan by Anonymous Coward · · Score: 0

      Pacifica is the only hybrid minivan in the market in the US today, it's also still eligible for fed and state green incentives, so you can get $10K+ off the price in addition to whatever incentives Chrysler is willing to give you in terms of rebates or financing.

      Most people I know with Chrysler minivans are leasing because they know after 40K it's a money pit, and significantly drops in value as it ages. Apparently Chrysler has upped their game to make it unreliable before 40K.

      I don't blame them for wanting this buried, most minivans are carrying kids, last thing you want is to have it stalling out. Last car I had that would stall was made in 1977, and even then it was at least predictable.