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Analysts wary over FCA lawsuit but say emissions not as bad as VW

MILAN - Any potential fines Fiat Chrysler (FCA) may need to pay to settle a US civil lawsuit over diesel emissions will unlikely top $1 billion, analysts said, adding the case appeared less serious than at larger rival Volkswagen. The US government filed a civil lawsuit on Tuesday accusing FCA of illegally using software to bypass emission controls in 104,000 vehicles sold since 2014, which it said led to higher than allowable levels of nitrogen oxide (NOx) that are blamed for respiratory illnesses. FCA's shares dropped 16 percent in January when the U.S. Environmental Protection Agency (EPA) first raised the accusations, adding the carmaker could face a maximum fine of about $4.6 billion. The stock has been under pressure since. Volkswagen agreed to spend up to $25 billion in the United States to address claims from owners, environmental regulators, U.S. states and dealers. FCA, which sits on net debt of 5.1 billion euros ($5.70 billion), lacks VW's cash pile but analysts said its case looked much less severe. While VW admitted to intentionally cheating, Fiat Chrysler denies any wrongdoing. Authorities will have to prove that FCA's software constitutes a so-called "defeat device" and that it was fitted in the vehicles purposefully to bypass emission controls. Even if found guilty, the number of FCA vehicles targeted by the lawsuit is less than a fifth of those in the VW case. Applying calculations used in the German settlement, analysts estimate potential civil and criminal charges for Fiat Chrysler of around $800 million at most. Barclays has already cut its target price on the stock to take such a figure into account. Analysts also noted that FCA's vehicles are equipped with selective catalytic reduction (SCR) systems for cutting NOx emissions, so it is likely that any problem could be fixed through a software update. "Should this be the case, we estimate a total cost per vehicle of not more than around $100, i.e. around $10 million in aggregate," Evercore ISI analyst George Galliers said in a note. The estimates exclude any additional investments FCA may be asked to make in zero emissions vehicles infrastructure and awareness as was the case with VW. FCA said last week it would update the software in the vehicles in question, hoping it would alleviate the regulators' concern, but analysts said it may have been too little too late. The carmaker is also facing accusations over its diesel emissions in Europe.

NHTSA, IIHS, and 20 automakers to make auto braking standard by 2022

The National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety and virtually every automaker in the US domestic market have announced a pact to make automatic emergency braking standard by 2022. Here's the full rundown of companies involved: BMW, Fiat Chrysler Automobiles, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Kia, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Subaru, Tesla, Toyota, Volkswagen, and Volvo (not to mention the brands that fall under each automaker's respective umbrella). Like we reported yesterday, AEB will be as ubiquitous in the future as traction and stability control are today. But the thing to note here is that this is not a governmental mandate. It's truly an agreement between automakers and the government, a fact that NHTSA claims will lead to widespread adoption three years sooner than a formal rule. That fact in itself should prevent up to 28,000 crashes and 12,000 injuries. The agreement will come into effect in two waves. For the majority of vehicles on the road – those with gross vehicle weights below 8,500 pounds – AEB will need to be standard equipment by September 1, 2022. Vehicles between 8,501 and 10,000 pounds will have an extra three years to offer AEB. "It's an exciting time for vehicle safety. By proactively making emergency braking systems standard equipment on their vehicles, these 20 automakers will help prevent thousands of crashes and save lives," said Secretary of Transportation Anthony Foxx said in an official statement. "It's a win for safety and a win for consumers." Read on for the official press release from NHTSA. Related Video: U.S. DOT and IIHS announce historic commitment of 20 automakers to make automatic emergency braking standard on new vehicles McLEAN, Va. – The U.S. Department of Transportation's National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety announced today a historic commitment by 20 automakers representing more than 99 percent of the U.S. auto market to make automatic emergency braking a standard feature on virtually all new cars no later than NHTSA's 2022 reporting year, which begins Sept 1, 2022. Automakers making the commitment are Audi, BMW, FCA US LLC, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Kia, Maserati, Mazda, Mercedes-Benz, Mitsubishi Motors, Nissan, Porsche, Subaru, Tesla Motors Inc., Toyota, Volkswagen and Volvo Car USA.

GM being sued over imploding Bosch fuel pumps in Duramax diesel trucks

Texas-based law firm Hilliard Martinez Gonzalez (HMG) this week filed a class-action lawsuit against General Motors over an alleged issue with Bosch CP4 fuel pumps. The suit claims Bosch designed the CP4 pump to work with European diesel fuel, which is thicker than U.S. diesel. When GM installed that pump in the 6.6-liter Duramax engine used from the 2011 to 2016 model years, the lawsuit claims the thinner U.S. fuel didn't provide enough lubrication, allowing air pockets to form in the fuel pump. That, in turn, allegedly let metal rub against metal inside the pump, causing the pump to eventually disintegrate and "send thousands of metal shards into the fuel injection system and every part of the engine." The Detroit News reported on the most recent lawsuit filed in Michigan's Eastern District Court, but the case is another piece of nationwide legal maneuvering going on since at least last September. Every U.S. truck maker used the Bosch CP4 fuel pump, and HMG originally went after all of them, as well as Bosch. On September 30, 2018, HMG filed a class-action suit in Texas on behalf of eight plaintiffs. The law firm wanted to prosecute the affair under RICO — the Racketeer Influenced and Corrupt Organizations Act — and named 10 defendants: FCA US LLC, FCA North America Holdings, LLC, F/K/A Chrysler Group, Fiat Chrysler Automobiles, N.V., Ford Motor Company, General Motors LLC, Robert Bosch GmbH, Robert Bosch LLC, VM North America, Inc., and VM Motori S.P.A.  The firm filed another suit in Florida on Nov. 2, 2018, against the same 10 defendants, again under the RICO statute, this time on behalf of more than 30 plaintiffs. We don't know how many other suits might have been filed, but the two suits mentioned apparently didn't have legs — the courts dismissed both quickly. So HMG shifted its strategy away from the RICO angle, and focused its efforts on GM, filing suit in California on Nov. 20, 2018. Instead of trying to catch 10 fish with a small net, HMG wants to score one fish with a big net. The results have borne more promise for the plaintiffs. In July this year, a judge in California denied GM's motion to dismiss, noting "the alleged defect is central to the vehicleÂ’s function." This latest suit filed on Aug. 6 in Detroit singles out GM again.  The Bosch CP4 is known to be problematic, however.