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US prepares to sue Fiat Chrysler over diesel emissions testing

NEW YORK - The Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV over excess diesel emissions as early as this week if no agreement is reached with the Italian-American automaker, two sources briefed on the matter said on Wednesday. The Environmental Protection Agency in January accused FCA of illegally using undisclosed software to allow excess diesel emissions in about 104,000 cars and SUVs, the result of a probe that stemmed from regulators' investigation of rival Volkswagen AG. The EPA and California Air Resources Board have been in talks with FCA about the excess emissions and whether the agencies would approve the sale of 2017 FCA diesel models. A federal judge in California has set a May 24 hearing on a series of lawsuits filed by owners of vehicles against Fiat Chrysler and the Justice Department is expected to file its action by then if no agreement is reached. FCA said on Wednesday it believed that any litigation would be "counterproductive" to ongoing discussions with the EPA and California Air Resources Board. The company added that "in the case of any litigation, FCA US will defend itself vigorously, particularly against any claims that the company deliberately installed defeat devices to cheat U.S. emissions tests." The Justice Department took the same procedural step in early 2016 against Volkswagen, nearly four months after the German company admitted using software to emit excess diesel emissions in nearly 500,000 vehicles. The Justice Department has had an ongoing criminal investigation into FCA's conduct since last year, Reuters reported in January. The probe has turned up internal emails written in Italian and other documents about engine development and emissions issues, sources briefed on the probe said. U.S. regulators said FCA failed to disclose engine management software in 104,000 U.S. 2014-2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0-liter diesel engines. The European Commission has launched legal action against Italy for failing to respond to allegations of emission-test cheating by Fiat Chrysler in a procedure that could lead to the country being taken to court. The EPA has said the maximum possible fine against FCA could be $4.6 billion. In February, FCA said it had received requests for information and subpoenas from U.S. federal and state authorities, including the Securities and Exchange Commission, for diesel issues.

FCA to pay buyers $1,700 to swap out of scandal-mired VWs

FCA is trying to gain some sales from arch-rival VW in the competitive European market by offering potential buyers in Italy up to $1,700 to swap into an FCA group car. While the promotion isn't specifically targeted at TDI owners affected by the emissions scandal, it is clearly intended to turn dissatisfaction with VW's defeat device cheat into additional sales, Bloomberg reports. The 500-1,500 euro incentive (roughly $560-1,700, depending on vehicle) stacks on top of any other rebates or deals applicable, and applies if a buyer brings in any of Volkswagen Group's cars – including Audi, Skoda, and SEAT, among (many) others. As Bloomberg notes, it's normal for automakers to offer "conquest" deals – giving a buyer cash for trading in a competitor's vehicle. Those deals aren't usually limited to one company's products, however; FCA's program looks specifically to take advantage of VW's legal and public relations nightmare. FCA isn't the only automaker trying this trick in Italy. Automotive News Europe also reported that Ford is offering approximately $840 in incentives across its entire range to owners of VW vehicles seeking to trade in for a Ford. No word of yet as to whether these incentives will spread beyond Italy or to other automakers.Related Video:

Volkswagen and Porsche recall Touareg and Cayenne

The Basics: Volkswagen and Porsche will recall about 800,000 units worldwide of the 2011-2016 Touareg and Cayenne, according to Reuters. Of these, there are 88,300 Cayennes and 46,700 Touaregs in the US. The Problem: A securing clip on the brake pedal hinge could be missing. This can cause the pedal pivot pin to move, and "the pedal could lose guidance," according to Volkswagen's statement. Over time, the problem might cause the pedal hinge to fracture, which could make it impossible to activate the brakes. Injuries/Deaths: Porsche's statement says, "this is a purely precautionary measure, as there have been no reports of accidents or injuries as a result of this concern." Volkswagen's statement reports, "no incidents have occurred in the US to date. However, single events have been reported overseas." The Fix: Dealers will inspect the clip and reinstall it if necessary. If you own one: Porsche says it discovered the problem during internal inspections. Related Video: PORSCHE EXAMINES CAYENNE MODELS AS A PREVENTATIVE MEASURE Inspection of pedal hinge clip Atlanta, Georgia. Voluntary safety recall: Porsche is conducting an examination of 409,477 Cayenne models worldwide from model years 2011 to 2016 for a precautionary inspection, of which 88,300 are in the United States and 10,370 are in Canada. The reason for this is a clip may have become dislodged from the pedal bracket. We are implementing a voluntary recall to inspect all Cayenne vehicles built during that period to ensure the clip is present and to re-install it if necessary. The problem was identified during internal inspections and remedied in production. This is a purely precautionary measure, as there have been no reports of accidents or injuries as a result of this concern. ### Volkswagen Statement Volkswagen has notified NHTSA of an upcoming voluntary safety recall affecting approximately 46,700 Volkswagen Touareg vehicles from the 2011-2016 model years. In rare cases, a securing clip at the brake pedal hinge may be missing. If the clip is missing, the pedal pivot pin could start to move and the pedal could lose guidance. If this remains undiscovered, the pedal hinge could fracture after continued operation, allowing the pedal to dislodge. A customer may not be able to properly actuate the brakes with a dislodged brake pedal. A non-functional brake or reduced braking power could result in a crash. No incidents have occurred in the U.S. to date.