Following the hacking of a Jeep Cherokee during a staged experiment in 2015, Fiat Chrysler USA (FCA) recalled 1.4 million 2013-2015 vehicles. The incident also prompted the filing of a proposed class action lawsuit against FCA in an Illinois federal district court (Flynn case).
In 2015, a potential class action filed in a California federal court against Toyota, General Motors and Ford (Cahen case) claimed that their vehicles could be hacked due to computer system vulnerabilities. The court quickly dismissed the Cahen case. In December 2017, the Ninth Circuit affirmed the dismissal, calling plaintiff’s alleged risks and defects “speculative” and finding no basis of a claim for overpayment of vehicle cost.
Based on this decision, FCA is now seeking dismissal of the remaining claims in the Flynn case, arguing that a potential hack does not translates to diminished vehicle value or other monetary injury.
To review the Ninth Circuit opinion in the Cahen case, go to Cahen Opinion For an article with more details on the Flynn case, go to Flynn article. Contact us at Ossian Law P. C. contact link regarding any information technology law matter.
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