Emissions Software Updates

“What is an Emissions Software Update?”

Many people have asked themselves that question after receiving a notification from their dealership or their vehicle manufacturer alerting them about an emissions software update or recall. All too often, these notices are dressed up as a ‘critical update’ or vehicle maintenance issue when they are anything but. Instead, an emissions software update - most often in response to a governmental settlement - is a major modification to your vehicle. It’s important to understand what this means before you find yourself looking at an explanation of the work that has been done to your vehicle. 

There can be major implications for your car or truck based upon the programming involved in an emissions software update. Our firm has seen that the larger the programming issue at the heart of the emissions scandal, the more work needed to ‘fix’ it. When the manufacturer is trying to make a vehicle comply with governmental standards, they need to undo the coding involved as well as ensure the vehicle’s performance is compliant.

Where the engine was previously able to make larger explosions and use less fuel to receive more miles per gallon, now it has to do more with less. That’s the basics of emissions restrictions: in exchange for releasing less Nitrogen Oxide (NOx), a reduction in performance is almost guaranteed. An emissions scandal unfolds when a vehicle that was able to achieve better performance as a result of concealing its true emissions is under inspection and scrutiny for how it complies with government standards.

To better explain why an emissions software update can be so harmful to vehicle performance, it is important to understand exactly what a defeat device does. A defeat device is the name for the coding and/or use of specific parts on a vehicle to conceal emissions in exchange for improved performance. A common misconception about defeat devices is that they improve performance on the road once they are active. This is not the case with modern defeat devices. Instead, the defeat device only is active or impactful when a vehicle is being tested for emissions. Since modern emissions testing is done in laboratories using treadmill-like devices, called dynamometers, auto manufacturers have been able to program vehicles to recognize that they are being tested and adjust emissions to meet requirements.

An emissions software update is not the equivalent of a quick update of an app on your phone or the “Systems Update” on your computer. Instead, it can be a critical change to your vehicle’s operations that impacts its performance, resale value, and other critical elements. The software update is a crucial matter of focus when an emissions scandal erupts, in addition to your ability to continue getting good mileage without a problem. In facing a class settlement and vehicle recall, your vehicle’s future performance (and your satisfaction with it) is crucial. Our firm’s focus is to help ensure that owners of vehicles at the heart of an emissions scandal are aware of and informed about the potential of any problems.

For years, Fiat Chrysler (FCA) denied allegations the EcoDiesel RAM 1500 and Jeep Grand Cherokee trucks were outside of federal emissions standards. Later, they spent a significant amount of time working on an emissions software update while contesting the charges amidst a governmental investigation. Once the company agreed to a resolution with the Department of Justice, and obtained a class action settlement regarding the issue, the main focus of the headlines became ‘how much Fiat Chrysler was being fined.’ The press largely ignored the eventual, often devastating outcome for many owners that the required emissions software update release ended up having. This unfortunately became another example of how the impact on the owners was largely ignored versus the fines the manufacturer faced. Our firm is dedicated to ensuring that owners such as these are informed and up to date on the critical information they need when they find out their vehicles have been involved in a diesel cheating scandal.

Despite being touted as a ‘fix’ without any ‘expected’ impact on performance, the emissions software update Fiat Chrysler released created widespread problems in EcoDiesel vehicles. Without going too far in detail on this particular automotive issue (you can read more by clicking here), it represents the exact issue with emissions software updates we warned owners about. Owners who had their vehicles updated have since posted their frustration about their vehicle issues on EcoDiesel forums:

• Reduced MPGs from a wide range of owners

• Potentially faulty/incorrect dashboard display readings, A/C shorts and error codes

• Filters clogging at extreme rates

• Reduced performance

• Sluggish acceleration/lag/non-starting and other safety concerns

• Sensor issues and complete engine failure

• Reduced resale value

Owners of EcoDiesel vehicles who had an emissions software update were told that the issues they experienced as a result were 'not expected.' The emissions update was billed as borderline routine maintenance versus a vehicle-impacting modification that would have a residual impact on the truck’s operation. Still, problems arose for many owners who had their vehicle serviced and software upgraded. Despite these issues, owners of EcoDiesel vehicles were bound by class settlement terms that largely required catastrophic failure in order to be eligible for a buyback.

Our firm has assisted countless owners who have requested advice concerning opting out of class actions due to the problems they faced or when they discovered the reality of their truck’s trade-in value. We help our clients, who have opted out of a class settlement, to obtain a buyback and damages by pursing individual claims. 

Not every class settlement is bad. In fact, there is the potential for an emissions software update to be effective when the issue is a relatively small one. However, Stern Law believes owners should be fully aware of the history of issues associated with emissions software updates and how they can impact vehicle performance. With that information, individuals facing a class action settlement can decide for themselves if a settlement involving limited cash payments and the need to update their vehicle’s emissions is valid, or if they believe they are entitled to additional compensation.