A settlement has been reached in the class-action lawsuit that alleged Caterpillar’s 2007-2010 year model ACERT C13 and C15 engines were defective, driving up costs for owners and driving down resale value. Cat’s ACERT engines were introduced as the company’s alternative to exhaust-gas recirculation (EGR) to meet 2004 emissions standards.
The company’s Caterpillar Regeneration System (CRS), which consisted of a diesel particulate filter, aftertreatment regeneration device and an electronic control module, allegedly caused the engines to lose horsepower and shut down, requiring Caterpillar to repair the engines, according to the lawsuits. The lawsuits also alleged Caterpillar knew about the problems.
The $60 million settlement offers payments to current and former owners and lessees of trucks with the engines. Settlement payments can range from $500 to $10,000. Settlement class members who experienced no CRS repairs are eligible to receive $500 for each engine. Those who experienced between one and five CRS-related repairs are eligible to receive $5,000 per engine. Anyone who had six or more CRS-related repairs done to one of these engines is eligible for $10,000.
Additionally, anyone who dealt with at least one CRS-related repair has the option to seek to claim losses up to a maximum of $15,000. If this route is chosen, the class member can’t claim from the settlement.
Caterpillar has denied the allegations, but said it “endorses the settlement class as a realistic resolution of this class action.”
“Given the uncertainties and costs of continuing litigation, the proposed settlement is the best way to end the uncertainty and delay, and most importantly, will ensure fair compensation to Caterpillar customers who may not have received expected value from their product,” the company said in its motion for approval of the settlement.