For general information about the Consumer Arbitration Program for FCA US 2017-2021 Chrysler Pacificas please see the Rules here: https://www.consumerarbitrationprogram.com/chrysler.

DeMars & Associates, Ltd. (DeMars”) administers the Program through its process known as the Consumer Arbitration Program for Motor Vehicles (CAP-Motors).

CAP-Motors is responsible for the overall administration of the Program, including collecting necessary documents, facilitating pre-arbitration chrysler pacifica efforts, and, when needed, scheduling the arbitration hearing and providing you with an impartial, qualified Arbitrator.

CAP-Motors does not decide cases. CAP-Motors provides a forum for hearing and resolving your dispute using an impartial Arbitrator.

You can file a claim directly on the website: consumerarbitrationprogram.com/chrysler/submit-claim or mail your completed application along with your documentation to:

CAP-Motors
P.O. Box 1015 
Hurst, TX  76053

If you do not have an application form you can:

• Download it from the website at consumerarbitrationprogram.com/chrysler/documents
• Call 800.279.5343 and ask for an application to be mailed to you.

The Program fees, including the Arbitrator’s fees, are paid by FCA. However, if you appeal the Arbitrator’s decision, you will be responsible for any fees associated with your appeal. However, if you succeed on appeal, FCA will refund those fees.

Program fees, including the Arbitrator’s fees, are paid by FCA. If you appeal the Arbitrator’s decision, you will be responsible for any fees associated with your appeal. However, if you succeed on appeal, FCA will refund those fees.

In order to protect the independence of the Arbitrator the parties are prohibited from calling, emailing or engaging in any direct communication with the Arbitrator outside of the arbitration hearing. Please contact the Administration office at 800.279.5343 or email [email protected] for assistance with any questions or concerns.

The parties are prohibited from calling the Arbitrator or any employee or agent of CAP-Motors as a witness or expert in any proceeding involving the parties related to a dispute subject to this Program. Further, no party can subpoena any notes or other materials generated by the Arbitrator.

The parties are prohibited from calling the Arbitrator or any employee or agent of CAP-Motors as a witness or expert in any proceeding involving the parties related to a dispute subject to this Program. Further, no party can subpoena any notes or other materials generated by the Arbitrator.

In most cases the arbitration hearing of an eligible consumer claim takes place within thirty days from the date CAP-Motors receives a claim.

The hearing date can be extended in any of the following circumstances:

1. For ten days if you have not attempted to seek resolution directly from FCA;
2. If the delay is due to your failure to promptly provide your:
   1. Name,
   2. Address,
   3. Vehicle make and model information,
   4. Vehicle identification number, (VIN) or
   5. A statement summarizing the defect or concern being reported;
3. For a period not to exceed thirty days to give CAP-Motors the opportunity to respond
   to an Arbitrator’s request for additional information, including an independent
   vehicle inspection by an Automotive Service Excellence (ASE) certified technician.

In order to qualify for the Program, you must meet all of the following criteria:

1. You are a current or former owner or lessee of a new or used 2017-2021 Chrysler Pacifica equipped with a 3.6-liter V6 engine and a 9-speed automatic transmission;
2. Prior to receiving notice of the Settlement you did not file a lawsuit against FCA alleging stalling in your Class Vehicle or, if you did file such a lawsuit, you opted-in to the Settlement and dismissed your lawsuit;
3. You have not opted out of the Settlement;
4. You have not previously executed and delivered to FCA releases of claims based on stalling in your Class Vehicle;
5. At least ten (10) days prior to filing a claim for arbitration, you gave direct notice to FCA by calling 398.3420 or submitting a notice form through the Settlement Website; and
6. You seek to have FCA repurchase or replace your Class Vehicle based in whole or in part on alleged problems with stalling.

No other claims, including claims for personal injury or collision damage, are eligible for arbitration.

These are the rules the Arbitrator must follow to resolve your claims in the Class chrysler pacifica.

Please read General Information at https://consumerarbitrationprogram.com/chrysler.

Most states have “lemon laws” that require manufacturers to repurchase or replace a vehicle if it malfunctions or fails, and a manufacturer is unable to repair it within a reasonable time or within a reasonable number of repair attempts.

You may submit a claim seeking repurchase up to five (5) years after delivery of your vehicle to the first retail customer or 180 days after the Effective Date of the Settlement, whichever is later. Under the Program, claims submitted to arbitration should ordinarily be resolved within 30-60 days.

You must submit proof that you owned your vehicle at all relevant times. In addition, you must submit repairs orders or other documentation sufficient, at the discretion of the Arbitrator, to support your claims.

If prior to the Effective Date of the Settlement, you were denied an arbitration claim under any other arbitration program, such as the Better Business Bureau (“BBB”) Auto Line, you may nevertheless submit a claim under this Program.

If your claim for repurchase was denied under this Program but you have subsequently incurred another incident of stalling, you are eligible for a second arbitration at no cost to you.

If your claim for repurchase was denied under this Program but you have subsequently incurred another incident of stalling, you are eligible for a second arbitration at no cost to you.

You may appeal the Arbitrator’s decision within thirty (30) days of that decision, but you are responsible for the fee for the appeal. If you prevail on the appeal, FCA will reimburse the fee. The appeal will be determined by a neutral third party assigned through JAMS (Judicial Arbitration and Mediation Service). Information about how to file an appeal and the cost of the appeal will be provided with the Arbitrator’s decision.  The Arbitration Claimant seeking appeal must advance the entire cost of the appeal proceeding as set by the Appellate Arbitration Administrator. If the Arbitration Claimant prevails on appeal, FCA shall reimburse all fees and costs charged by the Appellate Arbitration Administrator. The Arbitration Claimant shall not be entitled to reimbursement of fees and costs if FCA prevails on appeal. No other appeals or requests for judicial review shall be allowed.

You may obtain reimbursement if, while you owned or leased the Class Vehicle, you paid out of pocket for a crankshaft position sensor replacement and/or repair more than five (5) years before the Effective Date, and if your vehicle had been driven 60,000 miles or fewer on the date of the crankshaft position sensor replacement and/or repair.

Those qualifying parts are as follows: 68079375AC. Please review your repair orders to match the part replaced and be aware that your invoices may have a prefix and/or suffix surrounding the base part numbers identified above.

To begin arbitration, you must submit the appropriate forms to CAP-Motors. The forms are available from CAP-Motors at www.consumerarbitrationprogram.com/chrysler/documents or on the Settlement Website. You may also call 800.279.5343 and request a form be sent to you.

When CAP-Motors receives your forms, CAP-Motors will assign a case number and set a date for a document review to determine eligibility. This review is for eligibility only. It is not a hearing on the merits of the case. The document review will take place unless CAP-Motors is notified that a settlement agreement has been reached between you and FCA.

If your claim is initially deemed ineligible because it does not meet the Program’s criteria CAP-Motors will notify you in writing. If you believe the initial ineligibility determination was made in error, an Arbitrator will consider a written appeal if your application and supporting appeal documents are received within thirty days from the date of the ineligible notice letter.

When you file your forms you will be asked if you prefer:

1. A review of documents only, with no oral presentations
2. An online hearing with oral presentations provided via a Zoom scheduled meeting
3. A telephone conference hearing with oral presentations; or
4. An in-person hearing.

You may change your decision regarding your preferred meeting type at any time, but at least two weeks’ notice is required to facilitate the scheduling of an in-person hearing.

CAP-Motors provides the parties with the following information:

1. the identity and qualifications of the assigned Arbitrator;
2. the scheduled arbitration hearing date, time, process and location;
3. a notice that if one party fails to appear at the agreed upon time, process and place, the presentation by the other party may still be allowed;
4. a request to the consumer that the vehicle be brought to the in-person arbitration hearing for an inspection by the Arbitrator along with proof of current liability and collision insurance. No inspection is available in a documents-only review and a conference call, but you may submit photos and videos. In a Zoom hearing, the Arbitrator may request that you make a video or photo presentation at the time of the hearing.
5. the applicable Program forms.
6. all of the information in the case file, which will be sent about one week prior to the arbitration hearing.

Each party is required to complete a Pre-Arbitration Hearing Information Form (“Form”) and send it to CAP-Motors. The Form requests information necessary to resolve the dispute such as:

a) whether you will be represented by an attorney;

b) whether you will be using a representative or an interpreter;

c) any change or additional information to your written statement regarding the alleged defect or other complaint being reported;

d) any change, rebuttal or additional information to FCA’s written summary of its position;

e) any witnesses to be called by a party;

f) any documents that you want the Arbitrator to review that have not already been included;

g) whether a party wants the Arbitrator to inspect or test-drive the vehicle at an in-person hearing, or wants to request an independent vehicle inspection by an ASE certified mechanic;

h) if a test drive is requested, proof of insurance coverage on the vehicle; and

i) completed usage calculation worksheet.

CAP-Motors must receive the signed Form from each party at least seven days prior to the arbitration hearing. If the Form is not received by the deadline, the hearing will still take place and the Arbitrator will take into consideration the fact that the Form was not received.

The parties must provide a written list of witnesses, other than rebuttal witnesses, at least five days prior to the arbitration hearing.

Except for rebuttal evidence, any document not attached to the Form, or otherwise supplied to CAP-Motors at least seven days prior to the arbitration hearing, may be excluded from evidence.

 

The Arbitrator makes this decision. The Arbitrator’s decision is final.

A single Arbitrator will be assigned by CAP- Motors to hear and decide the arbitration dispute. At least five days prior to the hearing CAP-Motors will provide the Arbitrator with all relevant documents that have been submitted to CAP- Motors by the parties before the arbitration hearing.

A person appointed as an Arbitrator shall disclose to CAP-Motors any circumstance likely to affect his or her impartiality. This may include any bias or any financial or personal interest in the result of the arbitration. This may also include any past or present relationship with the parties or their representatives. If this information is received from the Arbitrator or another source, CAP-Motors shall communicate the information to the parties and the Arbitrator. If a party objects to the assigned Arbitrator, it must send a letter stating the objection, and the reason for the objection,
within seven days from the date of the letter or email assigning the Arbitrator. If CAP-Motors receives a written objection about the assigned Arbitrator, CAP-Motors shall determine whether the Arbitrator should be disqualified and shall inform the parties of its decision. This decision shall be final and binding.

A person appointed as an Arbitrator shall disclose to CAP-Motors any circumstance likely to affect his or her impartiality. This may include any bias or any financial or personal interest in the result of the arbitration. This may also include any past or present relationship with the parties or their representatives. If this information is received from the Arbitrator or another source, CAP-Motors shall communicate the information to the parties and the Arbitrator. If a party objects to the assigned Arbitrator, it must send a letter stating the objection, and the reason for the objection, within seven days from the date of the letter assigning the Arbitrator. If CAP-Motors receives a written objection about the assigned Arbitrator, CAP-Motors shall determine whether the Arbitrator should be disqualified and shall inform the parties of its decision. This decision shall be final and binding.

If for any reason the Arbitrator becomes unwilling or unable to perform his or her duties, CAP-Motors may declare the position vacant and appoint a new Arbitrator.

CAP-Motors shall set the date, time, and place for each hearing after consulting with the Arbitrator. When the arbitration is in-person, the hearing will be held at an independent site reasonably convenient to you. You should bring the vehicle to the arbitration hearing, together with proof of current liability and collision insurance.

You may withdraw your claim up to five days prior to the arbitration hearing date. If the claim is withdrawn, the case file will be closed and notice will be submitted to CAP-Motors. If you decide to file another claim, you must contact CAP-Motors, who will determine if you are eligible to file another claim. Please review the eligibility requirements carefully before you make your decision to withdraw. Withdrawing your claim will be the same as if you had never filed it.

While it is not required, you may be represented by an attorney. You must include the attorney’s name, address, and telephone number on the Pre-Arbitration Hearing Information Form. All representatives must have chrysler pacifica authority.

The parties may provide testimony and documents related to the dispute. The parties shall provide any evidence the Arbitrator may reasonably decide is necessary to understand and decide the dispute. The Arbitrator may receive and consider the statements of witnesses by affidavit, which is a signed, written statement. The Arbitrator shall give the information the weight the Arbitrator decides is appropriate after consideration of any objection about relevancy made by the other side.

All documents submitted by the parties to CAP-Motors and to each other prior to the hearing shall be made a part of the case file, unless excluded by the Arbitrator as irrelevant or redundant.

Whenever possible, evidence is labeled and placed in the case file. The Arbitrator will include a written summary of any other evidence in the case file. All evidence included in the case file will be sent to CAP-Motors following the hearing.

Again, you should bring your vehicle to an in person arbitration hearing together with proof of current liability and collision insurance. If you feel your vehicle is not capable of being safely operated, you will need to advise CAP-Motors prior to an in-person hearing, along with an explanation. You may be requested to trailer the vehicle to the hearing at your own expense. If you prevail at the arbitration, the Arbitrator may include the costs of trailering your vehicle.

The Arbitrator may inspect your vehicle if requested by you or FCA or if the Arbitrator decides it is necessary. Additionally, at his or her discretion, the Arbitrator may test-drive the vehicle. The parties must be present for such inspection or ride, unless a party waives its right to be present. The Arbitrator will include information from the test drive in the case file. In the event the vehicle is not made available for inspection at the hearing and the Arbitrator determines an inspection is necessary, the Arbitrator may choose to delay rendering a decision in the matter for up to thirty (30) days or until such time as the vehicle is made available for inspection.

Legal rules of evidence do not apply. The Arbitrator shall judge the relevance of the evidence presented. Evidence shall be taken in the presence of all the parties. An exception will be made where a party does not attend after being notified of the date, time, and place of the hearing or has waived the right to attend. The hearing may proceed under these circumstances. All documents submitted by the parties to CAP-Motors and to each other prior to the hearing shall be made a part of the case file, unless excluded by the Arbitrator as irrelevant or redundant.

Whenever possible, evidence is labeled and placed in the case file. The Arbitrator will include a written summary of any other evidence in the case file. All evidence included in the case file will be sent to CAP-Motors following the hearing.

In order to protect the independence of the Arbitrator and the credibility of the Program there can be no direct communication between the parties and Arbitrator other than at the oral hearing, except as specifically permitted within this guide.

Any other oral or written communication from the parties to the Arbitrator should be sent to CAP-Motors. CAP-Motors will forward the communication to the Arbitrator.

Arbitration hearings shall be open to the public; however, Arbitrators may exclude anyone who is disrupting the hearing.

The Program allows for oral presentations by both parties to the dispute. Each party has the right to be present for the other party’s oral presentation. If one party fails to appear at the time set for the hearing, the Arbitrator may still allow the presentation by the other party.

Should a party fail to appear at the scheduled time, the Arbitrator, at his or her discretion, may either decide the dispute or give the absent party an opportunity to rebut any contradictory evidence or submit additional information before a decision is made. The Arbitrator has the authority to make a decision whether or not an oral presentation is made.

No. The Arbitrators work under contract with CAP-Motors.

All Program staff are employees of DeMars & Associates, Ltd., an independent company which has administered dispute settlement programs since 1988.

Additionally, FCA and CAP-Motors will take all steps necessary to ensure that the Program, the Program Staff, and Arbitrators, are sufficiently insulated from FCA, so that the decision of the Arbitrator and the performance of the Program Staff are not influenced by FCA.

All parties should come to the hearing prepared to present testimony, documents, and other evidence about the dispute. This will include information about what you are asking the Arbitrator to award. You should have readily at hand your copies of every document you have submitted to the Program and to the other side, and every document you have received from the Program and the other side.

If you have selected a documents review the decision will be made on the materials presented by you and FCA. You do not need to attend a scheduled hearing.

In you selected a Zoom, telephone conference or in person hearing, CAP-Motors will send a copy of the case file to you approximately one week before the hearing. You should have your copy of this case file available at the time of the hearing.

The Arbitrator will record a description of the exhibits, or the materials presented, the testimony presented and the results of any inspection or test drive of the vehicle.

 

The Arbitrator will open the arbitration by initiating the recording and:

• filing of the oath of the Arbitrator, via Zoom, conference call, or in-person;
• recording of the date, time, and place of the hearing;
• the name of the case; and
• the names and addresses of parties, attorneys, and witnesses present.

 

The Arbitrator may, at the beginning of the hearing, ask for statements clarifying the issues involved and condition of the vehicle.

The Arbitrator shall administer an oath or affirmation to all persons present who give testimony.

The Arbitrator will limit the oral presentation to a maximum of two hours for each side of the dispute for a total of up to four hours. The Arbitrator may extend the oral presentation time at his/her discretion.

Your Presentation:

You or your attorney will present, uninterrupted, testimony and documents to support your claim.

FCA’s representative(s) or attorney(s) will have the opportunity to question you and your witnesses about their testimony after each one testifies.

FCA’s Presentation:

FCA will then present, uninterrupted, testimony and documents supporting its defense.

You or your attorney will have the opportunity to question FCA’s witnesses about their testimony after each one testifies.

Note: The Arbitrator may question any witness at any time during the hearing.

At an in person hearing, after all testimony the Arbitrator will decide whether he/she will inspect and/or test-drive the vehicle, if the vehicle is capable of being safely operated.

At a Zoom hearing the Arbitrator may ask you if you are able to take photos of the vehicle, or you may safely record a video.

After the inspection and/or test-drive is conducted, and all persons have returned to the hearing room, the parties will have the opportunity to offer additional testimony about it on the record.

Each party shall have an opportunity to make a brief closing statement.

The Arbitrator has the discretion to vary this procedure but shall give a full and equal opportunity to all parties for the presentation of any material and relevant evidence.

If the Arbitrator directs that documents or other evidence be submitted to the Arbitrator after the arbitration hearing, this information will be filed with CAP-Motors. CAP-Motors will send the documents to the Arbitrator. The Arbitrator will set a deadline for the documents to be submitted.

In some instances the Arbitrator decides an Independent Inspection is needed. When this occurs CAP-Motors Administration will contact an ASE Technician to conduct the inspection, every effort will be made to schedule the inspection at a place that is convenient to you. The cost of this inspection will be paid by FCA. The Program allows thirty days for conducting the inspection and filing the report. Time is of the essence. You will be requested to participate in facilitating a prompt completion of the Arbitrator’s request.

The Arbitrator will specifically ask all parties whether they have any additional evidence to offer or witnesses to be heard. Upon receiving negative replies or, if satisfied that the record is complete, the Arbitrator declares the arbitration hearing closed.

The Arbitrator will render a fair decision based upon the information gathered by the Program, the information provided by the parties, and the Rules of Arbitration defined in General Information, see www.consumerarbitrationprogram.com/chrysler/program-rules.

The Arbitrator’s decision is based solely upon the case file, the documents included, the testimony presented during the hearing, and the test-drive and vehicle inspection, if any. The decision of the Arbitrator is final and binding upon both parties, unless you appeal.

Requests for rehearing are not considered by the Arbitrator, or CAP-Motors. Technical corrections may be considered, upon written request.

If the Arbitrator directs that documents or other evidence be submitted to the Arbitrator after the arbitration hearing, this information will be filed with CAP-Motors. CAP-Motors will send the documents to the Arbitrator. The Arbitrator will set a deadline for the documents to be submitted.

In some instances the Arbitrator decides an Independent Inspection is needed. When this occurs CAP-Motors Administration will contact an ASE Technician to conduct the inspection, every effort will be made to schedule the inspection at a place that is convenient to you. The cost of this inspection will be paid by FCA. The Program allows thirty days for conducting the inspection and filing the report. Time is of the essence. You will be requested to participate in facilitating a prompt completion of the Arbitrator’s request.

The parties will be mailed a copy of the Arbitrator’s decision by first class mail to the party or its attorney’s last known address. A copy of the decision letter will also be posted on the consumer portal.

Parties are entitled to receive copies of all the Program’s records related to the dispute, at a reasonable cost. Please contact CAP-Motors Administration at 800.279.5343 or [email protected] for more information.

The decision of the Arbitrator is binding on FCA once you accept it. If you reject the decision, you may appeal, but you must pay the fee for the appeal. If you prevail on the appeal, FCA will reimburse the fee. Information about how to appeal, and the required fees for an appeal, will be sent along with the Arbitrator’s decision.

The appeal will be administered by JAMS and will be determined by a neutral third party assigned by JAMS.

You will be deemed to have accepted the order unless you file an appeal, and pay the required fee within thirty days of your receipt of the Arbitrator’s decision. If you do not file an appeal, FCA must comply with the decision within thirty days of the date it receives notice that you have accepted the award. Compliance occurs on the date you receive the relief specified in the decision. Approximately ten days after the thirty days for compliance has passed, CAP-Motors will contact you to determine if the award was completed to your satisfaction.

The decision of the Arbitrator is binding on Chrysler once you accept it. If you reject the decision, you may appeal, but you must pay the fee for the appeal. If you prevail on the appeal, Chrysler will reimburse the fee. Information about how to appeal, and the required fees for an appeal, will be sent along with the Arbitrator’s decision.

The appeal will be administered by JAMS and will be determined by a neutral third party assigned by JAMS.

You will be deemed to have accepted the order unless you file an appeal, and pay the required fee within thirty days of your receipt of the Arbitrator’s decision. If you do not file an appeal, Chrysler must comply with the decision within thirty days of the date it receives notice that you have accepted the award. Compliance occurs on the date you receive the relief specified in the decision. Approximately ten days after the thirty days for compliance has passed, CAP-Motors will contact you to determine if the award was completed to your satisfaction.

If Chrysler fails to carry out a further repair award within the specified time frame, or if you assert that the further repair attempt has not resolved the concern(s), you may contact CAP-Motors to request that the Arbitrator reconsider the decision. CAP-Motors will investigate the dispute and treat it as a new dispute. However, all phases of the process will be expedited to the extent possible, and if reasonably possible, the same Arbitrator will decide the dispute.

Either party may request that the Arbitrator make a technical correction to the decision.

This action is initiated by filing a written request with CAP- Motors. CAP-Motors will send a copy of the request to all opposing parties within ten days after their receipt of the written decision. Technical corrections shall be limited to arithmetic errors, corrections of a party’s name or information regarding the vehicle, and typographical or spelling errors. Technical correction of a decision shall not extend the time for appeal or compliance by FCA. There is no fee for handling a technical correction.

Persons needing special accommodations to participate in either the Zoom or in person arbitration hearing should contact CAP-Motors no later than ten (10) days prior to the conference or hearing date. If hearing impaired, contact CAP-Motors via TTY Relay Service at 800.947.3529. An interpreter will be provided by CAP-Motors upon request at no cost to you.

The Program is subject to DeMars’ own internal audit, and review requirements, as well as specific state requirements.

DeMars’ review collects all data required by the Federal Trade Commission Part 703 Guidelines, such as:

• Average days from case open date to hearing date
• Average days form hearing date to decision mailing
• Number of decisions with an award
• Number of decisions with no award
• Number of awards completed within required timeline
• Number of awards completed beyond the required timeline
• Number of awards not completed
• Number of cases reopened with new information
• Number of awards accepted
• Number of awards rejected

For more information please contact the DeMars & Associates Process and Compliance Manager at [email protected].

Class counsel and FCA shall continue to monitor the Program and shall mutually agree on revisions to the Program and to the Arbitration Procedures, as necessary.

How do I register a complaint or ask a question?

If you have any questions or are uncertain about any part of this Program, please contact CAP-Motors:

CAP-Motors & Associates, Ltd.

P.O. Box 1015

Hurst, TX 76053.

800.279-5343

[email protected]

You may also contact Lead Class counsel:

Capstone Law APC