Late last week, Fiat filed a Motion to Dismiss the proposed class action against it following reports of hacking into vehicle information systems and its announcement that it was recalling 1.4 million Dodge, Ram and Jeep vehicles in order to install a software patch. The National Highway Traffic Safety Commission is investigating.
The Motion contends that the Plaintiffs’ speculative fear that there is a potential for their cars to be hacked is not enough to confer Article III standing, and hypothetical harm is not an “injury in fact” for the Plaintiffs to be able to bring suit.