Third Circuit Rejects FCA Destination Charge Class Action Revival

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Unjust Enrichment and Other Claims

The panel also rejected unjust enrichment allegations, finding that the plaintiffs did not pay FCA directly and failed to establish that FCA held any money belonging to them. Because the transactions were with dealers, the judges concluded, the plaintiffs’ contracts did not render the fee invalid or improper.

Without plausible allegations of deceptive conduct or damages, the court said, unjust enrichment and related claims could not stand.


Case Background

A federal jury never reached the merits of the claim; instead, the district court dismissed the initial complaint for insufficient allegations. Plaintiffs then sought leave to amend, but the trial court rejected the second complaint as inadequate. The Third Circuit affirmed that decision in Friday’s opinion.

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Counsel

The proposed class is represented by David Stein, Spencer S. Hughes and Sara Delaney Brooks of Gibbs Law Group LLP and Samantha Braver of Handley Farah & Anderson PLLC.

FCA is represented by Stephen A. D’Aunoy of Klein Thomas Lee & Fresard.

The panel consisted of U.S. Circuit Judges Peter J. Phipps, Cindy K. Chung and Jane R. Roth.

The case is Beeney et al. v. FCA US LLC et al., case number 24-2519, in the U.S. Court of Appeals for the Third Circuit.