In fact, it seems like Fraud is still Fraud at the reckless or negligent levels. No intent needed (though I'm sure proving it at the "intent" level will get them more of a case).
So... is this Fraud? Well, yes. It would be. But the next step is for these plaintiffs to prove the fraud in court. It seems like they have a strong argument though.
There is no fraud or misleading people. The EPA test cycle is an official test, you can run the test and get the same results yourself. It's not fraud that some dumb consumers don't understand what an EPA range estimate means
"Fraud" is a legal term, and "intentionally misleading people" is the very definition of Fraud. https://www.law.cornell.edu/wex/fraud
In fact, it seems like Fraud is still Fraud at the reckless or negligent levels. No intent needed (though I'm sure proving it at the "intent" level will get them more of a case).
So... is this Fraud? Well, yes. It would be. But the next step is for these plaintiffs to prove the fraud in court. It seems like they have a strong argument though.