Yeah that is what one dealership told me. There is an opt out. 3K is a paltry reimbursement sum to cripple an option whose cost was significantly more that.
I am in CA and I am curious if they are actually forcing the AEM. In that case having a spare ECM would be nice - since they are reprogramming it anyway.
I just got a letter in the mail specifying that the new AEM was released in Dec 2019 to address "a small percentage" of users reporting problems. Guess FCA takes pointers from the MSM as far as word choice. It goes on to acknowledge even with the latest update there is a lag in tip in throttle...