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Second Ford C-Max, Fusion Hybrid Class Action Lawsuit Filed

By Matt O’Donnell

 

2013 Ford C-Max Hybrid

UPDATE: On June 7, 2013, the JPML consolidated all Ford Hybrid Fuel Economy Class Action Lawsuits into a New York MDL.


Looks like Honda, Hyundai and Kia aren’t the only automakers in hot water for exaggerating the fuel efficiency of their vehicles. A new class action lawsuit claims Ford made false and misleading marketing claims about how many miles per gallon the 2013 Ford C-Max and Fusion hybrid vehicles obtain.

Lead plaintiff Richard Pitkin alleges in the Ford fuel economy class action lawsuit that the purchased a C-Max Hybrid in October and only averaged 37 mpg – significantly lower than the EPA rating of 47 mpg.


“In its advertising and marketing campaign for the vehicles, Ford claimed that the C-Max Hybrid and Fusion Hybrid achieved a class leading 47 Miles Per Gallon,” the class action lawsuit says. “These materials helped Ford achieve record sales for the first two months of C-MAX Hybrid sales, outselling its rival, hybrid sales leader Toyota, but there was a problem. These ads were false.”

The Environmental Protection Agency announced in December it would review Ford’s fuel efficiency claims after Consumer Reports found the C-Max Hybrid and Fusion Hybrid fell significantly short of the EPA window sticker rating.

According to Consumer Reports, the Ford C-MAX obtained 37 mpg overall with 35 mpg in the city and 38 mpg on the highway. Similar findings with the Fusion Hybrid found that the vehicle achieve 39 mpg in testing overall.

“These two vehicles have the largest discrepancy between our overall-mpg results and the estimates published by the EPA that we’ve seen among any current models,” Consumer Reports said in a statement.

Discrepancies between EPA window stickers and the actual fuel efficiency that drivers achieve have fueled a number of class action lawsuits in recent months. The Honda Civic Hybrid, Hyundai Elantra and a numerous Hyundai and Kia vehicles have been targeted by consumers who say the vehicles fell short of advertised mpg ratings.

A recent EPA investigation into Hyundai and Kia EPA ratings revealed 35% of their 2011-2013 vehicles had inflated fuel efficiency ratings.

The Ford Hybrid Fuel Efficiency Class Action Lawsuit is seeking punitive damages, including reimbursement for the purchase price of the Ford C-Max hybrid and Ford Fusion Hybrid.

The case is Richard Pitkin v. Ford Motor Company, Case No. 12-cv-2973, U.S. District Court, California Eastern District Court, Sacramento.

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Updated June 14th, 2013

 

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47 Comments

  • Sherry Billingsley January 4, 2013

    I purchased a 2013 Fusion Hybrid on 12/15/12. I currently am averaging 31 mpg. The dealership gave me several different reasons. One – there is a breaking in period, Two – the cold weather reduces fuel efficiency and Three- CA EPA requirements reduces mpg. How do I join this lawsuit?

  • Darlene Hovis January 4, 2013

    I purchased a 2013 for the 47 mpg, but what a surprise I got when I took our vacation at 30 mpg. AFter awhile, the gas mileage increased to 33.3 mpg. I am angry and have tried different driving styles to make a comparison. The engine seems to kick in when I get to 20 mph. There is something wrong with this and I want to get involved with the Class Action Lawsuit. How do I do that? Thanks for letting us vent, now help us!

  • Allen B January 5, 2013

    I bought my C-Max assuming the EPA # is not realistic, but I expected get 40mpg under gentle driving conditions. My C-Max can’t even get 40mpg going downhill. My average is 33.5, regardless of city or freeway. I tried everything, including going a steady 60mph on level freeway. I do believe there is something wrong with the electric motor engagement system. You must “coherse” it to engage, and it quickly dis-engages as soon as you give it a very slight amount of throttle! Then you must re-coherse it again. This is a chore! On the freeway,under 60, same thing, electric motor does not stay engaged (unless you are going downhill). What is the point of even having an electric motor if it will not stay running. The “battery” level meter is always mostly charged, yet I can’t take advantage of that charge. WHAT A JOKE. I too want to get in on the suit. Or better yet, Ford should allow me (us) to return the vehicle for full credit for another Ford vehicle.

  • Leanna Martinez January 5, 2013

    My Ford Fusion Hybrid only get 36mpg and that’s driving so gingerly that I am going less than the speed limit at all times. I bought this car solely for the mileage as i drive all day long for work and Ford has done nothing but denied there were any issues. They made me drive it to 300 miles abd then one more gas tank,and then 1000 miles, and now they say i have to hit 7500 miles to even see close to 40mpg on the car….needless to say, im out the money in savings they stated and paying for a new car payment. Thanks Ford!

  • Leanna Martinez January 5, 2013

    I need to join this lawsuit. Ford needs to correct this issue or return our cars.

  • Brian Williams January 6, 2013

    I purchased a 2013 Ford Fusion Hybrid the weekend before Thanksgiving & after 2600 miles I can only get 34.7 MPG’s. I’ve taken it to the Ford dealer for diagnosis, no problems! I waited specifically for this car because of the gas mileage, now I feel so cheated! And how do I add my name to this lawsuit?

  • Martin Babb January 9, 2013

    I also bought a 2013 in early December, and the 47 mpg EPA rating was a significant factor in my decision. Using every tip I can find on how to maximize fuel efficiency in hybrid vehicles of this type I have only been able to get ~36 mpg. I feel cheated by the misrepresentation and would very much like to join this lawsuit. However, I live in Washington State and am unsure if this class-action suit is restricted to California.

  • Ronald Kramer January 11, 2013

    I also lease a 2010 Prius and Insight both of which have far superior MPG
    Performance (40-51mpg). I thought this would be a Prius Killer? As a
    cross over buyer I feel deceived. I want to support US companies and US
    jobs. What was Ford thinking when they published 47 / 47 estimates? I
    would have been ok with low 40′s but low 28-33 is not even in the ball
    park. Mark my words there will be no fix for this. Ford should offer
    to take the cars back or offer cash compensation to offset the
    mileage claims. The EPA estimates will have to be adjusted to the mid
    30′s and sell the cars as is. Which is ok as long as the consumer knows
    what they are buying.

    My dealer’s sales and service department were ok at the beginning of the complaint process, but now have turned hostile and un-professional.

    Ronald Kramer
    Yankee Ford Customer
    South Portland, Maine

  • David January 13, 2013

    I feel I’ve been screwed….

    So much in trusting a non government bailed out run organization.

    My vw diesel had the torque, and 50 mpg! this things a dog!

  • David January 13, 2013

    25 % reduction from actual claimed////……i couldn’t get 47 mpg riding down hill with my foot up my ass!

    this is BS!!!

  • David January 14, 2013

    this p.o.s. idles at

  • Rich January 21, 2013

    With 2000+ miles, my CMAX came with two manufacturing defects, 111 unexplained miles between purchase and delivery and 34.3 average mpg with cruise control and light foot driving. These low numbers were confirmed by 138 cars with 216,150 miles ranging from 31 mpg to 47 mpg on fuelly.com. None of the CMAX owners reported over 47 mpg as the Ford spokesperson claimed. Polite letter to the Black Belt Fly Fisherman U-MI Hon JD ExChair Clay Ford Jr went unanswered. You would think a $136 B 110 year-old company losing market share since the 70s would know or behave better…

  • Sheryl January 26, 2013

    How do we join the suit? We too bought a 2013 C-Max hybrid on 6 October 2012, based on the same research, advertisements and claims Ford made, and as stated in the class action suit, which I only saw in a NYT article yesterday. We wanted to buy American, too. Not only does it average 38.2 mpg after 2600+ miles (I am an experienced 2010 Prius driver with a light foot, the Prius on the same commuter route consistently gets 50+ mpg), the most recent tank of gas in the C Max was 35.8 mpg. We asked the dealer when we picked it up if it had a breaking in period, and he said NO. Our other major source of frustration is that we have had huge problems with the Navigation equipment not working (it will not display traffic conditions, weather, fuel prices etc on the map display, traffic is ESSENTIAL for commuting. This works fine in our Prius, by the way, not so in the Ford, so there is no satellite signal issue in this region to explain it). We took it back 3 times to the dealer to be fixed, they replaced a part, they reset it and they could not fix it, claiming we just need to wait for a software update, which has dragged on for over 3 months now, beyond the 30 days to return the car of course. We first alerted them to the problem on 15 October, they could not fix it then, and have been back every month to see if they can fix it. There is one other CMAX owner who bought from the same dealer with the same problems they are trying to appease, I have the VIN of his/her car but not his/her name on correspondence Ford shared with me about their service hotline attempts. They passed us to Ford HQ customer care, so we are now involved with the national company, not the dealer, who has not called us back as promised after the first 2 phone discussions this month. This does fall under the Lemon Laws of our state, so we will ask for our money back. We have tried in good faith to get them to fix the car, and they obviously cannot or will not.

  • JWR February 4, 2013

    Does anyone know how to join the C MAX lawsuit? I too have a hard time getting 32mpg, even driving 68mph with the high grade fuel.

  • michael williquette February 11, 2013

    Baught a new c-maz last tuesday the 4th of feb 2013 and upon hearing about the law suit contacted my dealer. With only 400 miles on th car and only getting 34 MPG i requested that they just take the car back and give me my old car back. I was told it is now a used car and they would have to sell it as such. I have been told they will check with their ford rep and get back to me?

  • Richard Stolee February 22, 2013

    Same story as all of the above. Bought my C-Max despite being given the opportunity to get a used rebuilt Prius that would get 50mpg on the highway because I liked the design and wanted to buy American. I have gone back to the service and sales folks who give me the 5 to 10000 mile break in story or the cold weather story. We live in California with great weather and I am almost at 5000 with no trend upward from about 35mpg overall. I did drive it for about 5 miles in Half Moon Bay once without signals on a flat area about 35 mph and got approximately 45 mpg for that period but after I got home I was back to less than 40mpg. I have also had problems with my clock that the service department tells us they have not found a fix for and the problem exists in other C-Maxs

    Hopefully the law suit will reduce the cost of this vehicle to what it would cost us to buy a non-ford Hybrid and refund us the difference.

  • Steve Nelson February 23, 2013

    We also bought a ’13 Fusion Hybrid, right at about 33 mpg, ridiculous. Bought it in November ’12, the very first one in our area. SOOOOO excited, still dig the car but SOOOO feeling like we were duped!! 47mpg was the deal clincher after looking at all models and I honestly probably would have got the Sonata if I knew Ford was gonna mislead me with 47 MPG, I could live with low 40s even, but only one conclusion can be made after hearing from other owners, FORD LIED. They need to make it right!!!

  • Fordmpgfraud.com February 25, 2013

    Mpgfraud.com

    To join the suit

  • m.e. gilmore March 1, 2013

    2 CMAX SE&SEL 10K MILEAGE BETWEEN neither have gotten over 37.4 had a Prius for 105K averaged 44
    hhhmmm it was 2005

  • Nicole Hudson March 4, 2013

    I too would like information on how to join the suit. I bought a C Max in November of 2012. I fall significantly short of the claimed 47mpg. I average about 35mpg. I bought this vehicle over others because of the mpg. Complete false advertisement! Ive filed a complaint with Ford customer service but I doubt anything will come of that. I am a working single mother. I cannot afford to waste my money on something I didn’t get.

  • Mark Goodale March 6, 2013

    I purchased a 2013 Ford Fusion Hybrid and get only 33 MPG. I drive like a grandma now and have tried all the tricks but no go. Can you say Lemon Law. Oh that’s right you can’t do lemon law on gas mileage. That’s BS. I like the return for full credit as a great solution for all of us.

  • Norm Thompson March 7, 2013

    We purchased our C-Max on 9/29/2012 for the 47mpg also. like others, our car had 110 miles on it and a mpg of 26.6. I questioned this and did not get a very defined answer. I am doing a little better than most as I am getting 40.8 average and I am driving with the flow of other traffic. I also would like to join the lawsuit. How…

  • charles kromer March 9, 2013

    I need to know the specifics of how to join this class action lawsuit regarding the C-Max Hybrid. Please send the information to my e-mail address. Thanks!!!! Charles Kromer

    • melanie jones July 29, 2014

      I purchased a new 2013 Cymax, have put 4,000 on it and has never gotten at 47 mpg. Did you ever find out how to get in on the lawsuit?

  • zach March 18, 2013

    How do I join the lawsuit?

  • Gary Cole March 28, 2013

    There is a very serious problem with my new C-Max, VIN 1FADP5BU2DL518258, that I need to discuss with Ford. It only gets about 38 mpg. I’ve nursed it along like an old lady for weeks now, perfecting the braking and cruising as I go, to squeeze out as much MPGs as I can. There is nothing I can do to get even close to 47 mpg or even break into the 40s. I have been a conservative driver for 43 years and I now drive even more conservatively than I ever have before and cannot not even get up to 40 mpg. This is with my achieving about 99% recharge from my braking, cruising and accelerating according to the cars own Braking Coach and Fuel Economy Graphs.

    My wife and I purchased this C-Max based solely for the average 47 mpg city and 47 mpg highway. I would expect that by driving it as efficiently as I have been that I should even get slightly above the advertised average 47 mpg mileage. But, I cannot even get into the 40 mpg range. I can only get about 38 mpg if I drive it obnoxiously slow with no acceleration at all and slow stops, upsetting every one behind me and upsetting my wife in the car with me as well, risking life and limb watching the dashboard displays to make sure I am squeezing out the best gas mileage possible.

    I am driving with the heat off until the windows begin to fog up. I am accelerating and breaking so gently and carefully that my legs are cramping up. I am even taking alternate routes to work to try to maximize the slopes in the road to achieve better cruising. I find myself driving 30 mph in 45 mph zones so I do not use as much gas for acceleration. It takes me twice as long to get to work and back.

    I have contacted the dealer who said there is nothing that they can do and if the mileage does not increase after the break-in period to contact Ford.

    I cannot tell you how much sleep I am losing over this issue and how much mental anguish this is causing me. Please bring me some closure to this issue before I get into an accident because of loss of sleep along with the excessive watching of the dashboard displays or some disgruntled, road raged, drive behind me rams into me or shoots me.

    My wife and I need a resolution to this issue. We have just spent about an extra $7500 to purchase your C-Max hybrid vehicle to get 47 mpg instead of purchasing one of the other multitude of conventional cars that get gas mileage in the upper 30s. Now we are facing the fact that we are not going to be able to get the 47 mpg average that was advertised by Ford that we based our purchase on. We drive about 30,000 miles per year and the difference between 47 mpg and 38 mpg is about $50 per month for the extra gas. That extra $50 per month is going to cause us to have trouble paying our car payment. We purchased 47 mpg for $7500 but it apparently was not included with our vehicle upon delivery. It appears that Ford either falsely advertised the 47 mpg or we have a lemon. We want our 47 mpg or we want the extra $7500 back that we paid for your hybrid to get that 47 mpg.

  • Bernie Morris April 2, 2013

    I would very much appreciate information on how I can join the class action lawsuit. I purchased a ford c-max in the beginning of December and had asked for my money back well before Christmas – for many of the reasons stated above. The fact that this vehicle is still being falsley advertised is unbelievable to me – what about truth in advertising

  • chetan sampat May 8, 2013

    how do I join the lawsuit to be compensated for false advertising by ford for cmax fuel economy?

  • Burwell James August 24, 2013

    I would like to join this class action lawsuit. I am not getting the mileage that I was told I would get. I drive for a living and the great mileage was the reason I bought the cmax. I feel I was mislead big time.

  • Burwell James August 24, 2013

    I would like to join this class action lawsuit. I am not getting the mileage that I was told I would get. I drive for a living and the great mileage was the reason I bought the cmax. I feel I was mislead big time.

  • W. Butler September 1, 2013

    I am also interested in joining the Lawsuit. I purchased a Ford Fusion Hybrid 2013 and my MPG range around 39 at best. Window sticker says 47. Never, ever saw that?

  • Joann Kreisher September 4, 2013

    I purchased a 2013 Ford C-Max and do not get the 47 mpt. When I inquired with my dealership I was told that the 2013 models had a chip put in to get the better mileage. I was told my model had the chip and would get the 47 mpg. I do not. I was later told that the problem was not part of the dealership and to contact FORD directly. Please include me in the Class-action Lawsuit. Thank you.

  • John Rauvola September 7, 2013

    Owner of 2013 Ford Fusion hybrid that gets 38mpg despite doing everthing possible to get higher mpg’s. Car has 10,000 miles on it since car was purchased in December 2012. Vin #3FA6P0LUXDR157583. This car has had all the service/updates as received from Ford. Saw an article published by Bloomberg that states Ford is making a “goodwill payment” of $550 to customers who purchased a 2013 C-Max hybrid. No mention of that to hybrid Fusion owners! Hey Ford commercials still promote the Fusion hybrid as 47/47 mpg’s. Please keep the pressure on Ford Motor to make this right with it’s customers!

  • Jodi Ader September 19, 2013

    Hi I purchased the 2013 fusion hybrid. I Owned a 2010 with 55000 miles and only traded it for the “uprade” for better milage. I have a open case with ford now. I put in for a buy back and they refused it. I told them not to close the case because I am not happy and do not want the car. I just found out about the class action and could use some help. Please contact me regarding this manner. Thanks Jodi Ader

  • Sandra Getty September 23, 2013

    I purchased a CMax in September 2013 when the dealers knew there was a problem and the window sticker still stated 47 miles per gallon. I don’t get anywhere near that. Please include me in the lawsuit.

  • Ronald L. Holt September 26, 2013

    My wife and I purchased a 2013 C-Max March 31, 2013 strictly for the fuel economy promise (47mpg hyway/city) as we were planning a 3-week 50th anniversary trip. We traveled over 7400 miles from July 31st-August 22nd and averaged less than 38mpg–and this was after “babying” the gas pedal (under 63mph)–sometimes in an 80mph speed zone. A second trip of 3000 miles in Sept (after “recalibration” for increased mpg) netted us 40mpg with the same “babying”. If we had driven our regular speed we probably would have gotten less than 35mpg. Is there any way we can be included in this class action suit? We are really disappointed with the mpg performance of the C-Max. Thank you.

  • Donald Radcliffe September 30, 2013

    I traded in a perfectly good Dodge Caliber with less than 40k miles for the C-Max.My decision was based on two factors:
    1. That I wanted to reduce my carbon footprint with a vehicle that got close to my 50 mpg goal, and…….
    2. That the vehicle was an American Brand, made in America, in support of the economic recovery!

    I DIDN’T NEED a NEW CAR!! and I sure wish I hadn’t been duped by Ford’s deceitful marketing!

  • Troy Cothren October 1, 2013

    My wife traded her Taurus for a Fusion Hybrid for the better mileage. It doesn’t get anywhere near 47 mpg, it gets about 38 mpg. The dealership recalibrated the computer to make it look like it was getting about 46 mpg but when you put the pencil to it it was the same as it was before. We are very unhappy!!!

  • Rentsaks November 10, 2013

    How do I join the class action suit

  • mark Shealy November 29, 2013

    How can I get my name on one of the class action lawsuits???

  • john and cidy newey November 29, 2013

    we were sold this c-max with asticker ad 47 47 47 should have read 35-35-35 mis representation to the MAX MAX MAX IM PISSED JOHN /CINDY EVNY6

  • william robinson December 21, 2013

    I bought the 2013 ford fusion hybrid in June 2013. I get over an over all average odeaf 33.4 mpg. I now have about 3200 miles on the car and the dealer says I have to wait til I reach 5000 miles for the rings to seat & then I will get the 47 mpg advertised. I am so sick of driving like the lttle old senior guy so this last tank of gas, I did the 80 mile round trip at he speed limit of 75 mph and guess what. I got 28 mpg. Just give me back my 2009 Sonata which got 26 mpg all the time and cost about $11,000.00 less. Like this Christmas time of the year. HEY Ford, are you listening? The snow ain’t glistning.

  • JOHN NEWEY December 26, 2013

    please add me to this class action law suit

  • BRG May 31, 2014

    We bought the Cmax Energi and very disappointed. Live in GA what do we need to do to get resolution or join the class action suit?

  • Tom Rachinsky June 12, 2014

    Should have brought the Chevy Volt
    That I wanted. But the wife talked me into the
    Fusion hybrid. What a mistake getting only
    35 mpg on a good day
    Will never buy a ford again

  • Anthony Avila June 14, 2014

    I bought my 2013 ford c-max in February of this year. I had problems from the start. First the sync system would not connect with my phone I had to took take it back to the dealer 3 times to reset the connection devise, now most of the time I have to reboot my phone to get connected to the sync system. As far as mileage I am averaging between 34 and 38 miles per gallon. I really have to work hard with the breaking system to squeeze out the mileage advertised on the window sticker. The dealer told me that after 1500 miles I would see a big change in mileage I am now at 2014 miles and there has been no change . I was very excited about the purchase of my hybrid money and environmentally wise, but I feel we have been mislead believing we would save money on gas. The reason I bought the c-max was to save money on gas. I am in the process of buying a home in Riverside ca. I would be commuting 105 miles round trip from Riverside to Los Angeles for work. I could have bought a cheaper non hybrid car and got approximately the same mileage as a c-max hybrid. If anyone is aware of how I can join in this class action law suit please advise. Thank you. avilaanthony66@yahoo

  • Guy Stevens August 16, 2014

    I bought a 2014 hybrid fusion and only getting 36 mpg and was sold on 47 mpg city and 47 highway. I bought in October 2013. Do I quailify to join in the class action suite? You can contact me at: Guyfstevens@gmail.com

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