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The Justice Department has Ford under investigation for potentially misreporting their fuel efficiency and emissions numbers due to testing errors.
In April, the U.S. Department of Justice announced that it had opened a criminal investigation into the process that Ford uses for emissions certification. The investigation is focused on “issues related to road load estimations” and its only in its “preliminary stages”, according to the Department of Justice.
Road load is defined by the EPA as “the force imparted on a vehicle while driving at a constant speed over a smooth level surface from sources such as tire rolling resistance, driveline losses, and aerodynamic drag.” Automotive companies and manufacturers calculate road load through physical track test and “coast down” testing.
In February, Ford announced that it was going to investigate employee concerns regarding the methods used by the auto company when calculating road load, fuel economy, and emissions. The company reportedly notified the Environmental Protection Agency (EPA) and California Air Resources Board, and later hired a law firm to investigate the issue.
“As always, we strive to be transparent with our customers, employees, dealers, shareholders and other stakeholders,” Ford said in a statement after their announcement. “We understand how important it is to all audiences that we thoroughly yet swiftly complete this investigation.”
In April, shortly before the Department of Justice placed Ford under investigation, the company reportedly filed a notice with the Securities and Exchange Commission and other agencies regarding their emissions and fuel efficiency concerns. According to Ford, the company is fully cooperating with all government inquiries.
“Our focus is on completing our investigation and a thorough technical review of this matter and cooperating with government and regulatory agencies,” a Ford spokesperson said following the Securities and Exchange Commission filing.
The outcome of the criminal investigation may hinge on whether or not Ford intentionally aimed to cheat federal emissions standards. Brett Smith, the Center of Automotive Research’s director of propulsion technologies and energy infrastructure, told The Detroit News that they may not be held liable by the Department of Justice if they can show that “it was a honest mistake with good intent.”
Ford Emissions Class Action Lawsuit
A Department of Justice investigation is not the only complaint that Ford faces. The company also faces a class action lawsuit from consumers claiming that the company deceptively advertised the fuel economy on their 2019 Ford Ranger.
The class action lawsuit was filed only two weeks after Ford’s filing with the Securities and Exchange Commission by plaintiff Marshall Lloyd. Lloyd reportedly purchased his 2019 Ranger in February, only a day before Ford made their announcement about fuel economy issues.
According to Lloyd, he and other consumers relied heavily on Ford’s representations about fuel economy when purchasing Ford trucks. However, these representations were allegedly false because of Ford’s faulty testing.
Lloyd also claims that Ford uses a “mileage cheat device” to lie about the Ranger trucks’ fuel economy similar to other companies such as Fiat Chrysler that have faced emissions class action lawsuits.
“Ford deceptively advertised its Rangers to consumers as ‘best-in-class’ in fuel economy,” plaintiff counsel said in a statement, according to The Detroit News.
“Ford knew that consumers pay a premium for fuel efficiency and that less fuel burned means less emissions, and therefore more profits. Its own employees questioned its fuel efficiency calculations. Ford chose to blatantly ignore the clear warning signs it was given.”
Other Ford Emissions Scandals
In 2014, Ford faced similar emissions problems. According to the auto dealer’s statement, the inaccurate emissions ratings stemmed from an error with their total road load horsepower, a measure of resistance used in engine power testing.
As a result of the error, Ford had to make adjustments to the emission ratings of 2013-14 C-Max Hybrid, 2013-14 Fusion Hybrid, 2013-14 C-Max Energi, 2013-14 Lincoln MKZ Hybrid, 2013-14 Fusion Energi plug-in hybrids, and the gas-only 2014 Fiesta.
Ford also compensated consumers who purchased the affected vehicles. The “goodwill payments” ranged from $200 to $1,050. The payments reportedly represented the difference in estimated fuel costs. As of now, Ford doesn’t have a plan for a similar F150 and Ranger payment system. However, consumers may be able to recover payments if Ford settles the class action lawsuit against them.
Some experts wonder how, with a history of emissions errors, Ford allowed the problem to occur again. In his interview with The Detroit News, Brett Smith noted the auto company’s history with emissions scandals.
“We’ve been here before with other companies in other ways, but more so, we’ve been here with Ford,” Smith said. “In 2014, they had problems. How could it happen again in 2019, when we understand from other companies how bad it can end up?”
Join a Free Ford Truck Class Action Lawsuit Investigation
If you own or lease a 2019 Ford Ranger or F-150 and have experienced less-than-expected gas mileage or if you feel you are simply filling up your gas tank much more than you expected, you may be entitled to compensation.
This article is not legal advice. It is presented
for informational purposes only.
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