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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Owners of Ford vehicles equipped with a PowerShift transmission may qualify to claim cash and other benefits under a recent class action settlement.
Class Members in the Ford class action settlement include current owners or lessees of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a PowerShift transmission.
This litigation started back in 2012 with a Ford class action lawsuit filed by plaintiff Omar Vargas. Vargas alleged Ford’s PowerShift transmission, installed in certain model years of Ford Focus and Fiesta vehicles, was defective in a way that put passengers and other motorists at risk.
Several other Ford class actions were soon filed over essentially the same issue, involving more than a dozen other named plaintiffs.
The plaintiffs claim the PowerShift transmission “slips, bucks, kicks, jerks and harshly engages.” The defect can allegedly cause sudden or delayed acceleration and make it difficult to stop the vehicle.
The Ford class action also alleges that ultimately the defect may cause a catastrophic failure of the transmission.
According to the Ford class action settlement, the car manufacturer is required to pay all legitimate claims. While there isn’t a set value mentioned within settlement documents, experts familiar with the case estimate its worth at about $35 million.
Under terms of the PowerShift transmission class action settlement, owners and lessees of affected Ford Focus and Fiesta vehicles can qualify for several different kinds of benefits. Cash payments, discounts and repair services are available, depending on the Class Member’s particular situation.
The settlement also allows Class Members to arbitrate claims for repurchase or replacement of the entire vehicle, and for reimbursement of repairs due to warranty breach.
The Ford PowerShift transmission class action settlement was granted final approval for the first time on Oct. 18, 2017. However, after several appeals, the court renewed their motion for final approval on March 5, 2020 and opened up the revised settlement for additional claims.
Class Members have until Oct. 5, 2020 to file a claim for benefits if they had repairs performed before April 7, 2020.
If repairs were performed after this date, they have 180 days from the date of repairs to file a claim.
Class Members who previously submitted a claim are not required to resubmit but can make changes to their claims if they wish to.
The settlement website notes that both previously filed and newly filed claims will be reviewed and processed at the same time. However, the process may take “several months,” according to the settlement website, due to the large volume of claims and delays caused by the COVID-19 outbreak.
Who’s Eligible
Class Members include current owners or lessees of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a PowerShift transmission.
Potential Award
Varies.
There are many different benefits available under this settlement.
- Class Members may choose either a cash payment or a discount off the purchase of a new vehicle if, while they owned or leased a Class vehicle, they had three or more visits to an authorized Ford dealer during which one of a list of specific parts was replaced in their PowerShift transmission. Cash payments are capped at $2,325 and discount certificate values are capped at $4,650.
- Class Members who had three or more visits to a dealer during which a Software Flash was performed on their vehicle can get a cash payment of $50 per visit, up to a maximum of $600.
- Class Members who were turned away by Ford dealers and told that nothing was wrong with their vehicles after seeking hardware or software repairs can receive a one time payment of $20.
- Class Members may opt to go through a binding arbitration process to determine whether Ford must repurchase or replace their Class vehicle. Eligibility will depend on the applicable state lemon law, among other factors. Class Members may be represented by an attorney in the arbitration. Ford will pay the Class Member up to $6,000 in attorney fees if the Class Member wins the arbitration. Class Members who lose the arbitration are not obligated to pay Ford’s attorney fees.
- The arbitration process can also cover the cost of repairs to the PowerShift transmission related to breach of the New Vehicle Limited Warranty. Relief may take the form of repair, reimbursement for prior repairs, or an extended service plan.
- For Class vehicles manufactured after June 5, 2013 that underwent two clutch replacements within five years or 60,000 miles of delivery and that still need an additional clutch replacement as determined by a Ford dealer, Class Members can seek reimbursement for the cost of that additional clutch replacement and provide a new two-year warranty on the replacement clutch.
Proof of Purchase
To get cash payments or vehicle discounts, Class Members must submit documentation establishing the vehicle identification number, or VIN; dates of applicable repairs, software flashes or clutch replacements, and the vehicle’s mileage at the time; the name and address of the dealer where the applicable services were performed; a description of the services performed; and proof that the Class Member owned the vehicle at the time the services were performed.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
10/5/2020 for repairs performed on or before April 7, 2020 (updated)
180 days after repair(s) for repairs performed after April 7, 2020.
The later of 10/5/2020 or 180 days after refusal for $20 cash payments.
The later of six years after delivery of the vehicle to the first retail purchaser or 10/5/2020 for requests for repurchase arbitration.
Case Name
Vargas, et al. v. Ford Motor Co., Case No. 2:12-cv-8388-AB-FFMx; Klipfel, et al. v. Ford Motor Co., Case No. 2:15-cv-2140-AB-FFMx; and Cusick, et al. v. Ford Motor Co., Case No. 2:15-cv-8831-AB-FFMx, all in the U.S. District Court for the Central District of California
Final Hearing
3/5/2020 (updated)
UPDATE: The Ford PowerShift Transmission Class Action Settlement was granted final approval on October 18, 2017. However, on November 17, 2017, appeals to the settlement were filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 2: On Feb. 2, 2018, objectors have urged the 9th U.S. Circuit Court of Appeals to reject a proposed $35 million Ford transmission defect class action settlement, claiming that many Class Members will not receive meaningful relief.
UPDATE 3: On September 13, 2019, the 9th Circuit Court of Appeals vacated the Ford PowerShift Transmission Class Action Settlement, and directed the District Court to review the settlement in more detail. Top Class Actions will continue to provide updates as we learn more.
UPDATE 4: On October 22, 2019, the District Court reaffirmed Ford PowerShift Transmission Class Action Settlement. The final hearing for the reaffirmed settlement agreement is currently scheduled for February 20, 2020. Top Class Actions will continue to provide updates as we learn more.
UPDATE 5: The revised Ford PowerShift Transmission Class Action Settlement was granted final approval on March 5, 2020. Class members and claimants should contact the settlement administrator with any questions about the revised settlement. Top Class Actions will continue to provide updates as we learn more.
Settlement Website
Claims Administrator
Ford Transmission Settlement
c/o Kurtzman Carson Consultants
P.O. Box 404000
Louisville, KY 40233-4000
1-844-540-6011
Class Counsel
Jordan L. Lurie
Tarek H. Zody
Cody R. Padgett
Karen L. Wallace
CAPSTONE LAW APC
Russel D. Paul
BERGER & MONTAGUE PC
Thomas A. Zimmerman, Jr.
ZIMMERMAN LAW OFFICES PC
Defense Counsel
John M. Thomas
Krista L. Lenart
DYKEMA GOSSETT PLLC
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156 thoughts onFord PowerShift Transmission Class Action Settlement
2003-2004 Ford explorers should also be added..ugh
Good luck everyone!
Does anybody know more about the appeals that were filed on Nov. 17, 2017 that are preventing the settlement from becoming effective?
Apparently no claims can be processed or paid, and no arbitrations moving forward, until the Effective Date (meaning all appeals have been resolved/exhausted and the settlement enters into force). The http://fordtransmissionsettlement.com website is now saying this could take more than a year. But I’m wondering if anybody out there has any more insight or visibility on whether this is just a technicality or if it really will slow things down for years?
Two appeals filed. Opening briefs aren’t due until Feb 2018, however, appellants are required to submit a mediation questionnaire. The questionnaire for one of the appeals has been returned. The appeal has been filed “on the grounds that the settlement is not fair, reasonable, and adequate.” and “requires a large portion of the class to surrender valuable claims for little or no relief.”
Thank you!
I was contatced by a Ford Dispute Resolution Specialist after the appeal was filed and I requested a full refund. I do not qualify under my states Lemon Law, but I do quailfy under the buyback/refund option.
Jon,
I filled out the form notifying Ford of my intent to file a claim with the Arbitrator on 10/18/2017, as it opened 10/15/2017. Then you have to wait 10 business days to give Ford time to contact you to settle prior to you contacting the Arbitrator. 10 days pasted without Ford contacting me, so I uploaded all documets to the Arbitrator’s website and they contacted me the next day. They said Ford appealed the claim and they couldnt do anything until that process was complete. BUT…. surprisingly, a day later, I received a call from a Ford Dispute Resolution Agent asking what it would take to settle this matter. I told him, then he requested all service documents showing every time my car was in shop and what was done. He then stated he would review all my info and set an appointment for a week later to advise what Ford is willing to do. I believe they are looking at claims and reaching out to people they believe can be settled easy. I asked for a full refund so I wouldnt say mine was easy by any means.
Im not sure your exact situation, but I can tell you mine and you can choose how you wish to proceed. I bought a brand new 2014 Ford Focus with 8 miles in 04/2014. Its been in the shop 3 seperate times where they kept my car for 38 – 40 days each time. Each visit my transmission was flashed and clutch replaced. I had to pay out of pocket for rental cars that was hundreds of dollars. What I think helped me greatly is that I saved every document from 04/2014 – 10/2017. These documents had all the codes needed to complete the forms on the class website. I hope this helps!!!!
I have a 2012 ford focus I bought the car 2 years ago the week I got the car I told my husband that the car was jerking stalling so I took it to the dealership they told me oh it’s nothing wrong I demanded that they check by it out I was told it needed minor adjustments 2 to 3 months later the clutch was replaced 2 months later I still had the same problem I had an oil change done and asked that the jerking problem be checked again to this day I am still having the same issues
Ugh wish I had known about this. I got rid of that car last December. Ugh. I had to take it 3 times for that stupid transmission. They finally replaced it and it was a little better but still. Now I have a c-max hybrid and love it. I want my Taurus back though.
I had this EXACT issue with my 2010 Ford Fusion; when all was said and done, I got 2 quotes to have the transmission done, $4K and $7K … I got rid of it for $500 at a Lexus Dealership; I was a FORD owner for YEARS; I will never, ever, ever purchase another FORD product, ever … #FoundOnRoadDead #FlipOverReadDirections :(
How can I go about submitting a claim if I purchased a used 2012 Ford Focus not knowing about the transmission issues before/when I bought the car. I only drove it a small amount and needed a decent car fast. The more I drive it the worse it seems to get with the bucking and pulling, also when it’s cold outside it does it very aggressively. I don’t want to miss out on this claim because I haven’t taken it to the shop yet because I found out it was very common. Is there anything I’m able to do? Or the only way I can claim is if it’s been to the shop?
Kristin,
From what I understand only the orginal owner is included in the class action. Ford contacts the people eligible so they may have mailed the post card to the orginal owner as you can file even if you dont own the car anymore.
I would trade it in fast b/c it cant be fixed and the value decreases by the day.
Mandy,
You don’t have to be the original owner in order to apply for this suit. I bought a used focus as well and the settlement and benefits work for any of the vehicles that were originally purchased within 6 years, but you do not have to be the original owner.
Yes I did
This defect was also the case in the ford freestyle. I had the same issues and went to the dealership at least 3 times because of it. Any way to include those cars as well in the suit?
Yes!
I received a official court notice in the mail from the US District Court hearing the 2012 – 2016 Ford Focus / 2011 – 2016 Fiesta Transmission Settlement case. In reading the comments above, I want to make sure everyone is aware of the required actions that must be done BEFORE they open the system for claims. To receive any of the benefits you must take your vehicle on 3 different dates to a Ford authorized dealer (good luck completing this b/c every dealership in my area is booked 6 months due to everyone trying to get their 3 visits. Thankfully, I’ve already had mine done twice, but I have to get the last one.) to perform a transmission software flash. What really sucks is paying out of pocker for a rental car b/c this takes at least a week if not more due to the volume of inventory. At this point, they couldnt GIVE me a Ford. I’m choosing the buyback & repayment option. Then I’ll take that money and buy anything brand, but Ford.
If you didnt receive a received a official court notice in the mail and you bought a brand new 2012 – 2016 Ford Focus / 2011 – 2016 Fiesta, I would call 1-844-540-6011 (number provided on my court notice) to add your name & VIN number.
Good Luck everyone,
Amanda