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The plaintiffs in a class action lawsuit against Ford have asked a federal judge in California to approve a $77 million settlement resolving claims of defective transmissions in some Ford vehicles, stating that class members have already received more than $47 million through an arbitration program.
In their renewed motion for preliminary approval of the settlement, the plaintiffs state that Class Members may be rewarded a cash payment of up to $25,000 or more for returning a vehicle that they could have been driving for many years.
In addition, the plaintiffs state that, in some cases, the Class Members may not need to be in possession of their vehicles to receive the cash payment.
“And unlike consumers pursuing individual lemon law cases, who have waited several years for a jury trial, Class Members with valid lemon law claims can obtain complete relief within 3 months after first providing notice to Ford, through a speedy process paid for by Ford,” the motion claims.
The original Ford class action lawsuit was filed by Omar Vargas in September 2012, who claimed that the transmission in the Ford vehicles caused them to slip, buck, jerk, and suddenly accelerate. In addition, Vargas claimed that the transmissions caused delayed acceleration and delays in downshifts.
The class action lawsuit claimed that Ford violated consumer protection laws, breach of express warranty, and breach of implied warranty under the Song-Beverly Consumer Warranty Act.
A settlement in the case was made in October 2017, but that settlement was appealed in February 2018 by objectors who complained that that the deal was not large enough. Those objections have now been withdrawn, according to the motion for preliminary approval.
If the judge approves this round of settlement motions, it would put to rest all claims that the Class Members have had for the defective Powershift transmissions in the 2011 to 2016 Ford Fiesta and 2012 to 2016 Ford Focus models.
“The proposed Settlement is the culmination of lengthy discussions between the Parties, consultation with their experts, comprehensive discovery, and thorough analysis of the pertinent facts and law at issue,” states the motion for preliminary approval of the Ford class action lawsuit.
This new settlement would also include a guarantee by Ford that they would pay a minimum of $30 million for the cash portion of the settlement and a $20 payment to Class Members who claimed that they have been “turned away” from obtaining a transmission repair, among other stipulations.
Under the deal, Class Members who visited their Ford dealers three or more times for service repairs can receive up to $2,325 or a certificate toward the purchase of a new Ford, the motion states. Ford has also agreed to pay up to $8.8 million in attorneys’ fees.
“Due to the settlement’s consumer-friendly rules and speed of resolution, most class Members would do better under the arbitration program rather than in court and Ford has already paid $47.4 million to class members for claims proceeding under the settlement’s repurchase remedy,” states the motion for preliminary approval of the settlement.
Do you own a Ford that is part of this settlement? Leave a message in the comments section below.
The plaintiffs are represented by Ryan H. Wu of Capstone Law APC, Russell D. Paul of Berger & Montague PC and Thomas A. Zimmerman of Zimmerman Law Offices PC.
The Ford Transmission Class Action Lawsuit is Vargas, et al. v. Ford Motor Co., Case No. 2:12-cv-08388, in the U.S. District Court for the Central District of California.
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389 thoughts on$77M Ford Class Action Settlement Approval Requested
I have a 2012 Ford Fusion with an automatic transmission that has transmission slippage and jerking when accelerating from a stopped position and when it downshifts as well. I bought the car with 63k miles on it, and ford has refused to do a diagnostic on it without a $200 charge after I was told by their customer service dept. That the transmission diagnostic would be free. I purchased in Florida.
I bought a 2014 Ford Focus. Ford knew about transmission problems for years and did nothing. My claim was denied, you must make 3 transmission related repairs and submit receipts first. My car broke down last summer (left us in a very dangerous situation as I could not back up — could only drive forward but only about 4 miles an hour). Crack in transmission case; mechanic said he never encountered this problem. Two thousand dollars in repairs. Two more to go and I might get a penny or two out of this settlement. Don’t hold your breath. Had to close out retirement fund to pay for it and get my only means of transportation back. I asked the Northampton Ford dealership mechanic when Ford will fix the actual transmission and he laughed in my face and said, “NEVER”
I have a 2007 ford an have had the same problem but i am from alabama .the dealer in my area has a recall on my car but because of this problem my car has been setting .
I have a 2013 Ford Focus Hybrid whose transmission needed be replaced, due to these exact same problems. I lost work due to the needed repairs.
I have a Ford F250 that has been having the same problems for awhile. I still own this truck and would like it fixed. Not sure what all years and models are covered.
I have a 2015 ford focus, it was worked on by the ford dealership for hesitating while trying to accelerate. Almost got in a few accidents. Was told my car was fine. JOYGROGAN93@GMAIL.COM
My transmission went out in my 2008 f150
Can I be part of lawsuit?
We have a 2006 Mustang and have had numerous problems with the transmission. Is it too late to do something?
add me. driving a ford f250 here.
I have 2013 Ford Focus.and the car keeps slipping. How can I get it fixed? Hiw can become part of the ckass action suit?
I had a 2013 ford focus that had same problem with slipping transmission.