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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 Those objections have now been withdrawn, according to the motion for preliminary approval.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
2015 Ford Fusion 1.5L 4 Cylinder
61,000 miles needed brand new engine due to leak and cylinder. Car started to aggressively and unexpectedly shake and idled.
3 years later, yesterday with only 29,000 miles put on vehicle since new engine car did the same thing whilst driving and piston saturated with oil and cylinder is done.
TWO ENGINES. We need justice.
My 2017 Ford Escape eco boost has approx 124,000 miles. Ford replaced the motor almost exactly 1 year ago. Now the transmission is junk. Over $6000 estimated fix. Ford won’t do anything!!! I need help getting justification.
Not sure if my car would fall in the category. It’s a 2017 escape. I was told today by Ford that it needed a new transmission for almost $7,000. It has less than 100,000 miles.
Yes I had to pay about $10,000.00 because of the leakage in my cylinder had to replace the entire engine had to Uber back and forth to work after buying this car. That was my savings I had and as a single mother of two teen boys it’s not easy. Very disappointed.
I would like to be added to this class action lawsuit. I own a 2018 Ford F-150 and I’m having issues with the transmission.
The class action article said: “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. ” This is exactly what happened to our 2015 Ford Transit 250. It caused a crash that we paid for. I wonder if this could have been covered in the class action lawsuit? We no longer own the Transit, but we have a copy of the invoice paid for the considerable repairs. Please contact me if this might have been partially covered.
I have a 2016 that just had a complete transmission failure at 100k. That was a huge nasty surprise
I currently own a 2014 Ford Escape there is a jerking sensation in the rear end as if the transmission is having issues, which makes me highly upset considering the amt of money I paid for this vehicle and now it has issues to no fault of my own.
2014 ford escape 1.6 turbo.I just had ammco transmision rebuild trans cost me about 5800.00 to rebuild trans. I was very happy about this it was money i did not have. I had to break into my 401k to get in done.
I sympathize. I also have a 2014 1.6L Escape which now needs a torque converter and possible transmission which I cannot afford after having the engine replaced 2 years ago and helping my sister replace her transmission in her 2013 1.6L escape last month.
I sympathize. I also have a 2014 1.6L Escape which now needs a torque converter and possible transmission which I cannot afford after having the engine replaced 2 years ago and helping my sister replace her transmission in her 2013 1.6L escape last month. (BTW, It has less than 90,000 miles on it.)
I bought a 2013 Ford Focus and have been having transmission slipping issues and now the car went even start because it says the transmission is on Drive when the gear shifter is in Park. The dealer says there are no recalls or recourse for this
My car has 93k+ miles on it.
I had a focus and mine use to jerk when I start from a stop light. I traded it for a 2017 escape and now the escape is skipping and in the dealership shop for two months where they say they cat fix it. There are reports that these cars catch fire.
I just sent and I’m not sure if it went through about my 2013 ford fusion that has 125,000 miles and this is my 3 transmission put in I just paid 5177.78 on 5-3-23 and have had issues I want to know if it’s something I can do to get reimbursed or have attorney contact me I purchased this car from a cord dealership and 3 weeks later they were trying to buy the car back saying they didn’t make that many like my car instead of being honest and saying it was transmission issues if they had been honest I would have changed out now I’ve got 3 payments left and it will be paid off but the fact I’ve had that many issues isn’t right I even had a diagnosis on it and was told it was fine after me, dad and a friend who work at car factory said it was something wrong with it and 7 months later the car broke down on me and had to get it towed to the cord dealership which they had for a month just got it back today on 5-3-23 and now I want to know if it’s. Something I can do to get some or all of my money back for this.