Emily Sortor  |  May 8, 2019

Category: Auto News

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Drivers have filed a class action lawsuit against Ford Motor Company, claiming that the company uses a device to cheat on road and fuel efficiency testing in some of its vehicles.

Marshall B. Lloyd aims to represent “all persons who purchased or leased a Ford vehicle whose EPA fuel economy ratings were less than the fuel economy rating produced by the applicable federal test, including but not limited to the model year 2019 Ford Ranger truck.”

Allegedly, the 2019 Ford Ranger, the F-150, and possibly other Ford vehicles possess a device that misrepresents the vehicles’ poor mileage as better than it really is to vehicle owners.

This device, which is a “computer that misrepresents the mileage displayed on the trip meter,” also misrepresents the vehicles’ performance to the Environmental Protection Agency (EPA) during certification testing regarding both the milage and the emissions of the vehicles, according to the Ford class action.

“A mileage ‘cheat device’ is also likely included in all Affected Vehicles, whereby the onboard trip meter continually misrepresents the vehicles’ poor mileage to conceal it from vehicle owners, and maintains consistency with Ford’s misrepresentations to the Environmental Protection Agency (EPA) during certification testing regarding both the mileage and emissions of the Affected Vehicles,” the Ford class action states.

Lloyd argues that Ford intentionally misrepresents the emissions and mileage of the vehicles in an attempt to encourage customers to purchase the vehicles.

“Ford has programmed its onboard computers with a mileage cheat device to continue to lie about the vehicle’s fuel economy in order to continually conceal the misrepresentation,” the Ford class action claims.

Additionally, the Ford mileage class action argues that Ford aimed to increase their profits by misrepresenting the emissions of their vehicles not only by boosting sales, but because they gain more profits from low-emissions vehicles under U.S. environmental regulations.

In addition to the cheat device, the Ford class action also claims that Ford misrepresents a range of efficiencies in the vehicles, including “Road Load,” which describes the “force that is 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.”

Allegedly, Ford’s internal lab tests did not account for these forces, meaning that the representations that Ford produced about their vehicles falsely represents its fuel economy.

To support the claim that Ford knew of the misrepresentations, Lloyd notes that Ford’s own employees questioned the testing practices and the calculations that Ford used for fuel economy ratings. This occurred at least by September 2018, according to Lloyd, but Ford took no action to correct the problems or to alert consumers that the test method was flawed.

Lloyd is represented by Steve W. Berman of Hagens Berman Sobol Shapiro LLP and by Robert C. Hilliard of Hilliard Martinez Gonzales LLP.

The Ford Fuel Economy Testing Class Action Lawsuit is Marshall B. Lloyd v. Ford Motor Company, Case No. 2:19-cv-11319-RHC-APP, in the U.S. District Court for the Eastern District of Michigan.

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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.

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