Alleged Mileage Misrepresentation Haunts Ford Motor Co.

In a proposed federal class action lawsuit filed mid-July 2019, the Ford Motor Co. is being forced to answer for alleged mileage misrepresentation for certain marketed vehicles. The case, filed by complainant Steve B. of Winter Haven, Florida, claims the automobile maker falsely stated on window stickers of new 2017-2019 expectations for fuel economy. This complaint includes but isn’t limited to the 2018 Ford F-150 and the 2019 Ford Ranger.

As indicated by the mileage misrepresentation lawsuit, Steve bought a 2018 Ford F-150 XLT in August 2018. The purchase was made at a legitimate dealer for the Ford Motor Co. located in Winter Haven. The plaintiff had the intention of using the vehicle for family, household, and personal use rather than relegating it to the functions of work.

The plaintiff purportedly test drove the 2018 Ford F-150 XLT after seeing numerous advertisements. He took the time to thoroughly review the truck’s stats with an authorized dealer which included discussing the posted window sticker container the alleged mileage misrepresentation.

Having depended upon the information given in good faith, Steve claimed to have chosen to make the purchase of this vehicle over other potential trucks on the current market. According to the lawsuit, the mileage estimate was put at 23 miles per gallon (MPG) on the open highway, 18 mpg in city driving conditions, and 20 mpg when conditions were mixed between the two.

The complainant indicated the mileage as indicated has not been realized under any circumstances and he has suffered economic loss and injustice. The value of the F-150 he owns is not in line with what Steve paid for it, and the monetary drain of the poor fuel performance has been significant.

The lawsuit brings many counts against the Ford Motor Co., but the first and foremost one alleges violations of the Magnuson-Moss Warranty Act (MMWA). MMWA is a U.S. federal law holding warrantors accountable for unfair use of disclaimers and other misleading language presented in a warranty. The plaintiff’s truck was covered by Ford’s new vehicle limited warranty.

A warrantor, under the MMWA, who chooses to offer a warranty rather than offer a product as is, must use “simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission.” Statements in a warranty that could be interpreted in more than one way are eschewed.

Other Lawsuits

According to a July 23, 2019 article on CNET.com, the proposed class action lawsuit is not the only pending federal action against Ford. Another class action lawsuit—also filed in the Eastern District of Michigan—claims that the automobile manufacturer installed a device that would display a rosier picture of fuel economy to the owner-driver than was true.

This lawsuit seeks $1.2 billion in damages to recover the gasoline losses estimated to be around $2,000 a year to the purchaser.

The Ford Motor Co. Class Action Lawsuit is Case No.  3:19-cv-12080-RHC-SDD in U.S. District Court for the Eastern District of Michigan

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