Ford Emissions Scandal Spurs Class Action Lawsuit

In late April of this year, a Ford emissions scandal erupted after the U.S. Department of Justice started an investigation into company-provided mileage and emissions data of newer model Ranger and F150 trucks.

According to Autoblog, internal employees alerted management of improper formulas being used to take vehicle dynamometer data and turn it into mileage and emissions information required by federal regulators. This internal scrutiny was reviewed by Ford and confessed to the U.S. Environmental Protection Agency (EPA) as well as the California Air Resources Board.

The Ford emissions scandal was mitigated by the automaker by purportedly hiring experts from outside their normal payroll to investigate vehicle testing procedures for gas economy ratings. It was unknown, as indicated by this blog, whether Ford would have to correct data previously given consumers and environmental regulators concerning these trucks.

In a separate Autoblog article, it was indicated that Ford had specifically noted that the problem with emissions ratings for F150 and Ranger trucks had absolutely nothing to do with the use of a defeat device. A defeat device is akin to what was used by the Volkswagen company in diesel vehicles that could essentially determine the difference between a testing condition and open road driving, producing different emissions results.

On June 10, 2019, a class action lawsuit was filed as a direct result of the purported Ford emissions scandal in U.S. District Court for the Eastern District of Michigan. Plaintiffs Dustin D. and Rick S. of Newport, Oregon, and Windber, Pennsylvania, respectively are both owners of 2018 and 2019 Ford Ranger and F150 trucks.

These complainants claim they made their purchasing decisions based up stated mileage and emissions information provided and, had they known it was false, would have made different choices. Their respective counsel is accusing the automaker of overstating the trucks gas mileage capacity on the displayed Monroney stickers while on the lot.

What is a Dynamometer and Road Load?

Automakers calculate mileage based upon use of a dynamometer—a giant treadmill with rollers for cars to run on. To create more realistic driving conditions, testers must stimulate what is known as “road load.” Road load systematically creates a totality of forces that a driver would experience on the open road such as wind drag, friction, and losses due to tires.

As indicated in this lawsuit, the plaintiffs allege that Ford deliberately manipulated certain road load parameters allowing for miscalculation of road load.

The causes of action the complainants are bringing against the automaker for this include but are not limited to violation of Oregon and Pennsylvania State consumer protection laws, negligent misrepresentation, unjust enrichment, breach of express and implied warranties, and breach of the covenant of good faith and fair dealing.

The two plaintiffs are seeking certification of their proposed nationwide and state classes. Additionally, they are desirous of all compensatory and statutory relief due them and members of the class as determined in a jury trial.

The Ford Motor Co. Lawsuit is Case No. 2:19-cv-11728-BAF-RSW in 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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This article is not legal advice. It is presented
for informational purposes only.