Ford Faces Nine Certified Classes Over Alleged Touchscreen Defects

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A California federal judge has certified nine different class action lawsuits against Ford Motor Co.’s MyFord Touch, MyMercury, and MyLincoln Touch infotainment systems, that allege the automaker sold vehicles with faulty touchscreen systems, posing a danger to drivers.

U.S. District Judge Edward Chen approved the class action status for Ford owners who purchased at least one Ford vehicle with the touchscreen infotainment system in California, Colorado, Massachusetts, New Jersey, North Carolina, Ohio, Texas, Virginia and Washington.

Each of the nine Classes brings its own set of claims related to breach of warranty, unfair trade practices, fraudulent concealment and other various other allegations, including that the touchscreen defect resulted in the failure of safety functions such as rear view cameras and functioning navigation systems.

“While ascertaining whether someone has purchased a used vehicle would be problematic if the vehicle were purchased directly from another consumer, or from a non-Ford dealer following a trade-in, these consumers are expressly excluded from the classes,” Judge Chen wrote in the order.

“And the nature of the alleged wrongful conduct by Ford is alleged to be materially the same: all plaintiffs allege that Ford misrepresented the abilities of the MFT system which was substantially defective, and then attempted to conceal that system’s defects,” the judge further noted.

The Touch systems were first introduced into Ford vehicles in 2010 with the promise of touchscreen operating of audio and navigation systems, the ability to make phone calls, manage climate systems and play music from their smartphones.

But according to Ford drivers, the touchscreen infotainment systems have encountered a lengthy list of problems that can be particularly dangerous to drivers.

Specific assertions about the Touch infotainment systems flaws are that the interface is highly defective often crashing or freezing while the vehicle is in motion and that the system fails to respond to repeated commands, provides inaccurate GPS information and fails to connect to phones and other mobile devices.

The owners claim that the Ford Motor Company knows of the touchscreen defects but has yet to offer an appropriate remedy.

The certified class action lawsuit additionally alleges that Ford engaged in fraudulent and deceptive business practices regarding the MyTouch systems.

One of the class action lawsuits was originally filed in July 2013 by the Center for Defensive Driving on behalf of customers who bought Ford, Lincoln or Mercury vehicles with the MyFord Touch systems.

The CDD claims that “when the MyFord Touch System crashes, it leaves drivers without functioning navigation systems, rear-view cameras, defrost systems and speedy 911 access.”

The CDD MyFord Touch lawsuit cites an incident involving a salesperson at a Ford dealership promoting the value of the MyTouch systems despite knowing of the glitches and the failures regarding Ford’s efforts to fix the issues.

The Los Angeles based non-profit organization brought the class action lawsuit against Ford reportedly once it was determined they would not be able to resolve the issue directly with the automaker.

The CDD calls the MyFord Touch an “unmitigated disaster for Ford” since its release.

“At best, what consumers paid for amounted to a pricey inconvenience, failing to live up to even the most basic of Ford’s gilded promises,” Steve W. Berman, who represents the Ford owners said in a press release Wednesday. “But in the worst scenarios, the failed MyFord Touch system’s defects can be a hazardous distraction to drivers.”

A trial is currently scheduled for April 2017.

The plaintiffs are represented by Steve W. Berman, Craig Spiegel, Tyler Weaver and Catherine Y.N. Gannon of Hagens Berman Sobol & Shapiro LLP, Roland Tellis and Mark Pifko of Baron & Budd PC, Adam J. Levitt, Jeffrey A. Almeida and Kyle McGee of Grant & Eisenhofer PA and Nicholas E. Chimicles and Benjamin F. Johns of Chimicles & Tikellis LLP.

The Certified MyFord Touch Defect Class Action Lawsuit is In re: MyFord Touch Consumer Litigation, Case No. 3:13-cv-03072, in the U.S. District Court for the Northern District of California.

UPDATE: On Nov. 9, 2016, the MyFord defect class action lawsuit plaintiffs say they have more claims to add to the litigation.

UPDATE 2: On Nov. 22, 2016, a federal judge withdrew certification of four state Class claims under California, Ohio, Texas and Virginia consumer protection laws.

UPDATE 3: On Feb. 14, 2018, class action claims over an allegedly defective touch screen in Ford vehicles will largely be allowed to continue, following a federal judge’s order.

UPDATE 4: On June 1, 2018, a class action settlement has been reached between Ford and a group of consumers who allege that the car company sold vehicles with defective touch screens.

UPDATE 5: On Feb. 7, 2019, a revised $17 million proposed settlement offer is before a California federal judge that could end a Ford class action lawsuit over allegedly defective MyFord touch screens.

UPDATE 6: May 2019, the MyFord Touch class action settlement is now open. Click here to file a claim.