Ford Focus Class Action Says Engine Defect Should Be Repaired for Free

A class action filed by a Florida man is calling Ford on the carpet for refusing to fix an alleged defect in the engines of Ford Focus vehicles.

Plaintiff Jon Rivera says Ford Focus vehicles from model years 2012 through 2015 were built with a defective evaporative emission control system, or EVAP system. He alleges defendant Ford Motor Co. knows about the defect but has refused to fix it free of charge.

In the Ford Focus vehicles at issue, the EVAP system takes fuel vapors from the fuel tank and stores them in a charcoal canister.

When the engine is running, the system directs vapors from the canister into the engine. Controlling the vapor intake this way reduces vehicle emissions.

The defect allegedly lies in the system’s purge valve, the valve that regulates the intake of fuel vapors into the engine. This defect causes the purge valves to stick in the open position.

The open valve allows liquid fuel, not just vapors, to flow through the EVAP system and into the engine, causing the vehicle to hesitate or stall while running.

According to this Ford Focus class action lawsuit, Ford has refused to repair the problem free of charge, despite repeated requests from Ford Focus owners to do so.

Rivera alleges that Ford is clearly aware of the defect thanks to information conveyed to its dealerships, complaints filed with the National Highway Traffic Safety Administration by Ford Focus owners, and the company’s own internal documents.

But despite Ford’s awareness of the problem, Rivera says the company has neither recalled the affected Ford Focus vehicles to repair the defect, nor has it offered to reimburse customers who pay for the repairs out of their own pockets.

Rivera says he bought his own Ford Focus in May 2013 from a dealership in Florida. In October 2016, he says the engine started idling erratically. As the problem progressed, the car started stalling while it was being driven.

He also says the car’s fuel gauge started acting up, indicating vastly different levels of fuel at different moments.

Rivera says his Ford Focus has stalled at speeds of over 50 miles per hour. He says other proposed Class Members report their vehicles’ engines have lost power and shut off without warning at speeds over 45 miles per hour. Class Members have also reported erratic fluctuation in the fuel gauge reading, he says.

His Ford Focus class action lawsuit raises claims for violation of consumer fraud statutes of Michigan and Florida, as well as common law claims for fraud, negligent misrepresentation, and unjust enrichment.

He alleges both the defect and Ford’s refusal to fix it have caused him and the potential Class Members economic losses in the form of out-of-pocket expenses for repairs and diminishment of the value of their Ford Focus vehicles.

Rivera is proposing to represent a nationwide Class consisting of all persons in the U.S. who are current or former owners of a Ford Focus from model years 2012 to 2015. He is also proposing two subclasses consisting of Class Members from Michigan and Florida.

He seeks an award of damages, restitution, court costs and attorneys’ fees, all with applicable interest.

Rivera is represented by attorneys E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC and Joseph G. Sauder, Matthew D. Schelkopf, Joseph B. Kenney, Richard D. McCune and David C. Wright of McCuneWright LLP.

The Ford Focus EVAP System Defect Class Action Lawsuit is Rivera v. Ford Motor Co., Case No. 2:16-cv-13786, in the U.S. District Court for the Eastern District of Michigan.