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Ford Motor Company is facing a class action lawsuit that alleges some of its vehicles are prone to sudden unintended deceleration, which poses a significant safety risk to the vehicle’s occupants and other motorists.
Plaintiff Silvia Franco asserts that certain Ford, Lincoln and Mercury vehicles are equipped with a defective electronic throttle body control system (ETB), which may lead the vehicles to experience sudden unintended deceleration.
According to the Ford class action lawsuit, the motor company has been aware of the ETB defect but has failed to take measures to mitigate the risk posed by sudden unintended deceleration, failed to fix the problem, has not adequately warned about the risk of sudden unintended deceleration and has not provided instructions to drivers about how to handle the problem should it arise.
“Rather, it has downplayed and covered up the problem, has not repaired the Defective Vehicles, and has not offered to reimburse the Defective Vehicle owners for costs they incurred to identify and repair the defect,” Franco alleges in the Ford class action lawsuit.
The Ford class action lawsuit asserts that the ETB defect occurs due to potential problems with the computer code or electrical connectivity, which causes the electronic signal to the engine control module to misinterpret the throttle position, causing the vehicle to unintentionally decelerate.
Franco alleges that Ford has been aware of the sudden unintended deceleration issue for a long time but that it has initiated a “secret recall,” which is performed under a program the motor company calls a “customer satisfaction program.” However, this program, which allegedly doesn’t cover all affected models, fails to offer adequate relief, the Ford class action lawsuit alleges.
Franco, a resident of San Diego, says she purchased a 2012 Ford Explorer in 2014. According to the Ford class action lawsuit, she experienced a sudden unintended deceleration event when driving the vehicle on Interstate 5 in June 2016. She says she has experienced two other sudden unintended deceleration events while driving her Explorer.
According to the Ford class action lawsuit, Franco purchased the Ford Explorer because she believed it was safe. She says she would not have purchased the vehicle if she had known about the ETB defect and that it was unsafe and potentially deadly to her and other motorists.
By filing the Ford class action lawsuit, Franco seeks to represent a Class of consumers who purchased or leased a Ford, Lincoln or Mercury vehicle that was equipped with a defective electronic throttle body system. The vehicles that are allegedly affected by this ETB defect include:
- 2011-2014 Lincoln Mark LT with 3.5L and 3.7L engines
- 2011-2016 Lincoln MKX with 3.7L engine
- 2013-2016 Lincoln MKZ with 3.7L engine (base and Black label models)
- 2013-2016 Lincoln MKT with 3.7L engine (base model)
- 2013-2015 Lincoln MKS with 3.7L engine (base model)
- 2011-2016 Ford Edge with 3.5L engine
- 2011-2014 Ford Edge with 3.7L engine
- 2015-2016 Ford Mustang with 3.7L engine
- 2011-2014 Ford Mustang (base, GT and Shelby models)
- 2013-2015 Ford Taurus with 3.5L engine
- 2011-2014 Ford F-150 with 3.7L engine
- 2015-2016 Ford F-150 with 3.5L Duratec V6 engine
- 2011-2016 Ford Explorer with 3.5L Duratec V6 engine
The Ford class action lawsuit asserts claims for violations of the California Consumers Legal Remedies Act, Unfair Competition Law, breach of the implied warranty of merchantability, breach of express warranty, and declaratory relief.
Franco is represented by Timothy G. Blood, Thomas J. O’Reardon II, and Paula R. Brown of Blood Hurst & O’Reardon LLP; Craig M. Nicholas and Alex M. Tomasevic of Nicholas & Tomasevic LLP; Ben Barnow and Erich P. Schork of Barnow and Associates PC.
The Ford Sudden Unintended Deceleration Class Action Lawsuit is Silvia Franco v. Ford Motor Company, Case No. 3:17-cv-00161, in the U.S. District Court for the Southern District of California.
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73 thoughts onFord Class Action Says Vehicles Prone to Sudden Unintended Deceleration
The foes edge has been giving me and my son problems and also the brakes is something that the dealership can only fix I paid money on top of money to get it fix one thing after the other , dors wanted to charge me 1300 or more to fix brakes also I had the throttle fixed then something else would break down , now I have to car of my own my car I. Sitting in y driveway motor went out
I have a 2013 Ford Explorer that the wrench light came on and vehicle went into limp mode several times, at one point we were in the middle of intersection with light and it went into limp mode. Had to pull it over to the side out of traffic. Car would only go up to about 5, we tried pulling it over and cutting engine off and back on again to try to limp back home. It would not even go up to 35. This would be scary in the middle of Houston traffic and it happened, you could get killed. Took to dealership and we told them about the recall, they acted like it didn’t matter. The dealership kept for about 3-4 weeks and we spent $1,152.48, still didn’t fix that problem. The dealership acted like it was a leaking transmission that had nothing to do with it. We called the service manager and he said we could bring vehicle back in and he would look at it. We decided to order throttle body assembly our selves from Arnold Oil and we installed it our self and it seems like it might have helped. We only have 98,092 miles on our vehicle. Can we still join the lawsuit?
We owned a 2016 new Ford Explorer V6. It came to a point I refused to drive our new car any longer. Multiple situations that put me and my family at risk.
1. Driving 70mph down highway and car jerked and on its own reduced to 35 mph in the middle lane with fast moving traffic. If the person behind us had been any closer and unable to slow down in time- I cringe to think of what could’ve happened. Ford did nothing and said vehicle was fine.
2. Started to drive through a major intersection, after entering intersection the vehicle again deaccelerated and before we could get through the light changed. Ford tried to fix and thought issue resolved
3. Again on a major road and car deaccelerated – ford again said they fixed and had my car for over a month
4. Pulling boat out of the water on an incline, when the car started to drive forward the issue happened again and started to go back towards the water. We had it towed along with our boat to the nearest dealership,
after that I refused to ever be in that car again…I was afraid of something catastrophic happening.
Please add me to this class action suit
I’m Canadian my 2016 has the throttle box issues as well. Would we be eligible to join the law suit?
2013 Ford Edge bought in GA, just started having the same issue. Paid $700 to the dealership but they didn’t even fix it. Finally was informed by another mechanic of this issue and this class action lawsuit with these models.
Add me
Same with my 2013 Edge. Had it towed last night to the Ford service dept. Explained what happened, the guy couldn’t understand what I was talking about. He tried to start it 3 times and was finally able to move it. All he kept saying was I needed new tires soon and they had good deals, and what did I do when it started to do this. I said “driving home from work!!” We get regular maintenance at this dealership. He also said that he’s never heard of anything like happening and if I was sure that’s how . $160 for diagnosis.
They claim to know of no outstanding recalls or any class actions regarding the 2013 Edge
Had the same experience with our 2013 Edge. Had at dealership for 4 wks yo “fix” issue and it was not.