Courtney Jorstad  |  March 25, 2015

Category: Consumer News

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ford class action lawsuitFord Motor Company was hit with a class action lawsuit alleging that some model years of the Ford Fiesta and the Ford Focus come with an automatic transmission that is defective and potentially dangerous.

Plaintiffs Kevin and Andrea Klipfel of California are the owners of a 2013 Ford Focus and a 2013 Ford Fiesta that came equipped with the PowerShift Transmission, which they paid an additional$1,095.00 to have in their cars instead of the standard manual transmission, according to their Ford class action lawsuit.

In April 2014, when the Focus had about 14,000 miles on it, the Klipfels began having problems with the car “erratically shifting in second and third gear,” and they brought it in to a local Ford dealer to have it looked it. After reprogramming the powertrain control module and the transmission control module, the technician said that that car was okay.

In December 2014, when the Ford Focus had about 24,000 miles on it, they brought it back to the dealership because it was “exhibiting transmission symptoms,” however the service advisor “could not find a problem.”

According to the defective transmission class action lawsuit, the Klipfels have had a similar situation with their Ford Fiesta and took it into the dealership in December 2014, when the vehicle had about 21,000 miles on it because it “had a very sluggish shift between the first and second gears and that the upshift bogs down like the vehicle might stall.”

The Ford vehicle technician reprogrammed the powertrain control module and the transmission control module, as had been done on the Focus, and said that it was “working as designed.”

However, the Klipfels claim in their Ford class action lawsuit that both vehicles “continue to experience the transmission defect, including, but not limited to, bucking, kicking, jerking, harsh engagement, and delayed acceleration and lurching.”

These symptoms of the transmission defect pose “a safety hazard because they severely affect the driver’s ability to control the car’s speed, acceleration, and deceleration,” the Ford transmission defect class action lawsuit explains.

“Even more troubling, the transmission defect can cause the vehicle to fail to downshift and decelerate when the brakes are depressed,” the Klipfels explain. “As a result, plaintiffs and class members have experienced their cars lurching forward into intersections at red lights due to the failure of their braking efforts to stop the car.”

According to the Ford class action lawsuit, there has been over 500 complaints filed with the National Highway Traffic Safety Administration over the alleged transmission defect, claiming that it has caused accidents and several near accidents and put drivers and their families in dangerous situations.

The Klipfels allege in their class action lawsuit that the problem is that Ford designed an automatic transmission that is supposed to be more fuel efficient. However, “it lacks a torque converter instead using two ‘dry’ clutches to directly connect and disconnect the engine to and from the transmission. Whereas other ‘automated manual’ transmissions on the market use ‘wet’ clutches bathed in oil, Ford’s PowerShift Transmission clutches lack the oil pumps and other components of a wet clutch system, and instead operate ‘dry.'”

This they claim is the source of the problem, as both the Ford Focus and Fiesta “have the same design and components,” which they also allege Ford knew about since at least 2010 and has actively concealed.

This Ford transmission defect class action lawsuit is for anyone across the country who has “purchased or leased any 2011 through 2015 Ford Fiesta or 2012 through 2015 Ford Focus vehicles equipped with a PowerShift Transmission.”

The Klipfels are also proposing a California sub-class, a California Consumer Legal Remedies sub-class and a nationwide implied warranty sub-class.

The defective transmission class action lawsuit claims that Ford violated the California Consumer Legal Remedies Act, violated the California business law, violated breach of implied warranty according to the Song-Beverly Consumer Warranty Act in California, breach of warranty under the Magnuson-Moss Warranty Act, breach of express warranty, and unjust enrichment.

The Ford class action lawsuit was originally filed in California state court on Feb. 20, but was transferred to a California federal court on Monday.

The plaintiffs are represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.

Ford is represented by John M. Thomas and Tamara A. Bush of Dykema Gossett PLLC.

The Ford Transmission Defect Class Action Lawsuit is Klipfel et al. v. Ford Motor Co., Case No. 2:15-cv-02140, in the U.S. District Court for the Central District of California.

UPDATE: October 2017, the Ford PowerShift transmission class action settlement is now open. Click here to file a claim. 

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478 thoughts onFord Hit With Class Action Over Fiesta, Focus Transmission Defect

  1. Jose Martinez says:

    Mi carro ya lleva 3 meses en el diler y dicen que va a tardar de 3 a 6 meses más por que están muy atrasados con al TCM. Y no le ofrecen a uno un vehículo asta que reparen el de uno, eso es desesperante. Ojalá y ahiga alguien que lo pueda ayudar a uno.

  2. Héctor D Guzmán Soriano says:

    Mi problemas es que las reparacion

  3. David feltner says:

    I’ve sent my paperwork to the claim center and waiting for a reply from them but nothing yet any idea when we can expect someone to get back with us?
    Thanks

  4. Natasha Walker says:

    Does the warranty on the 2013 Ford Fiesta cover the replacement of the clutch ?

  5. Susan King says:

    Even if you are part of a lawsuit, it has taken years and everyone is still waiting for Ford to settle the situation. This is really sad for Ford. Many people have never owned anything but fords and many will never buy Ford again and will tell everyone they know about how poorly Ford has handled their obvious problems with these fiestas and focuses. Whatever happened to customer satisfaction? I bought furniture a year again when the company called me to see if I’m still please with the purchase. I’ll go back there when I need more furniture.
    As soon as I leave ford after service they send a survey. Every owner of Fiesta and Focus should return those surveys with what we really think about their company.

    1. d gray says:

      I had the exact same problem with Ford. Transmission control module is STILL malfunctioning on my car and Ford refuses to fix the car. I took my car in two weeks after purchasing to complain about it, and several times after while still under warranty. Now since the recall, Ford tells me it’s my problem. I brought the car in and they put it on the diagnostic and told me that I need a TCM, and it will cost me over $1500. Well DUH!!!!! My entire large Southern family has bought nothing but Ford since WWII, but they screwed Mama Bear. My daughter can’t wait to get out from under her F-350, and the rest of my family has followed suit. There was a time when I wouldn’t be caught dead in a foreign car, but I recently purchased a used 2006 Hyundai to back me up for when my 2012 Ford breaks down, which it currently is. Thing is, the Hyundai has 260,000 miles on it, and I trust it to the moon and back.

  6. Alan Young says:

    My 2012 Ford Mondeo titanium x powershift whilst in drive would for no reason `jump` out of gear and roll to a halt, no matter if it was in manual or auto….In fact one day, according to the dash speedo, it shifted into gear No 7 !!……If I had been on a motorway or any fast road I dread to think what may have happened…….Got rid of it very quickly…..No trouble at all with the Vauxhall Insignia I got afterwards….

  7. Kimberly S Adcock says:

    Need to extend it to the 2017 Focus. They do the same thing. I already have replaced 2 clutches in just over a year.

  8. PAUL MELLENTINE says:

    2013 FORD FOCUS TRANS PROBLEMS THEY REPLACED THE TRANSMISSION CONTROL MODULE TOLD ME THE PART WAS COVERED BY THE RECALL 14M02 BUT CHARGED ME $570.00 FOR LABOR IS THIS RIGHT?

    1. Brittany says:

      No, I’ve had to replace mine twice and have never had to pay for labor. I’ve also had to have the clutch replaced a few times as well as a software flash and they have never charged me labor.

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