Ford Owner Fights Dismissal of F-150 Door Latch Class Action

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UPDATE 3: October 2020, the Ford door latch class action settlement is now open. Click here to file a claim.

UPDATE 2: On March 5, 2020, Ford agreed to pay $5.3 million to settle customers’ claims that the door latches in F-150 trucks do not latch in frozen conditions. Now, the settlement awaits preliminary approval in New York federal court.

UPDATE: On Aug. 6, 2018, a judge denied a motion by Ford Motor Co. to dismiss a class action lawsuit alleging certain Ford F-150 pickup trucks had door latches that failed to latch properly in freezing temperatures.

The plaintiff in a class action lawsuit alleging the doors on Ford F-150 trucks fail to latch properly in freezing conditions urged a New York federal judge to drop Ford’s motion to dismiss the case.

Lead plaintiff Brandon Kommer alleged in his class action lawsuit filed earlier in the year that a defect in the doors of late-model Ford F-150 trucks cause them to fail to latch in below-freezing temperatures contrary to Ford’s tag-line “Built Ford Tough.”

Ford slammed the class action with a motion to dismiss arguing the plaintiff’s reliance on Ford’s advertising was not adequate.

Kommer shot back, arguing that Ford has been aware of the serious defect that causes the doors to fail to latch for years. “While Ford’s defective vehicle is itself troubling, Ford’s conduct is even more disconcerting as Ford has known about this serious problem for years,” the plaintiff states in his opposition motion.

Ford also contends that the plaintiff’s arguments based on advertising, such as Ford’s promise that its trucks are “Battle-Tested” and provide “Rock Solid Durability” constitute “mere puffery.” Ford pointed out that case law holds that subjective claims “which cannot be proven either true or false,” are not actionable.

“Such statements in the context of product advertising amount to ‘puffery,’ and because they include broad and vague generalities about a product, rather than any specific guarantees about a product’s particular characteristics, they cannot form the basis of a claim under New York’s consumer protection statutes,” Ford states.

“But even if they were actionable,” Ford continued. “Mr. Kommer has failed to allege any justiciable injury. Accordingly, Mr. Kommer’s action should be dismissed.”

According to the plaintiff, taking into account the alleged defect, his claims in the class action based on Ford’s statements remain actionable under New York General Business Law.

“This essential and omitted fact belies Ford’s affirmative statements about the toughness, safety, durability and reliability of its F-150 vehicles,” argued the plaintiff. “In the case of product advertising — precisely what is at issue here — the court must consider the alleged false impressions in light of their context and the marketing of the product as a whole. The court is not to dissect each representation in isolation, but to view the advertising claims as they exist in the context of the whole product offering.”

In opposition, the class action plaintiff also pointed out that two separate service bulletins were issued by Ford concerning the alleged defect, but never took steps to inform consumers about the problem.

“Suffice it to say,” says the plaintiff in his motion. “A reasonable consumer, who lives or drives in the state of New York, where temperatures often fall below freezing from October through April, would have a reasonable basis to want to be informed (much like Ford’s engineers and technicians) that the doors on the F-150 vehicles may not latch any time temperatures drop below 32 degrees Fahrenheit.”

Kommer is represented by attorneys Jeffrey I. Carton, Robert J. Berg and Myles K. Bartley of Denlea & Carton LLP.

The Ford Defective Doors Class Action Lawsuit is Brandon Kommer v. Ford Motor Company, Case No. 1:17-cv-00296, in the U.S. District Court for the Southern District of New York.

UPDATE: On Aug. 6, 2018, a judge denied a motion by Ford Motor Co. to dismiss a class action lawsuit alleging certain Ford F-150 pickup trucks had door latches that failed to latch properly in freezing temperatures.

UPDATE 2: On March 5, 2020, Ford agreed to pay $5.3 million to settle customers’ claims that the door latches in F-150 trucks do not latch in frozen conditions. Now, the settlement awaits preliminary approval in New York federal court.