Ford Gets Some Claims Trimmed from Door Latch Defect Class Action

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On Monday, a California federal judge trimmed claims from a class action lawsuit alleging certain Ford vehicles were sold with a door latch defect that cause “door ajar” warnings that prevent the doors from locking.

U.S. District Judge Edward M. Chen dismissed some claims from the Ford class action lawsuit after finding the plaintiffs failed to sufficiently allege Ford’s provision of only a temporary fix for the door latch defect breached warranty agreements and breached consumer protection laws in some states.

“The warranty permits Ford simply to make ‘adjustments’ to correct the malfunctioning part,” Judge Chen wrote in his order. “Although this adjustment may not have prevented eventual recurrence of corrosion and malfunctioning of the sensor after expiration of the warranty, the warranty does not appear to require Ford to do anything more.”

Judge Chen dismissed some of the plaintiffs’ consumer protection claims because they did not purchase their vehicles from a Ford dealership. Consumers who bought their vehicles from private parties or used-car dealerships cannot prove they relied on a Ford agent to disclose any known defects, the judge said.

However, the judge agreed with the plaintiffs that Ford’s failure to disclose the alleged door latch defect was a material omission. The plaintiffs claimed that they would not have purchased their Ford vehicles if Ford had disclosed the door latch defect.

Judge Chen noted that the strength of the plaintiffs’ claims depends on their specific state’s consumer protection statutes. The plaintiffs who purchased vehicles from Ford dealerships in California and Illinois may pursue claims under those states’ consumer protection laws, the judge said.

The Ford door latch defect allegedly arises because the electric current that flows through the electrical contact has a voltage too low to prevent surface film from accumulating, affecting the sensor’s accuracy. This contamination interferes with the voltage readings and falsely communicates to the Body Control Module (BCM) that a closed door is open, triggering audible and visual warnings.

Additionally, all of the interior lights become illuminated and the vehicles’ doors are unlocked and cannot be manually relocked, the Ford class action lawsuit says. Several consumers have reported their vehicles experienced a drained battery due to the alleged Ford door latch defect.

The Ford class action lawsuit claims that the faulty door latch defect typically manifests outside the warranty period; therefore, the vehicle owners often have to pay out-of-pocket costs to fix the issue. Many Ford owners complain that they continued to have the door ajar alert problem after having the issue repaired and have had to pay for further repairs.

The plaintiffs are represented by Ben Barnow and Erich Paul Schork of Barnow and Associates PC; Timothy G. Blood and Leslie Hurst of Blood Hurst & O’Reardon LLC; Courtney L. Davenport of The Davenport Law Firm LLC; Matthew David Schelkopf of McCuneWright LLP and Richard L. Coffman of Coffman Law Firm.

The Ford Door Latch Defect Class Action Lawsuit is Baranco v. Ford Motor Company, et al., Case No. 3:17-cv-03580, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 26, 2018, consumers managed to salvage claims for breach of warranty and consumer protection in a class action lawsuit alleging certain Ford and Lincoln door latches are defective.