Class Action: Ford Misleads Owners on Fusion Hybrid Fuel Economy

Ford Motor Company was hit with a false advertising class action lawsuit in a California state court Monday, alleging that its Ford Fusion Hybrid does not perform the way the company claimed it would.

Plaintiff Dave DeLuca of Los Angeles County says in his Ford Fusion class action lawsuit filed on May 27 that he purchased a Fusion Hybrid primarily because of the claims Ford made about the vehicle’s fuel economy ability.

“Mr. DeLuca tested the car while driving under what a Ford technician called optimal conditions,” the Ford Fusion Hybrid class action lawsuit says. “Specifically, Mr. DeLuca tested the car with the windows up, the air conditioner and stereo turned off, and driving at 62 miles per hour or less.”

According to the Fusion Hybrid class action lawsuit, “Mr. DeLuca found the results to fall below the advertised performance.”

When he realized that his vehicle was not performing up to par, he took the Fusion Hybrid to the Ford dealership where he purchased the car to have it tested there.

“The Ford technician tested the car under optimal conditions and the results matched those previously recorded by Mr. DeLuca,” the class action lawsuit explains. “Ford’s regional customer service representative told Mr. DeLuca there was nothing she could do to fix the car because it was not broken.”

Not long after DeLuca’s Ford Fusion Hybrid was tested, Ford released a software update for the Fusion Hybrid that automaker said was supposed to help “increase performance and mileage.”

DeLuca had this update installed. Not long after the installation, he did notice that the car was performing better while on a road trip.

“However, when Mr. DeLuca filled his gas tank at a gas station, he realized the vehicle’s software relayed inaccurate mileage and use of gasoline,” the Fusion Hybrid class action lawsuit alleges.

In a comparison of the Fusion Hybrid with a regular non-hybrid Fusion, “DeLuca found the gas only Fusion to be perfectly accurate while the Fusion Hybrid continued to display inaccurate numbers.”

DeLuca believes that his experience is typical of other Ford Fusion Hybrid owners and lesses.

The California man is charging Ford with violating California’s Unfair Competition Law because Ford allegedly falsely advertised the performance the vehicle it was supposed to have and for saying that the software update would fix the problem and increase the vehicle’s mileage and fuel efficiency.

There is a multidistrict litigation (MDL) against Ford in a New York federal court, alleging that the car company falsely advertised the fuel efficiency in both the Ford Fusion and C-Max vehicles. The attorneys representing DeLuca said that they believe this is the first class action lawsuit filed against Ford that alleges that the Ford Fusion Hybrid software update gives owners a false impression that their vehicles are getting better gas mileage.

DeLuca is represented by Michael L. Cohen and Heather M. McKeon of Cohen McKeon LLP.

Counsel information for Ford is not yet available.

The Ford Fusion Hybrid Class Action Lawsuit is Dave DeLuca v. Ford Motor Company and Does, Case No. BC583666, in the Superior Court for the State of California, Los Angeles County.