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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
I have the same problem with our 2014 Ford Fusion. It decelerates on us at any given time it wants to. The dealer said it would cost $500 to have it fixed. He said if we did not get it fixed, it would leave us stranded on the side of the road!! Or possibly decelerate at any given time!! The 2014 Ford Fusion should be included in this class action lawsuit!
I had this problem with my 2010 Ford Fusion. I did have the throttle body replaced. It decelerated in 5 pm traffic on a major highway. Thankfully, the good Lord was looking out for me!
I have the same problem with my 2015 Ford Focus. I have carried it the service department several times. They stated there is nothing wrong with the car. It is really driving in the city when I have to drive where there several stoplights. It jumps so bad that I feel like the car is going to cut off. Please keep me posted.
I had a 2014 Ford fusion that gave me the same problem I would accelerate and it you continue accelerating after I would take my foot off the peddle . I no longer have the vehicle i am now in a 2015 Ford Escape I am definitely paying attention to detail after reading this class action ..
My f150 has the same issue I took it back for the recall now it is worse than before, how do we join this class action?
My 2014 Ford Escape has done this very thing not only does it excelerate it also goes the other way my husband did not believe me until it happened to him why do you have to wait until someone gets hurt or dies to respond
Happens to my escape as well 2014. I’ve had to put in 2 turbos since 2014 and ford doesn’t see a problem with this! Ford has gone to shit! Will never buy another one!!
Hello, I need help concerning the Chevy Traverse, I was driving when suddenely without warning the steering refused to drive in the direction of the street and the brakes stopped working…This incident forced the vehicle off the street and into an oak tree in Tampa, Fl
My left eye and nose were injured, a bone and disks in my back were broken..And both hands were also injured…..
HELP
How do I join this? I had a 2012 mustang that had this issue. I ended up trading it in with a huge loss due to safety concerns. Please let me know. Thanks
how do you apply for this?
Should also include Ford Flex. I have a 2009 with the same issue! My mother has a Ford Edge that she literally just had in the shop and they replaced the throttle body. My husbands ’13 Ford Fusion is going in this week to see what’s up with it. FORD get your act together!!!! I never had an issue with my Nissan Altima!!!!
This should also include the 2014 Ford Fusion, mine does that & also has sudden unintended acceleration.
Had to get a new waste gate regulating valve & Solenoid Assembly Turbo.
Now the car won’t start after putting in gas, you turn the key & the electronics come on but when you put in gear & push on the gas nothing happens. Have to rev the engine as soon as you start it so it doesn’t cut off. I purchased this car new & have kept up with the maintenance but I’m so disgusted that there is constantly a problem that the dealer can never seem to figure out!