Ford Class Action Says Vehicles Prone to Sudden Unintended Deceleration

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.