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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
Whenever I inquire with the dealership, they state there is no recall for,this,vehicle. How should,I,handle,this? I have the 2013 MKS
2013 MKS
aDD mE
How do i get on the class action suite? I just went through something very similar and was told by ford that nothing can be done.
I have the same problem with my 2013 Ford Escape. I took it back to Ford a few times, but they couldn’t duplicate the problem. It should I’ll does it but is out of Warranty now!
Please add me to this class action suit
[QUOTE=2000fordf1504x4Bridg;5764714]
I had similar issue last weekend in my 2015 f150 platinum ecoboost while pulling my boat on smooth level ground at 50 mph. No hill assist flashed first, then traction control, then flashed check engine warning. Engine stayed on but in idle only with no throttle control, lost power steering too. Got to side of road. Pumped throttle. No response. Turned off. Restarted and cranked little longer than normal and started but idling rough. Turned off again. Restarted. Smooth that time. Dropped in gear and drove 4 hours home in sport mode at 75 mph. No more issues last week till yesterday morning. Drove wife to dr on our 45 mile back country roads. Issue came back. This time ran rough when restarted. Then smoothed out. Did it 3 more times on way there. Which was 6 miles. On way home, reoccurred multiple times never getting it above 40 miles per hour before happening again. Called 3 tow companies, all were 2 hours out. Limped it home with flashers at 25 mph. Called dealership. Have tow truck picking it up Monday am to take into diffee ford in el Reno. They said possible sensor issue. 61,340
Update, Took to dealer, said not covered under warranty.
BL3Z*9E926*B Throttle Body & Motor Assy $228.21
AT4Z*9E936*A Gasket $6.03
Labor $149.00
Misc Charges $14.95
Tax $22.05
I asked them to resubmit to ford, under the EPA Ford Emissions warranty, which clearly states in the owners manual, up to 80,000 miles, this part would be specifically covered, and gave them a written copy from the manual. The service manager said they had never filed for that under warranty under the Emission coverage before for past ones they changed, but would try.
He said they would try, and if they got it covered, would reimburse me for my $420.74, but not for the towing fee I incurred, or the cost of the rental I had to get.
Will wait to see how it turns out, and escalate if they don’t pony up under the EPA Extended warranty coverage on that specific line item. See below right from the owners manual.
the warranty coverage period for:
• Passenger cars, light duty trucks (applies to vehicles up to 8,500
• pounds GVWR)
— The emission warranty coverage period is 8 years or 80,000 miles
(whichever occurs first) for catalytic converters, electronic emission control units, and onboard emissions diagnostic devices.
****Update 5/16/2018 Ford’s response to the dealer was warranty declined. Ford refused to honor their warranty stated in their owners manual.
I have a 2015 Ford Five Hundred and about 2 years ago there was a recall for the throttle body. We took it in and they “fixed” it. It’s now doing it again. It’s dangerous because it goes into failed safety engine mode while driving and you can not accelerate. Do we qualify for this Law suit?
I have a 2013 Ford Fusion se and happend to me too, how do i joint the lawsuit
I have a 2013 Ford Fusion SE and that happend to me too. How do i joint the lawsuit.
My 2016 did the stop in the middle of 65 mph traffic.