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The rear tailgates in 2002 through 2005 model year Ford Explorers, Mercury Mountaineers and Lincoln Aviators suffer from a defect that causes them to crack, according to a federal class action lawsuit against Ford Motor Company.
Plaintiffs allege in the Ford class action lawsuit that Ford knew, or should have known, about the defective tailgates because it received thousands of complaints about the defect, but has failed and refuses to recall the vehicles to fix the problem. The tailgate defect in these Ford vehicles not only causes them to crack, but it also poses a safety risk to drivers and diminishes the vehicle’s value, says the class action.
The Ford defective rear tailgate class action lawsuit is brought on behalf of all current and former owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountaineer or Lincoln Aviator residing in the United States. It also includes the following proposed subclasses:
(I) All original owners and lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(II) All original owners and lessees of these vehicles who have not yet repaired or paid another person to repair a damaged rear tailgate.
(III) All subsequent owners or lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(IV) All subsequent owners or lessees of these vehicles who did not repair or pay someone else to repair a damaged rear tailgate.
The Ford cracked tailgate class action lawsuit is alleging violation of the Magnuson-Moss Warranty Act for failing to remedy the defective rear tailgate in the Class vehicles within a reasonable time and without charge; unfair competition for concealing the known defects; breach of express warranty for failing to repair the vehicles under warranty; and more.
It is seeking class certification, restitution, injunctive relief, attorneys’ fees and costs, and other relief.
A copy of the Ford Explorer, Mercury Mountaineer & Lincoln Aviator Defective Tailgate Class Action Lawsuit can be read here.
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151 thoughts onFord Defective Cracked Tailgate Class Action
My 2004 Explorer has had this crack for years. I can’t even remember exactly when it happened. I’ve noticed so many others with the same crack that I believed Ford had to know and would be doing something about it. When googling, to my shock, I came across this site. Unbelievable. I wish to be included in the class action.
I too have a 2004 Ford Explorer with the same cracked tailgate. How can I be added to this class action lawsuit?
The panel on my 2005 Avaitor has also cracked. The dealer refuses to admit the Lincoln has a problem so my next vehicle will not be a Ford product after being a loyal customer for 20 years.
My 2005 Aviator has also cracked. I cannot get my local dealer correct the problem so I will no longer be driving a Ford product after being a loyal customer for the last 20 years.
I have spoken with Ford Customer Relations 2 in last 2 days and they are still saying that they will not doing anything about this. I own a 2004 Ford Explorer and it has had a crack in it for about a year now. I refuse to pay for the repair b/c I believe that it is indeed a flaw and that Ford should recall the vehicle. I think they are scared b/c of how many they will have to fix. I hope the above lawsuit goes through and we can all get our wehicles fixed.
I owned a 2002 Mercury Mountaineer that had the crack in the rear lift gate at the emblem. I now own a 2005 Aviator that has cracked and was replaced and within less than a year cracked again. It may not be a safety issue, but it is an issue if you want to trade in or sell the car, not to mention, it looks horrible when the rest of the vehicle looks good. The cost to replace is around $700, also not good! I’m all for taking it off and having just glass and no emblem. It’s obvious that the emblem weakens the material and causes the crack when opening and closing the window or even the weather conditions. I too wish Ford would step up and take care of this issue.
I am from Winnipeg Manitoba Canada & I am the 2nd owner of an 03 Eddie Bauer Explorer..The original owners informed me the rear door panel cracked & it was replaced under warranty..However,that one cracked in 2 places I bought it like that & it sure looks nasty!! I have also seen many Eddie Bauers here that have the same problem..Oh ya,I had to get the transmission completely rebuilt “with the updated parts kit” & it only has 70,000 miles.. Other then those 2 things,I love it!!
Let’s start with my rear window falling off the hinges randomly when I hit the remote button for my 04 Explorer. I am the original owner of this vehicle and that is just where it starts. Next up is the peeling paint on my hood which I was told by a Ford Service man that it was in fact a defect but they wouldn’t fix it. That made me laugh. Now, just yesterday, I walked out to my car and saw that my tailgate has now joined the “crack gate club” Is this how Ford chooses to handle such an obvious problem? By not fixing it? By not making it right? This is my 3rd and last Ford product. I had similar non-responsive issues with my Windstar..which was a disaster. They didn’t even want it on a trade in when I purchased my Explorer but they took my Honda off my hands no problem. Why should I buy another Ford product when clearly, this issue is another defect? My money has value and they don’t deserve customer loyalty if they can’t own up to something this obvious. If they want my money, they will have to earn it. So far, it’s a no.
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After much Googling this is who is heading the case. I rcv.’d a quick email response with the actual lawsuit. So this is how I added my name to the list!
Same problem with a 2004 explorer