Courtney Jorstad  |  March 25, 2015

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

ford class action lawsuitFord Motor Company was hit with a class action lawsuit alleging that some model years of the Ford Fiesta and the Ford Focus come with an automatic transmission that is defective and potentially dangerous.

Plaintiffs Kevin and Andrea Klipfel of California are the owners of a 2013 Ford Focus and a 2013 Ford Fiesta that came equipped with the PowerShift Transmission, which they paid an additional$1,095.00 to have in their cars instead of the standard manual transmission, according to their Ford class action lawsuit.

In April 2014, when the Focus had about 14,000 miles on it, the Klipfels began having problems with the car “erratically shifting in second and third gear,” and they brought it in to a local Ford dealer to have it looked it. After reprogramming the powertrain control module and the transmission control module, the technician said that that car was okay.

In December 2014, when the Ford Focus had about 24,000 miles on it, they brought it back to the dealership because it was “exhibiting transmission symptoms,” however the service advisor “could not find a problem.”

According to the defective transmission class action lawsuit, the Klipfels have had a similar situation with their Ford Fiesta and took it into the dealership in December 2014, when the vehicle had about 21,000 miles on it because it “had a very sluggish shift between the first and second gears and that the upshift bogs down like the vehicle might stall.”

The Ford vehicle technician reprogrammed the powertrain control module and the transmission control module, as had been done on the Focus, and said that it was “working as designed.”

However, the Klipfels claim in their Ford class action lawsuit that both vehicles “continue to experience the transmission defect, including, but not limited to, bucking, kicking, jerking, harsh engagement, and delayed acceleration and lurching.”

These symptoms of the transmission defect pose “a safety hazard because they severely affect the driver’s ability to control the car’s speed, acceleration, and deceleration,” the Ford transmission defect class action lawsuit explains.

“Even more troubling, the transmission defect can cause the vehicle to fail to downshift and decelerate when the brakes are depressed,” the Klipfels explain. “As a result, plaintiffs and class members have experienced their cars lurching forward into intersections at red lights due to the failure of their braking efforts to stop the car.”

According to the Ford class action lawsuit, there has been over 500 complaints filed with the National Highway Traffic Safety Administration over the alleged transmission defect, claiming that it has caused accidents and several near accidents and put drivers and their families in dangerous situations.

The Klipfels allege in their class action lawsuit that the problem is that Ford designed an automatic transmission that is supposed to be more fuel efficient. However, “it lacks a torque converter instead using two ‘dry’ clutches to directly connect and disconnect the engine to and from the transmission. Whereas other ‘automated manual’ transmissions on the market use ‘wet’ clutches bathed in oil, Ford’s PowerShift Transmission clutches lack the oil pumps and other components of a wet clutch system, and instead operate ‘dry.'”

This they claim is the source of the problem, as both the Ford Focus and Fiesta “have the same design and components,” which they also allege Ford knew about since at least 2010 and has actively concealed.

This Ford transmission defect class action lawsuit is for anyone across the country who has “purchased or leased any 2011 through 2015 Ford Fiesta or 2012 through 2015 Ford Focus vehicles equipped with a PowerShift Transmission.”

The Klipfels are also proposing a California sub-class, a California Consumer Legal Remedies sub-class and a nationwide implied warranty sub-class.

The defective transmission class action lawsuit claims that Ford violated the California Consumer Legal Remedies Act, violated the California business law, violated breach of implied warranty according to the Song-Beverly Consumer Warranty Act in California, breach of warranty under the Magnuson-Moss Warranty Act, breach of express warranty, and unjust enrichment.

The Ford class action lawsuit was originally filed in California state court on Feb. 20, but was transferred to a California federal court on Monday.

The plaintiffs are represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.

Ford is represented by John M. Thomas and Tamara A. Bush of Dykema Gossett PLLC.

The Ford Transmission Defect Class Action Lawsuit is Klipfel et al. v. Ford Motor Co., Case No. 2:15-cv-02140, in the U.S. District Court for the Central District of California.

UPDATE: October 2017, the Ford PowerShift transmission class action settlement is now open. Click here to file a claim. 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

478 thoughts onFord Hit With Class Action Over Fiesta, Focus Transmission Defect

  1. Samara Briffa says:

    ​My first and LAST Ford.

    I was sold on the colour of the lights in the vehicle. However, I was never once told about this car being a half standard/half automatic or that there was problems with accelerating.

    I was stuck in Toronto traffic when I began to feel something happening to my car. In complete fear and unsure what was happening, I thought the worst. The next day I diverted my plans to find a local dealership that happened to be open, thank goodness. I was told I actually had a transmission leak but I would be safe to drive it back home (to Windsor approx. 3.5 hrs).
    Once I returned home, I took it to the local dealership only to be told it was a clutch problem. There was “no permanent fix” and until they had one, I would have to continue calling back until there was one- oh but when Ford finds a fix, they’ll be sure to give me a rental car while they fix the problem. My car was less than a year old.

    Its now been over 8 months- and it will take me over 2 months to get a Diagnostic appointment. Which doesn’t guarantee they will fix my car, accordingly to the Service department.
    My dad use to work at Ford, and he let me know how the production line goes- Ford knows there is a problem, and they send out the car anyways. only to fix it later.
    Meanwhile they continue to sell these cars on the lot, and in the long run, you’ll be the one stuck with the transmission issue.

    Never again Ford- never again.
    It’s a disappointment this is how you treat your customers.
    I would love to see an action complaint in Canada.

    1. Sandy Dougans says:

      I am now waiting for clutch number 3 on my 2014 with only 13,000 kI have been told the clutch was in but Ford did not send seals./. Three months later still no seals and now back and neck pain from jerking. Tired of the lies is there a law suit in Canada to join.

  2. Tina Townsend says:

    I’m having the same problems with the jerking and not picking up speed when trying to merge on the freeway. I took my 2012 Ford Fiesta to the dealership numerous times during the first 30 days of purchase of vehicle. I even had to have a meeting with the owner of the dealership to try and get some help about this problem know help still having this problem at this time

  3. Dan says:

    I would like to know how to become involved in this class action suit. We have a 2012 fiesta and it’s doing the same thing.

  4. Jillian Prager says:

    My 2013 Ford Fiesta has just 18,500 miles on it (have had it for 2 1/2 years) and its so frustrating. I knew I was not getting a top notch vehicle when I purchased, but I wish I had known they were experimenting with new crappy technology before I made the investment. I will likely never be able to sell this vehicle and hopeful that I will be reimbursed for the ridiculousness of this dry automatic transmission. WHERE DO I SIGN?

  5. Angela Lucas says:

    I also have a 2012 Ford Focus which is now needing its 3rd transmission. Purchased in 9/2012, in spring of 2013 was in shop. Told nothing wrong. Kept bugging dealership. They finally pulled transmission and found seals leaking and replaced. They had my car for over a month. Next spring 2014, in again told nothing wrong. Dealership had Ford engineer check, nothing wrong per the. Finally after several visits again, they changed out transmission. Now same problem, unsafe. Going to dealer today. What Fun!!!!! I was even told that I needed to learn how to drive by Ford Motor company rep over the phone. She sent me information on haw to drive this car!!!I

    1. Jillian Prager says:

      I was told I needed to teach the car how I drive… What kind of sense does that make? I empathize with you. Never again, Ford. Never again.

      1. Becky says:

        I was told the same! I’ve brought my 2013 feista back to the shop 8 times. For the sucky transmission, along with numerous recalls. I have an attorney, and hope to settle soon!

    2. Amy J says:

      Angela….sounds like you and I have the exact same car. I finally got the 2015 clutch installed on my ’12 Focus and it’s much better (but I’ve only driven it a week since), I just can’t trust that this is truly the fix

      1. Megan says:

        Has this problem been fixed for you? I just purchased a 2013 focus and its having crazy shifting problems. Im seeing a lot of posts that this problem has been addressed several times and has still not solved the problem.

      2. Jessica says:

        How did you get them to switch the transmission? I was told my warranty doesn’t cover replacing the transmission just the pieces that dismount from it. This is so frustrating lol. I’m just glad we’re all not alone.

        1. Rene Gomez says:

          They Ford dealership wont replace the transmission, it costs too much money. My brother had the same issues and we went to a lemon law attorney. He had to get help from an attorney because Ford never wanted to help.

        2. Summer says:

          Ha bought a brand new ford fiesta hatchback 2016, it broke down at 350 miles. bought it brand new.The computer light on the dash said transmission malfuntion..all ford did was give a extra warranty.No Ford dealership well not touch the car.

      3. April says:

        I also have a 2012 focus. I have had it at the Ford service stn. At least 10 times. All the steps they say they have to go thru before they actually put new Trans in. New clutch. And last month another new clutch. Well that one just went out this past sunday.so I now have another appointment at ford this Friday. Also, I find it rediculous, when my low tire gauge goes on and they charged me $185. for a new tire! Especially when I have good tires all 4, or so I thought. Just like the technician thought he changed the right tire. Nope wrong. Had to go back out there and they were able to “fix” the other tire. I don’t even have 60,000 miles on that car. And guess what??? Low tire pressure gauge back on. Ugh! I’m so sick of this car. I cant even sell it because it’s always in the ford shop and I owe way more than its worth. The bank practically laughed in my face when I told them I wanted to sell it. I just want out of this!

    3. Christina Blankenship says:

      Angela, I have a Ford focus 2012 and I have had five clutchet put in and the car still will not work but Ford refuses to fix it because it’s at 104,000. I am going to try and joint the lawsuit. Christina Blankenship

    4. Pam Shiels says:

      We own a Ford Focus bought it as new 2014 had trans problems ever since Ford company told my husband it could be his driving had clutch replaced but still shudders makes screeching noises etc we have been deceived as they new car had this problem in 2010 not good enough Ford.

  6. Joanna says:

    How do I get in on this? I still have my leased Ford Fiesta 2013 and it is terrible! Ford says it’s fine whenever I go in. I’m fed up with wasting my money!

  7. lmacek316@yahoo.com says:

    2011 Ford Fiesta just came out of the shop for this problem

    1. Shannon says:

      Get a consumer affairs Lawer/attorney that specializes in Lemon Law. I have a 2014 Ford Fiesta. It has already been replaced with the new clutch system. It till vibrates, shutters And shifts as if it slips into neutral. Don’t waste anytime, get an attorney and save all service records. My friend has a focus and same problems. Ford needs to go down for this one. They have deceived consumers!

      1. Latonia says:

        did you file lemon law case? I just bought feista , drove for 5 days, now it’s doing the same as yours

      2. Amie says:

        I own a 2014 Ford Focus and from the first month of owning the car until now its been in the shop 11 times for the transmission issues. I take it in and they either reprogram the PCM, TCM or tell me there is nothing wrong. I just have to learn how to drive the car. I had the clutch replaced after owning the car for 1 year and it took them 3 months to do that job. This past week I had to take it in again for shaking, vibrating, a rattling noise, hesitation when going on the gas and what do they do??? Reprogram the PCM or so they say. I pick it up after 4 days of them having it to do that and its still making a rattling noise and a knocking noise. I have an extended warranty on my car so its been all covered and the dealership knows that I REFUSE to pay for anything regarding this car. Ive had more than one sales person at a Ford dealer tell me that these cars are horrible and once you get the clutch replaced and the trans, you will always be replacing them.

        1. Terry says:

          Omg. Amie I also am having the same problem. My Ford dealer replaced my trans after I had to wait almost 6 month for the part (its coming from Mexico). Now its doing the same.

  8. Nicole A. says:

    I need in on this, too. We have a 2013 Fiesta and we have brought it in twice now for reprogramming. It is still bucking ALL the time but Ford tells us it is within limits. UGH

  9. HORACIO says:

    Hola, quisiera saber si se puede hacer algo en México, también tengo el mismo problema en la transmisión de un Focus 2013, desde que era nuevo lo ingresé a servicio por tironeo y vibración al arranque, hoy el coche solo tiene 32,000 km y ya no encendió y en Ford México no tienen el módulo TCM de refacción, por lo que mi vehiculo se debe quedar en Agencia por un tiempo aún indefinido.

    1. dylan triclops says:

      Hola amigo, Lamento decirtelo pero el caso es solo para affectados en usa. Yo tengo un 2012 focus se, lo compre en california. Vine a cisitar a familia en Pacguca HGO y la transmission me dio problemas. Lo lleve a la agencia de ford en pachuca y me cambiaron el modulo de la transmission por poquito mas de 10,000 pesos mx. Cuando todo esto paso, mi carrito tenia 20,00 millas y yo tenia garantia, en usa hasta las 60,000 millas. Para no hacerte la larga, guarde todos mus recibos de la agencia rn mexico para poder reclamar ese dinero, ya que la agencia no me hacia valer la garantia. Llegando a california, lleve todo mi papeleo y carro a la agencia de ford y me dijieron que Ford USA y Ford Mx son diferentes. Los mecanicos triniados diferente y lo carros con differentes requisistos. Perdon que te paso eso amigo lo que te recomiendo es que hables a agencias a tu alrrededor para buscar el modulo, arreglarselo y cambiar/veneder el carrito. Suerte con todo

  10. Melody Vizi says:

    I own a ford fiesta and it has been in the shop numerous times for the transmission. I even called ford motor company and they would not assist in any way because they said that it had too many miles on it to claim as the lemon law. I have even thought of hiring a lawyer to assist. If there is anything that I need to complete to be a part of this class action suit please let me know immediately and I will complete it and return any information as soon as possible.

    1. Eva says:

      Hi Melody! I just wanted to see if anyone ever got with you regarding how to join the Class Action Lawsuit against Ford?! I am interested in joining, as I am very fed up with my 2014 Ford Focus being in the shop.

      1. j doss says:

        Anyone who owns these vehicles are included in the class action. Call the law firm and give them pertinent info(name address etc.). Hope this helps.

        1. Debbie says:

          Do you know that information? I was looking but I want to make sure I contact the correct people. Thank You!

        2. Bruce Reed says:

          Hi , what number , address and name of said lawyers are we to contact?

          1. Rene Duzac says:

            I am also interested in filing a complaint. Ive almost been rear ended 4 times because the transmission didn’t engage. Im also getting average 26 MPG, where when new I averaged 32.5.

      2. Wendy Stone says:

        I also had the same issues. I’m in Canada though. I don’t suppose this includes Canadian consumers?? Wendy

        1. Kelly says:

          I’m also from Canada. I hate my focus..

          What steps did you take Wendy?

    2. Dingus says:

      Google the case and search for lawyers that are representing individuals and email them. I am awaiting a response. Hope the best.

    3. Jazmin RUiz says:

      Ford is definitely recognizing the problem. Their attempt to address the problem is by stretching out the warranty to 120,000 miles for Ford Focus (not sure how far back, but it applies to my 2013 Focus) like in March or April of this year. They are now checking everything manually – the module, the clutches. They will be replacing my transmission control module – but, of course, its on back order. Hopefully, this fixes the problem. So definitely go back and check to see if the new terms of the warranty apply to your car.

      1. Saman says:

        This sounds just like what they have been going through with mine. The ecm was on backorder? Has it been delivered?

      2. Breanna says:

        My warranty was only extended on my 2013 to 100,000 miles. I’ve have my transmission and clutch and module fixed 4 times and also had 2 engines!!!!!

        1. Nati says:

          Did the issue ever stop? I have a 2012 Ford Fiesta which I bought as the second owner in 2013. Since then I have had the clutch replaced twice & the Transmission Control Module replaced twice (last time was 2.12..16). Now TODAY I am receiving the same Transmission Malfunction Service Now warning exactly two weeks later and have yet another appointment on Monday. What a waste of time & money. So disappointed in FORD.

          1. Katrina Thomas says:

            Hi Nati I too am having the same issues revisited with my 2013 Fiesta for the 4th time now. New clutch ordered that will take six weeks to come in! Any information on suit withdrawal be greatly appreciated!

      3. Chuck says:

        My daughter’s 2013 Focus just exhibited the Transmission Malfunction message tonight. I should expect it is covered until 120000 miles? Should I join the Class action even though this is my first issue?

    4. Nisha says:

      Me too I’m having the same issue.i took it in back in January and they said they fixed it and drive it 3000 more miles and if it does it again bring it back but I haven’t reached the 3000 mark it is still doing it and now that I called them again they said they are waiting for a part to come in that’s the reason why it is still doing it,but I’m wondering why they told me it is fixed.

    5. Karen critelli says:

      Omg I’m so mad also. I live in the Pittsburgh are and decided to purchase a used 2013 focus she two days ago just brought it home and the window doesn’t work and the car shakes sputters the wheels in back feel like the are spinning and doesn’t accelerate well sometimes up hills. My 17 year old daughter is going to use this car and I don’t want her driving this. I have parked the car and called the dealer and left a message I want to bring this car back. I took out a full loan for this seven years and this isn’t going to last. This dealer needs to return this car it is the worst it’s scary!!! They never told me about the problem or that it was a clutch driven car I had no idea.

      1. Jessica says:

        Take it to the local ford dealer my 2012 focus has a warranty on the trans and power train to 150,000. I bought my car used and live In ford but they fix it every time. I was just in two days ago and had to stop by today bc it was having a issue and they have that part in and are fixing it. You shouldn’t have a issue with getting it fix. Same thing happened to me, drove it off the lot and not even a day later noticed the shuddering when I shift into first and second gear. The orginal place I bought it from wouldn’t touch it so ford did the recall since then had the computer rebooted twice clutches replaced and the learning thing is always being reset. Good luck.

      2. deb says:

        I also purchased a ford focus 2014 last dec. Having same issues 6 month’s after I got it,,,,they won’t help me get into another vehicle cause the value dropped so bad on it…..I’m afraid to drive it anywhere it’s been in garage numerous times surely there is someone out there to help the customers I am so mad right now!!!! It hesitstes, drifts , and shutters so bad I’m afraid it’s gonna shut off …..it’s a shame when u pay that much for a car they can’t compensate they didn’t hesitate to take my money!!!!!

    6. Cheryl Spencer says:

      I sure wish I have known this before I bought my 2014 Focus. It is presently in the shop at the dealership as I type this….for the 2nd time. I knew I should have never bought a Ford (my husband would NEVER buy one), but my son-in-laws dad gets a discount and it trickled down to me so I took advantage of it. I will NEVER buy a Ford again…although I heard the Escape doesn’t do this so I might trade it in on that. Course the dealership probably wont give me a good trade-in price on my Focus knowing about this lawsuit!!!

      1. Amanda Brown says:

        I am having the exact same issue, but I am getting an attorney. The Ford dealership employees straight up told me the transmission is GARBAGE and we will have to keep bringing it in to be reprogrammed for the lifetime of car. When I bought this car brand new, the dealer didn’t tell me or give a discount for my efforts. Every time it goes in the shop, I have to pay out of pocket for a rental and take time off work to pick it/drop it off. It is not our fault!!! I was told that Ford offered a special trade-in deals, but it has expired. Im done dealing with Ford, I am letting my attorney handle it. I want a different car

    7. Larry K Hensley says:

      i have the same problem with mine call me my number is 304-855-6083 leave a message i’ll call you back my name is larry hensley

    8. LynnDella Dimos says:

      If you know anything about the class action lawsuits let me know . We bought my son a new Ford Fiesta in 2011 we had the automatic transmission replaced 2 times, it was still having problem. Last week when he was pulling out into the road from his college his car hesitated and he was hit by a oncoming car, caused him to go airborn and ended up hitting a tree! He had minor injuries but was given a ticket because he caused the other car to hit him. He said he had great distance to be able to turn but his car hesitated ! I need help !!!

      1. Lynn Murphy says:

        I also need information. Regarding the class action lawsuit. I am waiting an answer from Ford regarding my transmission problem. 5 times getting fixed and I have not had it a year. The problem started with less then 1200 miles.. please forward any information. ..

1 2 3 35

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.