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Ford 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.
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478 thoughts onFord Hit With Class Action Over Fiesta, Focus Transmission Defect
Purchased 2014 focus dec 2014 with 7700 miles on it. Drove fine until June 2015 when dealer said it needed a new clutch after an oil change. I knew there were problems before I got out of their parking lot! Surging, lack of power going up inclines, vibrations, car can’t figure out what gear to be in at 50 mph, 60 mph. Car lunges forward at take off from a stop, so fast the tires bark. Seems very odd that it drove fine until they replaced the clutch. Scared to drive it now and I get nauseous because it constantly changes gears.
I have the same issues with my 2014 Ford Fiesta. I live in Canada but please, I would really appreciate anyone who can help me join the class action or just let me know how ro get out of the bail without ruining my credit. I gave Ford my trust…
Please send me information about this class action law suit. We own a 2012 Ford Focus that shut down in the middle of an intersection. Check engine light came on and a transmission failure alert. No warning. Car at dealership now. Who knows what the outcome will be. My 78 year old mother and I share this car. Thank GOD this happen to me and not her in 90 degree heat in Texas!!!
I am in care of a Ford 2012 Focus for my uncle 89 years old and two and a half months ago transmission shit down on Interstate 59 going to Rosenberg and the power shut down. It was just a miracle no traffic was behind me only God working it was a Saturday afternoon. I had a certified mechanic try to fix it but he had trouble with Ford on the TCM and could not get the codes to repair it after 50 plus day of rental fees I had it taken to Ford instead of replacing the TCM the charged me 2300. dollars to fix it after 5 days . They said the PCM had been tampered with and they could not communicate with the computer. There was no computer communication any way it had no power, The car would not start is it possible the PCM( Power Control Module) was already faulty.
My daughter in Charleston SC has a 2012 Focus with all the same transmission problems . Most recently slipping out of gear driving at 50 miles per hour.I hate that I talked her into buying the Focus ! Other than the transmission the car is nice and she likes it but something needs to be done about this defective trans. Let me know what can be done !
I am experiencing the same issues with my 2012 Fiesta. I have had my vehicle in the shop 4 times since January and nothing has been rectified. I was told to continue driving the vehicle until they get the clutch in and replace it, however it is going to be at least 6-8 weeks. Please let me know if I can join suit. Thank you!
I would also like to inquire about joining this lawsuit. I’m now waiting for my second replacement clutch (8-12 weeks) and have had the transmission reprogrammed. I own a 2012 Ford Focus and started having shifting issues at 3200 miles. The first time I brought it in, I was told it was a figment of my imagination. The first time I called Ford Corporate I was told I just don’t know how to drive it. I’m sorry, what? Anyway, I bought the car August 2012, it’s been in 4 times for transmission issues, fixed twice and now waiting for another replacement clutch. I will be exploring lemon laws in MN also. Thank you for your time, AJ
Would they ever tell a man he just did not know how to drive his car?
That is exactly what I was told. Made me furious!!
Bought a 2012 Focus in August of that year. Same exact list of problems; shudder between first and second gears, hesitation on acceleration, lurching, and impossible to drive in traffic. Multiple visits to the dealer. Was told that these transmissions need to be drive differently and to drive it like a sports car – whatever that means. After the umpteenth reprogramming and standard company platitudes, the car was traded for a used 2013 Honda Civic in February 2015. Best decision ever – except for the lost equity. If that makes me eligible for this lawsuit, then I want in too! After 20 years with Ford I will add my voice to the chorus saying Never Again, Ford!
Please contact me about this suit. I have had the transmission fixed 4 times. Now Ford is extending the warranty claiming this is their fix to this issue. I have a 2012 Fiesta.
We bought a used 2011 , Ford Fiesta, 5 door SE in December 2012 with 36445 KM on the odometer. Very soon we experienced a shuddering/jerking/hesitation at around 250 RPM. We took it to the original dealership that sold the car and they did some computer adjustments. The shuddering did not go away. Later the clutch assembly was replaced but the shudder is worse now. We have 84,000KM now and the dealership is again going to replace the clutch assembly..
There is a class action suit in the U.S. Any advice??? We live in B.C.
My 2012 Ford Focus has been at the dealer for a clutch pack. The part is on an “up to 12 week back order. ” I opened a case with BBB now.
Ford needs to be held responsible for not only the poor quality of these cars, but also the lost equity in them because of the FSAs and recalls.