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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
I want to know more about this as well! I have a 2014 Ford Focus and recently it has started doing all of the above. My car is no longer umder warranty because my extended warranty ended at 60,000 miles, and I’m at 64,000, but I had my clutch changed after 20,000 miles and was told it wouldn’t be a problem anymore, and then again at 40,000 miles with the dealership promising the same crap again. Now, here I am at 64,000 miles and my car is doing everything mentioned above that it’s never done before. I called Ford and Ford Motor Company and they refuse to do anything.
Komal Mirza
I received a postcard notification about my 2012 Ford Focus in regard to this class action lawsuit today.
http://www.fordtransmissionsettlement.com
1-844-540-6011
I want to know more info about his as Well. Took my 2012 Ford Focus into Ford last year and had the TCM updated and it actually seemed like the vehicle has gotten worse ever since the change. I’m beyond frustrated!
http://www.fordtransmissionsettlement.com
1-844-540-6011
Just bought a 2015 Ford Focus with 31 thousand miles on it, my transmission has broke 4 times. And currently sitting in the shop stranded in another county because of this car. Very interested in this law suit. Especially since I’m a 20 year old college student who got severely taken advantage of.
http://www.fordtransmissionsettlement.com
1-844-540-6011
My daughter has a 2012 Ford Focus and in less then a year it’s been in the shop for transmission issues at least 3 months. This is the 4th time to have the module replaced. She can’t afford all these issues. What are we to do . We want in on this law suit..
Susan,
I just got a postcard notification of pending class action lawsuit – I bought my 2012 Ford Focus in March 2017 from a Ford Dealership.
http://www.fordtransmissionsettlement.com
1-844-540-6011
My 2014 has all the same symptoms as all previous complaints. How do I join the lawsuit
Maybe you will get a notification from the place you bought the car. I purchased my car in March 2017 from a Ford Dealership. Received postcard notification of pending class action lawsuit in today’s mail.
Here what I was told:
http://www.fordtransmissionsettlement.com
1-844-540-6011
Yes how do we enter this lawsuit. Had the same problems. Ford did rebuy of my vehicle but at cost of my vehicle value then use the discount on the new car to pay the loan off but I’m stuck with over price value on this newebsite car. That car should of been bought back for full price of what I owed do to the break in contract of a dangerous car on the road. And I should of been given the discount on new car.
The same happened to my husband and I. We had a 2013 and Ford traded us out of it and into a new 2016 where we were told the new focus had a different transmission. Here we are coming up to a year owning the new car and at 19000 miles and the same issues have started happening. So I’m stuck with a 23000 payoff for a car that doesn’t like to shift.
I’m having the same issue with my 2012 ford focus, i’ve taken it in on several occasions as stated, nothing remedies the problem, I feel so unsafe in this that I won’t even let my children ride in the car. How do I get in on the lawsuit?!
Pending class action lawsuit – I received a postcard notification about class action lawsuit. I bought my 2012 ford Focus from a Ford dealership.
Here’s what I found out:
http://www.fordtransmissionsettlement.com
1-844-540-6011
I own a 2012 Ford Fiesta and when my car had less than 30,000 miles I had to take it in to have the clutches replaced and they had to fix my transmission. My car ran better for a few months then I started hearing the shuddering noise and it shifts very hard. I called the dealership and they said that it was normal for my car. They even gave me a handout! What a joke! Now my car is at 100,000 miles and it is getting worse!!! I’m hoping they stand behind the extended warranty for the transmission and get it fixed correctly!! At this point I’ll never buy another Ford.
Sorry you are having so much trouble. I received this info regarding the pending class action lawsuit:
http://www.fordtransmissionsettlement.com
1-844-540-6011
I’m having the same issues with my ford fiesta but i have a case with the m
lemon law.
I own a 2014 Ford Focus, which I purchased in Aug 2015. I have had problems with the transmission, JERKING, STUTTERING, NOT WANTING TO ACCELERATE WHEN YOU PRESS ON THE GAS PEDAL, ETC, ever since the purchase date. I have taken it in a couple times, where updates were done, but it never fixed the problems. I do not blame my dealership for this but the Ford Motor Company for selling this car and stating nothing is wrong. I am in the process of trading it in for something different. I will continue to stay with Ford, as I have always had luck with them, but if they sell me another car that has as many problems as this Focus I will never buy a Ford vehicle again. VERY FRUSTRATED!!
Sounds like you are a very patient person and a loyal Ford customer. Me, I’m usually a Chevy girl. Probably should have stayed with them but bought a 2012 Ford Focus from a Ford dealer. Do like the car and having no trouble but received this notice today of pending class action lawsuit in regard to Ford’s PowerShift transmission in my car.
http://www.fordtransmissionsettlement.com
1-844-540-6011