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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
Took my 2014 focus in again this week due to intermittent starting failure and transmission failure to engage while driving. the TCM was reprogrammed last year as part of the recall and worked perfectly for one year , well last week the pre mentioned issues made the car dangerous and untrustworthy. the local ford dealership in Burgettstown, pa checked the codes and said i need a new TCM and the cost was around $600 i asked why the cost as this was a recalled part and covered under the factory extended 6yr 150,000 mile warranty . they informed me that the code was not the correct one for the warranty replacement and i was responsible for the repair ??? (wrong code but TCM is bad ????) lemon law attorney say they are dead wrong ! so here we go i guess i gotta sue ford. this was my 6th new ford and my LAST !
We have 2011 Ford Taurus and it’s doing everything listed here? Can we get included in the lawsuit???
Have all the problems over heats in traffic the transmission I’m talking about ! Replaced transmission module. Had recall to reprogram trasmission
I to also have a 2012 Ford Focus at 166,000 miles and it just went out. If this is such a hazard on the roads why isn’t ford giving is a new vehicle to drive in the mean time. Im sick of talking to five different people. This is very frustrating. Does anyone out there feel the same?
I was very frustrated with mine, took almost a year for them to fix it based on the recall and it was only because my car became such a hazard and posed dangerous. They kept telling me my parts were on back order for about a year and when my car in drive finally decided to go in reverse they decided they had parts to fix it. They handled this whole process very poorly.
Yes me and my wife bought a 2014 ford focus 32000 on it and I was wondering why it didn’t much miles when I bought it from day one transmission has haves us problems replace everything but the transmission it still had warranty so she got a loaner car now there is no warranty left ford dealership don’t even want to help us out and my family bought 11 cars in the last 17 years from there the a/c went out in it 3 times on top of the transmission so we went buy a new car somewhere else and still paying notes on the focus as well I’m not asking much from this all we want is a car that’s not a death trap and no one has answers
Sballou2@cfl.rr.com I just bought 2013 Ford Focus Titanium in 2015 and brought the car into service dept.because it felt like transmission was slipping and when i parked, felt liked car jumped forward. Ford service didnot check it at that time. They gave me infomation on PowerShift 6-Speed Transmission and operating characteristics. Today i had just got in car from store and start the car and it said transmission default, service now. It is now being serviced. I asked them to please check it over good because i was in an auto accident years ago and still paying the price. I was a passenger at that time.
There are so many comments here, people asking how to go about joining the class action lawsuit. I have answered individuals so often that this website won’t let me continue. But I have new information: I just received a postcard notification about a 2012 Ford Focus I bought in March of 2017 from a Ford dealership. Here’s what I know about it.
One last time in case I get shut out:
http://www.fordtransmissionsettlement.com
1-844-540-6011
How does one go about getting on this lawsuit? I purchased a 2012 Ford Focus in 2011 and from the 1st week had issues with the transmission on the vehicle. At times I felt like I was crazy before they actually did updates to the software and adjustments. The vehicle was in and out of the shop numerous times. I kept the vehicle for a year and never felt safe. Ended up trading it in as I reached out to Ford via certificated mail and they told me there was nothing wrong. Would appreciate any assistance on getting my name on this list.
Thank you in advance all! :-)
Dorothy,
http://www.fordtransmissionsettlement.com
1-844-540-6011
I also just bought a 2013 ford fesita in July and I been having problems out of it every since I had it I took it back to the place I got it from and he wouldn’t give me my money or replace it and now I’m stuck with a car note and a mess up car
My 2013 Ford has been a nightmare from the beginning. After multiple recalls, three leaks without cause, and brake failure, I got a warning tonight that my transmission needs immediate attention. I just put $1400 into this thing last week. I feel like a fool putting in anymore. Ford needs to recall these models entirely.
I just paid $1700 in the same repairs & my car broke down again a week later for transmission defects & they want 2 grand more!
I’d like to get in on this lawsuit as well. My 2013 Ford Focus has had all the same problems. It’s been in the shop several times every year. It’s unreliable and unsafe!
Marliese,
I recently purchased my 2012 Ford Focus. Received a postcard notification about the class action lawsuit in today’s mail:
http://www.fordtransmissionsettlement.com
1-844-540-6011
I have had a 2013 Ford Focus for 3 years and the transmission is bad with jerking and stalling. I’ve had two recalls and the problem isn’t solved. Never should of bought this car.
Bring it in have a new designed Clutch and TCM installed, makes a big difference, clutch has extended Warranty 10 yr 100,000 miles, TCM is covered 10 yr 150,000 miles, people quit your gripes, these cars can last 300,000 miles easily, seen a 2012 Focus week ago with 250,000 miles and original Clutch
tell that to our cars that are failing.
But “FordTech,” every time I take my 2014 Ford Fiesta ‘S’ to a Ford ‘Quick-Lanes’ or whatever the other service is there, you break it more.
– “Repaired” my recalled latches, and broke all my door panels (My car has been to the shop for door panels 7 (SEVEN) times.
– Replaced a speaker, and my audio input stopped working
As far as your transmissions go, I have been saying my car is ‘shuttering’ since I bought it. I was told over and over that they do not see a problem, or “We drove it and didn’t notice anything” or “Some shuttering is normal.”
Now over two years later, my clutch was replaced to fix the problem. But of course, Ford repairs prevail! I got it back today, and now the whole car vibrates.
Before I was driving an unpredictable car. Now I drive a lawn mower.
Thanks for the Warranty information and the re-assurance on Ford’s ability to correct. The articles on the Ford PowerShift Transmission have been very negative and I just received the Postcard notification of Class Action Lawsuit being in court. I am glad to hear that there are some functional fixes to be done should I experience transmission troubles. My car is 2012 Ford Focus Hatchback and I love it. So far, no problems but some people have certainly had trouble with no acceptable fix.
http://www.fordtransmissionsettlement.com
1-844-540-6011