Sarah Mirando  |  June 14, 2013

Category: Legal News

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Ford LawsuitOn Friday, June 7, the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated 15 putative class action lawsuits alleging Ford Motor Co. overstated the fuel efficiency of some of its hybrid vehicles into the Southern District of New York.

The JPML found that the class action lawsuits that are pending in 10 federal courts throughout the U.S. share similar factual questions related to Ford’s false or misleading statements about the fuel efficiency of its Fusion Hybrid and C-Max Hybrid vehicles. The multidistrict litigation (MDL) will be handled by U.S. District Judge Kenneth M. Karas.

In the motion to consolidate the Ford Hybrid class action lawsuits, plaintiffs accuse Ford of falsely claiming that these vehicles achieve 47 miles per gallon. According to the plaintiffs,  Ford has published these inflated fuel economy ratings in advertisements and on stickers placed on the vehicles. The plaintiffs contend that the vehicles do not even come close to that level of efficiency. As a result, numerous buyers have purchased Ford vehicles on the assumption that the vehicle was fuel efficient. The plaintiffs have accused Ford of manipulating and misrepresenting data about its vehicles’ fuel economy rating.

According to Consumer Reports, the Fusion Hybrid achieves only 39 miles per gallon while the Ford C-Max achieves only 37 miles per gallon. These numbers fall far below the 47 miles per gallon that Ford has advertised. The Environmental Protection Agency reviewed Ford’s fuel efficiency claims and found that the company failed to comply with the appropriate testing procedures.

These Ford Hybrid fuel economy class action lawsuits involve several factual questions, including the determination of the actual fuel economy rating, whether Ford actually manipulated the fuel economy measurements to inflate the mileage rating, and whether Ford was aware that the ratings were inaccurate. These questions must be evaluated to determine whether Ford’s representations of its vehicles’ fuel economy ratings were deceptive or misleading.

The JPML has approved these class action lawsuits for MDL in order to streamline the pretrial proceedings and ensure consistency among these similar cases. While the plaintiffs sought to have the MDL handled in the Central District of California, the JPML agreed with Ford that the Southern District of New York was a more appropriate venue. Judge Karas had already reviewed pre-motion submissions for the class action lawsuits and had scheduled a joint motion hearing regarding the filing of motions to dismiss the cases. The JPML found that the Southern District of New York was a convenient and accessible location for the litigation.

Ford is not the first automaker to face class action lawsuits related to inflated fuel efficiency estimates. Earlier this year, the JPML consolidated 12 putative class action lawsuits with similar allegations against Hyundai Motor America and Kia Motors America Inc. The MDL for these cases will be handled by a federal judge in the Central District of California.

The Ford Hybrid Fuel Economy Class Action Lawsuit case is In re: Ford Fusion and C-Max Fuel Economy Litigation, MDL No. 2450, in the U.S. Judicial Panel for Multidistrict Litigation.

 

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33 thoughts onFord Hybrid Fuel Economy Class Action Lawsuits Consolidated In MDL

  1. Shelanie says:

    I have some of the same issues as every one else with the c max I bought it for gas mil but what I get is between 25 to 35 mil pg they pushed the 47/47/47 so that’s why I got it .if I knew I was only going to get this I would have bought a different car for sure cheaper than a hybrid , it also has more issues and no one will fix them , I want to know how I get on booard with the law suit . I also tried to trade it in but of course way upside down already ford lowered price after they changed gas mil

  2. Rauvola says:

    Owner of a 2013 Ford Fusion Hybrid since December 2012. It’s a great car and has exterior design that many people like and comment on. However the 47-47 MPG factor was the main reason iI bought this car. That said thsi car has never ever gotten close to those ratings. I get 39mpg and that’s driving and braking as best that I can. I’m retired and don’t have to race my car to get to anywhere so I don’t have a heavy foot that I had when I was in my twenties!

  3. Frank Gillies says:

    I purchased a cmax in august have never achieved the rated mileage and would like to join the lawsuit.
    does anyone know how to join?
    my window sticker said 47 hwy 47 city combined 47

  4. cmax owner says:

    I received my $550.00 goodwill payment from Ford for my 2013 C-Max Hybrid. If I cash it will I be disqualified from any class action lawsuit settlements regarding the
    C-Max hybrid fuel economy capability changes?

    1. Darcy says:

      I have the same question, I have a ’13 Fusion Hybrid and got a check in the mail from Ford. If I cash it, am I still eligible for this class action lawsuit?

      1. Joe says:

        To Darcy:
        I just received a check for my 2013 Fusion Hybrid also. Any word on if this is the settlement?

        1. Darcy says:

          Joe, this is not a settlement. This is just a ‘good will payment’ from Ford.

    2. Ray says:

      we just bought the fusion hybrid in April of 2014 and still have the sticker that falsely says 47mpg! How do we get involved with the lawsuit?

  5. Devon says:

    I have been commuting 47 miles from DeKalb, Illinois to Oak Brook, Illinois 2 and more times a week. I did discover that 60 miles per hour gets me the 47 miles per gallon, and driving slower speeds in either of those places gets me 50-60 miles per gallon because the car stays in the electric mode much longer.

    I really wonder if other vehicles can be driven at high speeds and get better results and wonder how people can expect the claimed mileage if they drive like they drove cars without the hybrid feature. I used to drive like that, but when I discovered I can get the claimed mileage, I slowed to 60 mph and am very pleased that our gasoline bills are less than half what they were.

    I really wonder how much heavy driving any battery vehicle can take.

  6. Devon says:

    I have been commuting 47 miles from DeKalb, Illinois to Oak Brook, Illinois 2 and more times a week. I did discover that 60 miles per hour gets me the 47 miles per gallon, and driving slower speeds in either of those places gets me 50-60 miles per gallon because the car stays in the electric mode much longer.

    I really wonder if other vehicles can be driven at high speeds and get better results and wonder how people can expect the claimed mileage if they drive like they drove cars without the hybrid feature. I used to drive like that, but when I discovered I can get the claimed mileage, I slowed to 60 mph and am very pleased that our gasoline bills are less than half what they were.

    I really wonder how much heavy driving any battery vehicle can take.

  7. karen says:

    How do I add my name to the list. Complained from day one about the milage, was told once I hit the breakin period I would be at an average of 47 MPG. I bought the car for increased gas milage not the same I was averaging on a non-hybrid. Thanks

    Karen

  8. karen says:

    How do I add my name to the list. Complained from day one about the milage, was told once I hit the breakin period I would be at an average of 47 MPG. I bought the car for increased gas milage not the same I was averaging on a non-hybrid. Thanks

    Karen

  9. Sharon Goddard says:

    I also bought a Ford C-Max in Dec. 2013 and I am only getting 35 mpg. I would also like to know if I could get on this suit?

  10. Dana says:

    I bought a Ford Fusion Hybrid a month ago and like Ford and the gentleman that sold me the Hybrid lied about the MPG. How do I get in on this?

    Thank you
    Dana Taylor

    1. jerry kennedy says:

      c max gets way less fuel mileage than stated. want in on class action law suite.

      1. Jerry says:

        Want in on the class action lawsuite on c max mileage.

      2. Troye Carter says:

        I want to get in on the class action suit for misrepresented fuel mileage on the C Max also. Have you had any success? Ford initially advertised 100 MPG for the Hybrid. Its not even close, and gets more like 42 MPG.

    2. Jerry Kennedy says:

      I would also like to get in on the Ford c max class action lawsuit. My c max does not get any where near the mileage that was advertised or on the window sticker.

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