Paul Tassin  |  February 21, 2017

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.

The emblem Ford on the office of official dealerFord owners from three different states say they were never properly warned about a Ford throttle body defect in the cars they purchased.

Plaintiffs Fernando Aviles, Barry Kiery, Michael Kelder and James Cowen claim there’s a defect in the electronic throttle body used in several models and model years of Ford cars. They claim this sixth-generation Delphi throttle body is prone to failure, which causes the vehicle to stall or to suddenly decelerate to near-idle speed.

According to this Ford throttle body class action lawsuit, the Ford vehicles that contain the Delphi throttle body at issue include the following models, all from model years 2011 to 2015:

  • Mustang with 3.7L TiVCT engines
  • Edge with 3.5L TiVCT and 3.7L TiVCT engines
  • Lincoln MKX with 3.7L TiVCT engines
  • F-150 with 3.5L TiCVT and 3.7L TiVCT engines

 

The plaintiffs say defendant Ford Motor Company has known about the Ford throttle body defect for years yet has failed to address it adequately. They accuse Ford of purposely ignoring the defect in hopes that the warranties on affected vehicles would expire before the vehicles’ owners found out about the defect.

In fuel-injected engines, the throttle body is the component that controls how much air enters the engine. Older throttle bodies were mechanically linked directly to the accelerator pedal, allowing more air in when the driver depresses the pedal.

The Delphi throttle body is operated by electric motors linked electronically to the accelerator pedal. Plaintiffs say the defect in the Ford throttle body causes a loss of connectivity between the throttle body and the powertrain control module, which responds by limiting the vehicle’s speed to just above idle.

As plaintiffs describe it, the alleged Ford throttle body defect creates a significant threat to safety. Drivers have reported that their vehicles decelerated without warning while driving at highway speeds. When the alleged defect occurs in heavy traffic, navigating the disabled vehicle to the road’s shoulder can be extremely dangerous, the plaintiffs say.

Plaintiffs say scores of Ford owners have lodged complaints about the Ford throttle body defect in online forums and with the National Highway Traffic Safety Administration.

The class action lawsuit alleges that Ford has known about this problem since at least 2009, yet the company never disclosed the problem to purchasers. Ford claimed to have found and resolved a problem in a previous version of the Delphi throttle body, then continued to install defective throttle bodies in newer vehicles, the plaintiffs say.

The plaintiffs propose to represent a nationwide plaintiff Class that would include all current and former owners and lessees of one of the above “Class Vehicles” that was purchased or leased within the U.S. They also propose three subclasses to represent Class Members from the plaintiffs’ home states of California, Florida and Alabama.

They are asking for a court order that would require Ford to repair, recall or replace vehicles equipped with the Delphi throttle body at issue. They also seek awards of damages, restitution and disgorgement of related revenues, plus reimbursement of cout costs and attorneys’ fees.

The plaintiffs are represented by attorneys David S. Stellings, Jason L. Lichtman, Fabrice Vincent and Andrew R. Kaufman of Lieff Cabraser Heimann & Bernstein LLP; by W. Daniel “Dee” Miles III, H. Clay Barnett III, Archie I. Grubb II and Andrew E. Brashier of Besley Allen Crow Methvier Portis & Miles PC; and by Anthony J. Garcia of AG Law.

The Ford Throttle Body Defect Class Action Lawsuit is Fernando Aviles, et al. v. Ford Motor Co., Case No. 8:17-cv-00281, in the U.S. District Court for the Central District of California.

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

55 thoughts onFord Throttle Body Defect Puts Drivers in Danger, Say Plaintiffs

  1. KP says:

    This problem is still going on. I have a 2014 Ford E350 van with 72K miles and it’s starting again. I say again because this is my third E350 in 14 years and all three have had the same issue. You never know when you leave home if you are going to be stranded on the side of the road at some point. Ford knows that the issue is with their failed drive by wire system, and they know that if they recall every vehicle that has it, it would bankrupt the company.

  2. Tom Delzell says:

    Same problem with 2015 Ford Edge, 1,598 miless out of warranty and For would not extend warranty. I have been a mechanic for over 30 years and have never replaced this part on any other vehicles but Ford!!! They had the same problem on the Escapes and they extended the warranty on those vehicles. Thank goodness this happened while driving in town and not on the highway.

  3. Bob Adams says:

    I have a 2015 Ford F-150, just had this happen to me last week. $477 to fix, $100 in rental car, 3 hours on the side of the interstate waiting for Ford’s roadside service to show up. At this point, not sure I still have confidence in the product anymore. Opened a case file with Ford to seek some assistance in repairs and rental car, case was denied. Dealership is working every angle possible to help me, but they are at the mercy of Ford.

  4. James Stanley says:

    My wife has a 2013 Taurus that has the same problem ,She was almost killed because she could not get out of the way of oncoming traffic when she tried to accelerate the car would not respond and she had to creep to the side of the road ! Sam Knotts must have knots in his head ! I used to think that Ford was a Great product , but have changed my mind after this ! This has happened twice now ! If the car were older I could maybe see this being a problem , But a car that is only 4 – 5 years old should not have engine problems like this ! Do Chevy’s have this problem ? No ,Honda’s ,Toyota’s, Nissan’s No,No,No Only Ford ! So think about that for a moment Sam Knotts ! And if it were one of your family members maybe you wouldn’t be so quick to judge !

  5. R. Tumm says:

    I have a 2014 Ford Transit Connect that this has happened to as well. Only it has happened TWICE. In April we were towed to a dealership because it stopped running. They “fixed” the throttle body and sent us on our way. Then just yesterday it did it again at least 5 times while I was 80 miles from home with a very sick, disabled husband and my 13 year old son. It is going back into the shop tomorrow but I am terrified to drive anymore. This is very dangerous. I just bought my van a little over a year ago with only 50 miles on it so it is still brand new. So frustrated and terrified!

  6. Sarah Schulz says:

    And Ford Transit Connect 2016 just happened to me a week ago.. in Missouri.

  7. Douglas Wance says:

    What about 2006 Ford Mustang GT’s where this same set up causes unexpected acceleration?? I’ve been trying to fight Ford on this matter since 2013 when it started happening to me and they claimed ignorance!

  8. reba says:

    What about the 2014 Ford Fusion? This is happening to us right now, the same problem, and Ford wants $500 to fix the problem.

    1. Erin Elizabeth Link Cabrera says:

      Don’t fix it! If you let them fix it you’ve essentially allowed them to “fix” any claimable damages and cover up any evidence! That’s what happened to the poor people in this lawsuit. Consult an attorney, let them know there are literally THOUSANDS of consumers reporting issues with ALL Focuses and Fiestas from years 2012 and beyond. It happened to me! I advise doing your research, all it’ll take is a Google search and you’ll have all the info you need. Good luck!! And again, do NOT let Ford get their hands on anything!

    2. Erin Elizabeth Link Cabrera says:

      Sorry, I meant Focuses and Fusions not Fiestas

      1. Stafford Garrett says:

        I have the same problem with my Ford fusion 2010 throttle body recall. I went in twice for this issue and now having problems with my transmission. How can I become apart of this law suit?

  9. Kath says:

    I had a 1990 Ford Fairmont back in the day that also had the same problem. The engine would just shut off while I was driving I had taken it in to lots of places to get it fixed and no one could figure out what was wrong. Then one day I was on the freeway and it was raining and it shut off on me-I almost got hit by a semi. I immediately took it to a service station close by and the employee said he knew what was wrong. It was the control module. He replaced it and I never had it happen again. Ford must have known all along about these issues and Sam I took care of my car and had all routine maintenance done.

  10. Sam Knotts says:

    I hope they toss this lawsuit out, at first I read it and thought it was neglect on Fords part but the more I read the more I flipped my opinion. They took plenty of action, now this just seems like someone trying to “milk the money cow.”
    I have a 2006 Lincoln Zephyr with the same “issue.” Except I majored in automotive tech, I know better than to neglect my vehicles so this would never have been a problem for me.
    A manufacturer only has to issue a recall when it’s a safety issue. This isn’t a safety issue. If your vehicle is turning off due to this so-called throttle body “defect” and you filed a claim for this lawsuit, the first thing I’d be asking for is your service records, with details on the work performed showing the multi point inspection at 10k, 30k and 50k. Yes. That’s in the manufacturers maintenance schedule that everyone who bought one of these agreed to. Because if you had taken in on time for that inspection you’d have known about the problem before it was a problem. When any service center scanned the cars computer module it would’ve given them the diagnostic codes telling them that the throttle body was having communication issues. I’m willing to bet that none of these owners did any of their maintenance on time because every time someone complains about their car being a piece of junk or breaking constantly, they never do anything except MAYBE change the oil. Is oil the only fluid? No. Is oil the only maintenance a car needs? Not even close. Every single manufacturer has a list of services that need done and when. Nobody follows it. So if this happens it’s your own fault.

    BUT Ford being customer service friendly, agreed to extend their warranty to cover these throttle bodies for people anyway. Which is more than I would’ve done. They extended it to 150k miles. How many inspections do you think these people missed by then? Lol. That warranty was extended not long after all the complaints came in. The Ford 150 alone has 72 technical service bullitans. The one regarding the throttle body says it causes ENGINE IDLE SPEED fluctuation. After reading the complaints, and the TSB, I’d almost be more apt to believe that these people have never done a coolant flush and are probably having coolant mix with their fuel and THAT will cause the car to turn off. Also another cause of neglect. I think someone who didn’t know what they were talking about found the engine idle speed and ran with it thinking the throttle body was causing it or that Ford knew about it- no. “Engine idle speed” is the speed of the engine while you’re IDLING- not while you’re driving on the highway or any of this other crap. Every single story was identical too as if they copied the last persons and didn’t have any details of their own. Smh.

    Some cars have 100s of TSBs. Most recalls are voluntary by the manufacturer. If they thought it needed recalled the would’ve done it. The GM 3800 engine is the most popular in the country for 20 years and has over 800TSBS. But that didn’t stop it from being voted the best by consumers.

    Lastly- TSBs are public. Look them up, and people should pick their battles. I sincerely hope this gets thrown out because it’s the equivalent of a customer trying to sue because “my car is 10 years old and I live the Midwest where the weather is damp at all times and I’m suing because the wiring in the vehicle dry rotted and caused the car to turn off!”
    Lol tons of things cause a vehicle to turn off. You shouldn’t drive if you can’t CALMLY put your vehicle in Nuertral and move it off the road because you aren’t strong enough. If they start paying for every customers NEGLECT and every thing they can’t predict they’ll be broke and everyone will be whining about too. Smh.

    What a joke. Find your maintenance schedule and DO IT! Otherwise don’t own a car.

    1. Mrs. Perkins says:

      So this issue is happening on my 2016 vehicle with 6k miles – what is your explanation? I have not had a chance to neglect any service!

      1. Rachael Van Sickell says:

        This guy does not know what he’s talking about. The actual Ford dealer manager told me many people had the same problem and should have been a recall.

    2. Rachael Van Sickell says:

      I did the coolant flush, trust me since I had to replace the radiator twice because of it leaking..another problem I had w the truck.

    3. Daa says:

      Boy you are a jerk, I commute everyday to work and service my car every 11-12 k miles, bought my 2011 Ford edge this last January, had it checked by Ford dealership with no found problems. It is now june, 5 months later and last Tuesday my brakes seized up stiffer than a board and as I’m gliding into the intersection with both feet pressed as hard as I possibly could I was still gliding….yes my brakes pretty much quit and because of this the car now stalls at each and every stoplight. The mechanics told me it was the brake booster. Night before last on my home from work (1hr on the freeway) I was driving great the whole way until the edge gave me a yellow wrench I’d never seen before and my car started losing all power and started surging…couldnt get the edge to drive over 60mph?taking it in again even though it’s not time for my car servicing, and 500.00 bucks says it’s the throttle body. If this has ever happened to you then you know how scary it can be, my car had 1 owner before I bought it and I have all of their service records as well. I spent 17k cash on this car so yeah regarding the ongoing lawsuit you bet I’ll be asking them to replace those faulty parts, this is the only car I own and drive my littlest in with me, but I’m even a little scared to drive my kids to school, in case the booster goes out completely. Before you point fingers telling everyone that they are just copying everyone else and everyone’s full of it, I challenge you to come take my car for a drive in Los Angeles freeways and afternoon stop n go traffic..

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.