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Objectors have urged the 9th U.S. Circuit Court of Appeals to reject a proposed $35 million Ford transmission defect class action settlement, claiming that many Class Members will not receive meaningful relief.
They claim that the Ford class action settlement’s actual value will be closer to $3.5 million because of the relatively small percentage of Class Members who are expected to file claims and because former owners of the affected vehicles do not qualify for benefits.
“The vast majority of class members do not qualify for any relief under the settlement, even though they may have suffered harm equal to or exceeding that experienced by the small subclass entitled to relief, and even though they may be sacrificing claims of greater value because of differences in state consumer protection laws,” the objectors said.
The Ford transmission defect class action lawsuit was filed in 2015 and alleges that certain Ford Fiesta and Ford Focus vehicles are equipped with an automatic transmission that has a potentially dangerous defect.
The plaintiffs claim their Ford vehicles came equipped with the PowerShift Transmission, which they paid more than $1,000 to have in their cars instead of a manual transmission.
According to the Ford automatic transmission defect class action lawsuit, the affected vehicles experience bucking, kicking, jerking, slipping, and/or harsh engagement. The transmission defect can also allegedly cause sudden or delayed acceleration and make it difficult for a driver to stop the vehicle.
This Ford PowerShift transmission defect can also cause catastrophic failure of the affected vehicles’ transmission, the plaintiffs allege.
The Ford automatic transmission defect class action settlement received final approval on Oct. 18, 2017, but appeals were subsequently filed.
Class Members of the proposed Ford class action settlement include any current owners and/or lessees of a 2012-2016 Ford Focus or 2011-2016 Ford Fiesta vehicle equipped with a PowerShift dual-clutch automatic transmission.
Potential benefits from the Ford class action settlement include but are not limited to the repurchase of the Class Vehicle through an arbitration procedure; cash payments of up to $2,325; and discount certificates valued at $4,650 toward the purchase of a new vehicle.
Class Members may download a paper Claim Form from the settlement website (www.FordTransmissionSettlement.com). However, claims will not be processed or paid until the class action settlement’s effective date, which can only occur after the appeals have been resolved.
Top Class Actions will post updates to this Ford class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Class Members are represented by Glenn Danas, Ryan H. Wu and Jordan Lurie of Capstone Law APC and by Eric Lechtzin of Berger Montague PC.
The Ford Transmission Defect Class Action Lawsuit is Omar Vargas, et al. v. Ford Motor Co., Case No. 17-56745, in the U.S. Court of Appeals for the Ninth Circuit.
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66 thoughts onFord Transmission Defect Class Action Settlement Faces Appeal
I am so disturbed by this whole process of Arbitration. Ford offered me $600 for my car that is on its 4th clutch assembly and or flash. I have never bought a brand new car before. I’m 57 years old and wanted to buy a car to take me till I can’t see to drive no more. Within the first year I had my first clutchassembly. Downhill from there. I hate Ford for not offering me a worthy settlement. And the lawyers aren’t any help for me either. They can’t even tell me if my state of Oklahoma has a lemon law buy back program. Of course ford told me Oklahoma does not. What do the attorneys do if they can’t help me with the process of giant company taking advantage of some who don’t know how to navigate the b.s. to achieve the reward that’s due fairly to them.
We have been offered $300 settlement for car that is junk! It has had multiple Transunion repairs and still continues to have problems! We need help appealing this decision.
Iona Ford Focus 2014 bought it brand new they told me there were no recalls on it two weeks later I got a recall in the mail the first one it’s at the shop right now I want to be part of this class action suit is for does not living up to what it said it would do it said it would replace anything wrong with the transmission at any given time they are hitting me with bills to fix the transmission please help and advice how to get into this suit to be a part of this claim I can’t even get the money out of the car I put in because of the recall the value of the car is gone down to less than half of what it’s worth keep in mind I’ve only got 26 thousand miles miles on this car and it’s a 2014 I do not drive this car because of the damage transmission afraid to
I have submitted the claim paper work, I have not receive no notify that they receive the claim. how can you find out ,if the claim was process
Im just getting aboard My2014 is junk Tranmission has been worked on 4 time plus other problem not under warranty It only has 91000 miles on it Bad thing for us is it be hard to sell I wouldn’t wont one
When is appeal hearing scheduled?
What is the outcome on this case
I haven’t heard a word from them and I’ve had many problems and I filed.
How much longer is this process going to take.
Someone could file a class action lawsuits every month and Ford will never pay a penny. This process stinks claims should be paid as submitted.
The other process of not being able to know the status of your current claims makes this whole thing look like a scam
This isn’t due to Ford not wanting to go through with the appeals process but with people representing the class wanting a bigger payout from Ford. From what I’ve read, it’s a few lemon law lawyers looking to cash in on a bigger payout and larger potential client base from those who aren’t included in the class.
All claims for arbitration at this point are on hold until the appeal is approved or denied. I’m sitting on a possible repurchase right now and just want this to be over already too :(
Please add me