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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 have an ’05 Escape. So many problems, 3 mechanics, no one can find a clear reason why it’s underpowered, stalls. Alternator replaced 3 times, no one can find out why.
Ford does not stand by their expensive ass products. They don’t care about the people investing in a vehicle for themselves and their families. If they did, they would own up and address all their MANNY MANY issues.
Toyota, Subaru and Honda are what I’m safe with until Ford grows the hell up.
This newsletter is from Feb 2018, have there been any new legal developments since? I’d like to sell or trade my 2014 focus soon.
Here is the response I got from the law firm that is working the case.
Could be over in a month or maybe a year or longer. Pretty good update.
Go to the ninth circuit of appeals and u can updates.
Ford fiesta 2016 stopped running on highway 8pm i still having trans troble they replace trans computer. Do not what the car but it is a lemon but can not do anything.
I have a 2013 Ford Focus . It has so many problems the transmission , the ignition , the ground wire. I get stuck everywhere . I cant turn it off if I don’t want to stay there for 5 min to several hours. I hate this car . I want it replaced by Ford for what I have already paid. I still owe on this piece of garbage. I also have a problem with the AC that quit working when I first got it . Ford fixed it but it has quit working again. It is so hot here this year . It has been 115 degrees heat index. By the time I get home I am soaked in sweat.
Same man !
I have a 2013 focus titanium and not only does it still stutter after three repairs it had two other recalls and the latest is with emissions sensors affecting gas tank and guage. Makes engine light to stay on. Had that replaced but two weeks later engine light on again. I want to sell but don’t want to pass mess onto someone else.
Same issue 2008 Ford Edge LTD had to replace fuel system, engine, transmission, new oil system, alternator and etc for $7300. 2 months out of warranty. All because at 36,000 miles the oil system stopped and the car shut off on the middle of the highway. It was considered a Technical Service Bulletin. Not yet a recall. They didn’t replace all the other mechanisms oil goes through to make the car work. at 98,000 miles everything had to be replaced at my expense when FORD doesn’t stand by their product and this was their fault to begin with. I won’t ever own a FORD again. Every Edge owner and Lincoln owner I tell them about it so that as soon as it happens to them FORD won’t do shit about it.
I HAVE 2013 ford focus and it ls a lemon all kids of problem transmission, ignition switch bad battery ground ext, Ford engineer themselves should be held responseable they known about this problem and still used the transmissions in the focus and fiesta and sold them I truly speechless it cause me alto of grief almost lost my job because ford motor company selling lemons
Drew
I HAVE 2013 ford focus and it ls a lemon all kids of problem transmission, ignition switch bad battery ground ext, Ford engineer themselves should be held responseable they known about this problem and still used the transmissions in the focus and fiesta and sold them I truly speechless it cause me alto of grief almost lost my job because of my 2013 ford focus see
Drew
Why wasn’t the fusion included in this? My 2012 does this exact thing! I only have Like 74k miles on it!
I have the horrible, 2014 Focus. The clutch was replaced at 24,000 miles and is at 29,000 and slipping again. The car has multiple issues beyond the clutch. The entire electrical system failed due to melted ground wire-nobody had ever heard of this happening. The car shudders, jerks, and loses acceleration on even slight hills and stays in 1st gear freakishly long before shifting. I have been part of the lawsuit from the beginning and it’s clear Ford is stalling, hoping we will give up and go away. Many have just traded in their wrecks for almost no value, as they have to get a car that is reliable. I bought the stupid mess used, and still owe $ on it. This is just another example of corporate America vs consumer America. Guess who traditionally wins at this travesty? Its not the consumer.
Also frustrated! Need 4th clutch put in on car, 2013 Focus, but car is only worth about two grand. Not worth it to pay for the repair.
Meanwhile, pains in my right leg have returned from the shuddering. This was the only symptom I had before my diagnosis of a blood clot back in October, and it is scary to have that pain back. Thankfully, medically I know my clot is near dissolved, but I’m wanting to replace this vehicle soon, just don’t have the financial means yet.
i also have the 2013 Focus, and have had 2 clutch replacements. But I thought Ford extended the warranty on the transmissions to 100,000 miles. So I haven’t had to pay for any transmission work. Do you have really high mileage? If not, the dealer should fix for free. Good luck!
They never mentioned the clutch isn’t included. That about $1,500 only TCM reprogramming is covered up to 150k .. such bullshit. When will the appeal be over and arbitration begin?