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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 purchased my 2013 ford focus used and had it back at the dealer 3 days after purchase due to jerking and shuddering, I was told thats how its suppose to run. The dealership did cover a rental car 3 seperate times. The clutch was replaced and tcm reprogrammed 3 times. I attempted to get legal assistance at which time I requested al invoices pertaining to all service repairs on my vehicle, not sure if the service rep was aware that he gave me previous owner repair info but I was shocked to see that the prior owner had taken it in 6 days prior to selling it me with the same issues. Now that the warranty has expired I have had to come out of pocket for a tcm $616 last month and yesterday $2340 for a clutch. I can’t see myself paying payments on a car that don’t run, only 8 payments left..I can’t allow my credit to be affected by this. I did however receive a letter of arbitration as a result of joining the class action lawsuit but have not heard anything further, Feb will be a year.
It’s sad just had to replace my tcm and clutch last week after having it replaced Jan 23 2017 Ford not trying to do anything and the fact you have to qualify is an slap in the face . Trade to trade it in but I owe more than the car is worth oh and the clutch alone is 1200
My son was driving 2015 Ford Focus in severely dangerous conditions…stalling, shuttering, etc. Transmission totally went out and sat for months. I finally surrendered it to lender. Could not continuing paying for more than one car.
We are current owner of 2015 Ford Focus with automatic transmission, car won’t go on reverse. What can we do to resolve the problem?
Call your local Ford Dealer and speak with the service department. Call a tow truck – have them deliver it to an authorized Ford Dealer / Repair – Service Center. They will trouble shoot and repair – Usually give you a rental car while you wait for parts. I had to do this twice for the transmission module problem.
I had to sell my 2013 ford focus. It was the worst car I have ever owned, It was in the shop all the time for transmission problems. I am part of this lawsuit.
I am on my 4th clutch… 2 in the last 2 weeks. My car is a death trap, and the Ford dealer keeps finding other issues for me to pay for above the warranty and recall work. Today they said my battery is leaking right above where they were doing their work… They didn’t find that issue a week ago when they did the 50k miles check up maintenance though… ugh Now I’m told Ford won’t cover the new clutches after 60k miles and I will finish that in the next year. My car went even be paid off by then!
Mine nearly got me killed. 3 reflashes and a clutch replacement still a POS. I traded the junk off and I bought it new.
Has a settlement be made?
I am not sure if I am in the suit or not. Assuming I am, since I received notice of the class action. Is there something I have to do to be in this?
I was wondering the same thing.
my 2013 focus powershift dual-clutch automatic transmission has been missing for abaut two years. especially up steep hills.will my ford dealer check this defect.
You are in the suit unless you opted out in writing
Been in this lawsuit for 3yrs