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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
Just looked up docket. The case is scheduled for oral argument calendar on Monday, April 8, 2019. Argument is devoted to clarifying issues as needed and to responding to questions raised by the judges of the panel.
My 2013 Focus was in the dealership 4 times for transmission issues (they covered under warranty) but then the transmission went completely out and they would not cover to replace so it cost me $3500. In the last 18 months I’ve had to replace the catalytic converter, the radiator, fuel related items, and I get the runaround. This “economy” car has cost me a small fortune. I have owned Fords for years and never had these kinds of issues until this Focus. I will NEVER trust Ford again.
I’ve had fuel system problems started after warranty ran out now it’s been recalled but I replaced the problem to the tune of 3000.oo how do I get my money back.
Actually, this is not accurate information. Not only does your transmission have to have been replaced- it states that you are NOT a class member unless they have replaced it THREE TIMES, and it continues to malfunction. It cost me $2500 to get it replaced once. So, they will pay for their screw up (up to $2325!!), but you have to go through hell three times and cough up nearly $10,000. Unacceptable
I purchased 2012 in may 2012, then in 2013 transmission started messing up and was fixed. I thought this was end for this, but that was not case, I had to take it back 4x more, which at this time was enough for me. So I decided to trade it for 2018 escape, which car sellman called to see if I could get money then to put down on escape, but was told no, because lawsuit was not over. So the focus still had to be paid off, which was $6000.00 . I did not want new vehicle, because my focus would have been paid off in August 2018. So I created more problems for me, because of what happened to transmission in focus. So when will I know something? Ruby Forte
Has the ford focus lawsuit been settle yet
I have 2012 Ford Focus and have had all these transmission problems and numerous repairs. I purchased this vehicle used and overpaid! Had I known how defective it was I would have never considered a Ford.
Yesterday I received a “safety recall” 18S32/NHTSA Recall 18V-735. This recall may cause the engine to stall due to a stuck canister purge valve within the fuel vapor system. The risk being a possible engine stall while driving without warning or without the ability to restart, and can increase the risk of a crash. Now this issue needs to be corrected!
Pathetic.
Unbelievable, what next? If it’s not one defect it’s another.
I have just received the same letter. Not only have I had issues with the transmission but I am currently having issues every time I refuel. I can’t believe we take out big loans to pay for these vehicles and it;s just one problem after another. We can’t stop paying on the loans, then what happens when our warranty runs out and we have to pay for repairs and a rental vehicle. That is not fair for them to sell us a faulty product and we have to deal with all of the issues, out of pocket, when it’s manufacturing error.
I am in the same boat as everyone else, bought 2016 Ford Focus, I am on the 2nd tranmisson, with it fluttering going extremely fast as it finally goes into drive, and almost lost my life to it, the dealership doesn’t care… I can’t trade it in, because i Owe and would be upside down on the loan, they are offering me another car which is more expensive and of course will raise my payments… I am stuck and Ford knows it… joining the suit as soon as this place opens tom
Morning… I have never felt so betrayed by a corporation.. sign of the times?
I have close to 90 ,000 mile on my 2013 Ford Focus. I have taken it in to Ford motors 3 times for the transmission. I’m sick of this car with the transmission problem. Now the gear shift is hard to put from park to drive, and the transmission once again is messing up again. I need a settlement so I can get rid of this car, not satisfied one bit. I’m making payments on it and still want have anything to drive because it’s getting worse. I need help with this as soon as possible. 70 year old lady don’t need this kind of problem. Linda
I can not find copies of the appeal filed, nor any of the websites that have been up dated. If there is hearing or just what the hell is going on.
We have followed the directions required by the Class Action: notified Ford and submitted documentation of 4 repairs. When we tried to submit our claim for arbitration, we were told that no arbitrations will be conducted until after the appeal is concluded.
Our car has over 60,000 miles and now the dealer wants to replace the front strut bearing. We don’t want to continue to put money into the car. We are asking for a replacement vehicle or a refund of what we paid for the vehicle.
Does anyone else have problems with the front strut bearing? Is this related to the transmission?