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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
2
I helped my sister purchase a 2012 Focus. I thought something was weird when the salesman came back with a lower price then my counter offer but didn’t question the supposedly good luck. Had the Focus back up there within 2 weeks to refresh the tranny. It’s been taken back several times. Now the Focus shut down on the freeway. The engine turns over but won’t fire. My sister never received a recall notice which I found out it had 3 recalls outstanding. I towed it to the nearest Ford Dealership, they called back and said they fixed the door latch recall but said the problem with the Focus was not associated with the recalls and wouldn’t touch the vehicle until I paid to put it on a machine. I said I read the recall and one of the symptoms is it turns over but won’t start so if he would just address the 2 remaining recalls and we would go from there. He got huffy and said no he wouldn’t do anything until I paid more money. I went and got the cat and towed it 70 miles to the dealership she purchased it at. It was there for awhile and I received a call and was talked into spending 120.00 to put it on a machine ( I just wanted it fixed by now) after a few days I received another call and now they want another 260.00 to put it on a other machine because it isn’t recall related. I went and towed the car home and a month later I read these jerks got caught lying to customers saying it’s their fault when actually its Fords. Now I’m lost on what do I do. I don’t understand all this lawyer talk. I basically just want a car my sister can drive.
I have a 2013 Ford Focus SE Hatchback that I purchased new in 2013. I have all the expected problems with the transmission. After 3 times in the dealer garage they eventually told me that “…I was unlucky enough to get a lemon…” and that there wasn’t really anything more they could do about the problem. So I have had to deal with the jerking and slow response acceleration. How do I become part of this law suit?
I Have a 2017 Fiesta,
At 8,000 miles i had a new clutch replaced!
then again at 34,000.
Now again at 38,000 its acting up but they say nothings wrong, no check engine light on.
Frustrating
Ues it would be nice to know or read to the point information that you dont have to be an attorney yourself to understand. I started arbitration but decided to wait on the decision of the appeal..whixh I am not entirely certain I understand. Everyone who has dealt with this deserves to be able to get reliable vehicles regardless. Shame on Ford..never again! Just got another recall on the motor now as well anyone else get that? Just sad!
I have a 2014 Ford Focus SE. Friday the car was running fine. Saturday I didn’t go anywhere. Tonight I go to drive and as soon as I turned the car on, the transmission fault light came on as well as the hillside assist light. I was on flat ground and it only came on when putting the car in drive. Does anyone know why? Fine one day,,the next not fine.
I spoke to the attorney, whom filed the lawsuit against ford. The case was appealed. During the appeals, there is the option to submit claim through mail. Submit the courts voluntary arbitration form with supporting documents of repairs, tows, & etc.
Mail to:
Ford Transmission Settlement P.O. Box 404000 Louisville KY 40233-4000
And my I suggested send it certified, therefore, you will receive confirmation that it was received. This is for arbitration requesting Ford to buy back the vehicle. Google “ford transmission settlement case documents” for the form then print off. You will need form for “Intent to arbitrate”. Sorry, will not allow me to post the link. By the way it can not be submit online. Mail it.
Attorney contact info: Capstone Law APC Phone: (800-279-5343)
I actually received a call back.
Why don’t the lawyers involved in this settlement answer the questions asked in these email? How much longer before we car buyers/owners receive some compensation?
I called & received a call back.
I have a 2012 focus ,it has been the garage at least 10 times for the transmission, every time I turn around there is something else that comes up,
I have a 2012 focus ,it has been the garage at least 10 times for the transmission,