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Second Ford C-Max, Fusion Hybrid Class Action Lawsuit Filed
By Mike Holter
Ford Motor Co. has been hit with a second class action lawsuit claiming it overstated the fuel efficiency of its 2013 Fusion and C-Max Hybrid vehicles by as much as 10 miles per gallon.
Plaintiff James Oldcorn alleges in the class action lawsuit that he relied on marketing statements that the 2013 C-Max Hybrid could attain 47 miles per gallon when he purchased the car. However, a recent Consumer Reports investigation uncovered that the C-Max Hybrid and Fusion Hybrid fell significantly short of the EPA window sticker rating.
“The EPA numbers provide a necessary tool for vehicle comparison for consumers when evaluating vehicles to lease or purchase,” the class action lawsuit says. “Because the window stickers’ representations were grossly inaccurate, many consumers who purchased or leased the vehicles based on deceptive fuel economy claims have suffered injury.”
According to Consumer Reports, the Ford C-Max only obtained 37 mpg overall and the Fusion Hybrid only achieved 39 mpg overall, despite having window stickers stating they achieved 47 mpg.
The report prompted the Environmental Protection Agency to review Ford’s fuel efficiency claims, after which it announced Ford failed to comply with the agency’s testing procedures, the class action lawsuit says.
Oldcorn is seeking to represent a proposed class of all Florida residents who purchased or leased a 2013 Ford Fusion Hybrid or C-Max Hybrid. A class action lawsuit filed in December is seeking to represent a proposed class of all California consumers or nationwide consumers who purchased or leased the vehicles.
The fuel efficiency claims are the latest in a long string of legal troubles for the car manufacturer.
Last week, Ford customers in 14 states filed a class action lawsuit alleging 30 Ford models accelerate unintentionally and suddenly without any way to stop them. Ford is also facing numerous claims that it knowingly sold certain vehicles equipped with engine defects. At least one class action lawsuit settlement has been reached with consumers who purchased or leased a 2003-2007 Ford vehicle equipped with a diesel engine.
The latest Ford C-Max, Fusion Hybrid Class Action Lawsuit case is Oldcorn v. Ford Motor Co., Case No. 13-cv-60738, U.S. District Court for the Southern District of Florida.
Updated June 14th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
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11 thoughts onSecond Ford C-Max, Fusion Hybrid Class Action Lawsuit Filed
I have owned a C-max for now 5 months. It is a 2013 model with 42,000 miles, I have yet to see that it gets 47 mile a gallon. Mine is 34 to 38 miles/gallon . I changed oil twice, I checked tires wear and balance, Engine had a tune up to no avail. Very disappointing, Contact me for this law suit
I love my CMAX! But the gas mileage thing was not true…AT ALL! I did sign up for the law suite, but got no reply…it is a shame! I am worried that even the dealer I bought the car from….it telling me they don’t know if they can trade it in!!!!! I was told different when I bought it! Well, I guess I should have found a real lawyer to help me……not an internet lawyer….again, never got a response at all! :( If anyone reads this…please contact me!
I bought the Ford C Max Hybrid, and The sticker advertised 100 MPG. It gets about 42 MPG at best. Is there a way to get on this law suit yet or start a new one? I did not get any help through Broadway Ford dealership in Wisconsin or Ford Motor Company. I will never buy or lease another Ford.
Please add me too! I still have the sticker!!!! Mine said 47/47! I bought in July! And never told there was even a problem!
Please include me in his lawsuit. My sticker said 47 mpg and I get 38.
I purchased in Sept2013 so the dealers knew at hat time he stickers were incorrect.
Not getting the advertized “47/47/47” and am very disappointed. I’m only seeing 32 city/39 highway, and my lifetime MPG (per the dash readout) is only 36.1. What makes it worse is it’s been in the shop for the last week (only 2800 miles on it) with an electrical problem. The Hyundai Elantra they gave me as a loaner is getting 36 city/48 highway!! If Ford had adjusted their claims of fuel economy as soon as they realized they were lying, it probably wouldn’t be so bad. They continued touting “47” even as the law suits were being filed, and likely pulled in a few more suckers (like me) with promises of great fuel economy.
New 2013 Ford Fusion Hybrid – Love the car.
MPG SUCKS.
IL to CT and back. avg mpg = 35
If I drive 60mph or less and try to kick in EV as much as I can… my best has been 42mpg so far.
Another former Prius owner wanting to buy “American” I drove my Prius for 8 1/2 years and wish I still owned it! My worst mileage was 45mpg and my best was 50. I know how to drive a hybrid!
I am very disappointed with my Ford C-Max! And with Ford in general for false claims of 47/47.
We baught a 2013 Ford C-Max in Jan 2013 and have yet to average anything over 38 MPG except when driving in town which we can get a lot better MPG because we can get it into the battery mode more frequently and longer.We baught the car strictly based on the window sticker 47 MPG city AND hiway. Sick to my stomach thinking I have been had by Ford. I am 66 years old and have never owned any other car than a Ford. I baught my 1st car in 1967 when I got out of the sevice and have been Ford every since. sad sad sad !
Open letter to Ford:
I thought my 2013 C-MAX would be a Prius Killer? NOT! As a returning Ford buyer I feel deceived. I want to support US companies and US jobs. What was Ford thinking when they published 47/ 47/47 estimates? Based on the advertised EPA estimates, I would have been ok with low 40’s but 28-33 mpg is not even in the ballpark. This is not an issue about EPA testing standards, but rather an issue about setting false customer expectations in order to promote sales. Ford’s “47MPG” marketing campaign tarnished what should have been the roll out of a truly remarkable vehicle, the CMAX. Real world MPG estimates should have been promoted in the mid-30’s. No one would have questioned those numbers and the CMAX would have received the accolades it deserves. How these MPG estimates made it through Ford corporate is beyond me! Maybe it was the rush to go to market? I have been accused of not knowing how to drive hybrid. For the record, during the last three years I have leased both a 2010 Prius and 2010 Honda Insight Hybrid, and consider myself an experienced hyper-miler. My mileage in the Prius is 50 plus, the Insight is 40 plus. The C-MAX is a well-built car, with extremely inflated EPA estimates. I respectfully request that this matter be investigated as soon as possible. My efforts to deal with this locally and through Ford customer service have frustrated me to no end. The constant response? “You need to learn to how to drive hybrid type of vehicle “. Is there a difference how I drive Prius Hybrid vs. the CMAX hybrid? I think we all know the answer to that. I need someone at Ford to reach out to me and assist in a proactive manner so we can put this matter to rest.
Ronald Kramer Yankee Ford Customer.
South Portland, Maine