Wednesday, August 23, 2017

Ford Fusion, Fiesta Class Action Deadline: Sept. 5




Do you have a Ford Fusion or Ford Fiesta? Have you been having trouble with your PowerShift transmission? You may be under the gun to get proper compensation for this important vehicle defect.

Transmission Trouble for Ford Fusion and Fiesta Owners

Ford Fusion and Ford Fiesta owners have been facing transmission problems for years. The supposedly upgraded PowerShift transmission has left them with nothing but trouble. The vehicles sputter and make noise during rapid acceleration or shifts in speed and lurch to a halt even when the brakes are applied evenly. 

The problem is the ‘dry clutch’ within the PowerShift transmission system. Mechanically, the PowerShift is a manual transmission controlled by a computer. Oil is not supplied to the shifting mechanism during shifting, and this can cause wear and tear on the system. When the computer can’t react to rapid shifts in speed – including accelerating away from an intersection or an abrupt stop – this can create a safety hazard and put Ford drivers at risk.

Many Ford owners have had to take their Fusions and Fiestas in for repairs and software updates multiple times, even after only 3-4 years of ownership. In response, Ford has had to extend the warranty on the vehicles. But that hasn’t been enough to fix the defect, it only creates delays and costs for vehicle owners. 

California Class Action Settlement Doesn’t Adequately Compensate Consumers

In response to the defect, in January 2015, a California law firm has filed a class-action lawsuit. It alleged the dual clutch transmission (called the PowerShift transmission) is defective, resulting in reduced used car values, repair costs, and other damages. As a class-action it will represent the interests of every Ford Fusion and Fiesta owner who does not choose to opt out.

Earlier this year, the California class action settled. This triggered a period of time when the attorneys representing the class have to provide notice to the people affected. But in a nationwide class-action like the Ford Fusion/Fiesta case it can be hard to track down everyone affected. Used car owners, in particular, could not find out about the class action until it is too late to decide for themselves if the settlement is fair or if they want to proceed on their own. 

Who Needs to Opt Out

The class action applies to approximately 1.5 million owners and lessees of model year 2011-2016 Ford Fiesta and 2012-2016 Ford Focus vehicles with optional dual-clutch PowerShift transmissions. It awards reimbursements or credits toward the purchase of a new Ford vehicle based on:
  • The number of service visits to address the problem
  • The number of software flashes owners had to have downloaded
  • Repairs done or denied under Ford’s New Vehicle Limited Warranty

Class Action Opt Out Deadline is Sept. 5

The California lawsuit does not take into account all of the recovery you may be entitled to under state and federal consumer protection and lemon law statutes. Defects like the ones alleged in this case also entitle consumers to shift the costs of litigation onto the manufacturers through a “mass tort” lawsuit. That means it may be better for many Ford owners to opt out of the class action and join into a mass tort lawsuit instead. A future post will explain the differences between the cases, and how opting out can benefit Ford owners.

The settlement that has been entered and could entitle Ford Fusion and Fiesta owners to $50 to $2,325 per claim. But your case could be worth far more. And if you don't act soon you could miss out. Under the terms of the Settlement, owners and lessees will be bound by the terms of the Ford Class Action Settlement unless they opt-out by September 5, 2017.

So the pressure is on to get the word out to as many Ford owners as soon as possible. Lemon law lawyer Dani K. Liblang of The Liblang Law Firm, PC, in Birmingham, Michigan has teamed up with Stern Law, PLLC, in 54 mass tort lawsuits, representing over 10,000 vehicle owners. These lawsuits will take advantage of state and federal laws to get Ford owners the compensation they deserve. But only if they opt out soon. 

If you or someone you know is affected by the class action, visit www.FordTransmissionProblems.com to learn more about the lawsuits and get your claim started today, before it’s too late.

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