Fraud Allegations Fuel Ongoing Controversy Over PowerShift Transmission in Ford Focus and Fiesta Models

DETROIT, July 27, 2017 /PRNewswire/ -- There are approximately 1.5 million current or former owners and lessees of 2012-2016 Ford Focus and 2011-2016 Ford Fiestas affected by an uncorrectable and dangerous PowerShift transmission defect. While this issue has been festering in the U.S. for several years, Australia's top consumer protection agency now alleges 'misleading,' 'deceptive' and 'unconscionable' efforts by Ford in their effort to conceal this transmission defect.

Ford Focus and Fiesta owners have long reported consistent jerking and shuddering while driving these vehicles, and many have experienced delayed acceleration and deceleration. In some instances, drivers reported unintended acceleration when stopped at traffic lights, and other times the cars would roll backwards on an incline.

To avoid or limit its liability under these state and federal consumer protection laws, Ford has entered into a Class Action Settlement that is binding on current and former Focus and Fiesta owners, and lessees of vehicles equipped with the PowerShift transmission. Class members may be entitled to receive money or other benefits that the settlement provides. Any owner or lessee who has not filed suit against Ford and opted out of Ford's settlement prior to Sept. 5 will automatically be bound to the terms of Ford's Class Action Settlement.

The Class Action Settlement permits Ford to limit owner recovery, in large part, to the number of dealership visits in which a transmission part replacement occurred and to limit buybacks by subjecting owners to state Lemon laws. According to Ford's Settlement Notice, owners may qualify for "up to $2,325" and a possible "repurchase of your vehicle through an arbitration procedure."

The reality is that:

• Owners must have at least three transmission part replacements to qualify for even $200.
• Owners may qualify for "up to $2,325" after at least eight transmission part replacements occurring on eight or more dealership visits.

There is another, better option for consumers to recoup losses, both time and financial. A Mass Action lawsuit has been filed against Ford Motor Company that is being led by Stern Law.

"Ford fraudulently dismissed owner and lessee concerns surrounding the PowerShift transmission, by stating that the problems incurred were normal and not a safety concern," said Ken Stern, co-lead attorney in the Mass Action and founder and principal of Stern Law. "Dealerships could turn away customers, many still under warranty, claiming that this is, 'just how the car works,' or that the concerns were 'all in the owner's head,' and that the problem could not be replicated. These statements and efforts will now frustrate efforts for many to secure compensation under Ford's Class Action Settlement that requires transmission part replacements which Ford and its dealerships actively discouraged," Stern added. "Less than 1 percent of our clients received eight or more transmission part replacements and would never qualify for the $2,325."

This has now become a global issue as of July 26, as the Australian Competition and Consumer Commission (ACCC) issued a press release indicating it has begun proceedings against Ford Motor Company of Australia Limited (Ford) alleging that it engaged in unconscionable and misleading or deceptive conduct, and made false or misleading representations in its response to customer complaints about the same Ford Focus and Fiesta vehicles covered under Ford's Class Action Settlement.

In the U.S., to date, nearly 10,000 clients have already said "No" to Ford's Class Action Settlement and joined Stern's Mass Action Complaint against Ford. Hundreds more agree to join Stern's Mass Action every day.

Mass Action lawsuit benefits include:

• Owners and lessees can pursue the maximum allowable compensation available under the law, including detailed claims of fraud, starting with a possible full buyback, or depreciation/lost value. They can also pursue out-of-pocket expenses such as rental car fees, lost wages and inspection fees paid to address these problems. These will be determined by a judge in a court of law.
• Owners and lessees receive all the damages they're entitled to receive in a legal proceeding, including a buyback.
• The client never pays any attorney's fees, at any time. Ford must pay any legal fee and the client's award is always separate from the legal fee.
• The attorney never accepts any award without client approval. Each claim is different and every award is customized based on the unique circumstances of each client's case.

"The benefits of the Mass Action suit far outweigh those of the Ford Class Action settlement," said Ken Stern. "We encourage all owners and lessees to opt out of the settlement and join nearly ten thousand in the Mass Action suit."

Consumers interested in participating in the Mass Action suit should visit FordTransmissionProblems.com and www.facebook.com/YourLegalJustice.  

SOURCE Stern Law, PLLC

Related Links

http://fordtransmissionproblems.com