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Ford Dual Clutch Transmission Class Action Lawsuit

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Ford Dual Clutch Transmission Class Action Lawsuit

Ford PowerShift Transmission Defect

Charney Lawyers has commenced a national class action in Toronto against Ford Motor Company and Ford Motor Company of Canada Limited (hereinafter "Ford") on behalf of all residents of Canada who purchased or leased a Ford Fiesta motor vehicle for the model years 2011 to 2016 and all residents of Canada who purchased or leased a Ford Focus motor vehicle for the model years 2012 to 2016 manufactured by Ford equipped with a PowerShift dual clutch transmission. This lawsuit is only on behalf of Canadian residents.

Approved Claims

The payment for approved claims will begin to be paid effective April 28, 2020 and thereafter quarterly.

What is the Deadline to Make a Claim? - The Claims Period commenced on June 26, 2019. You are now able to submit a claim, to access the forms please click here.

To claim cash payments or discount certificates for transmission hardware replacements (THRs) and software flashes which have already occurred, your Claim Form must be submitted online or postmarked by December 23, 2019. For THRs and software flashes which occur in the future (up to seven years or 160,000 kilometres after the warranty start date), your Claim Form must be submitted online or postmarked within 180 days of the service visit.

To claim for Alternative Benefits:

•if your Class Vehicle has had, or in the future will have, two or three eligible THRs while you continue to own or lease it, your Claim Form must be submitted online or postmarked by the later of December 23, 2019 or within seven years or 160,000 kilometres of the warranty start date;
•if your Class Vehicle has had, or in the future will have, four or more eligible THRs while you continue to own or lease it, your Claim Form must be submitted online or postmarked by the later of December 23, 2019 or within six years of the warranty start date.

Update:

  1. 01.17: Payment for approved claims will begin to be paid effective April 28, 2020 and thereafter quarterly.
  1. 06.26: The Claims Period commenced on June 26, 2019. You are now able to submit a claim, to access the forms please click here.
  1. 05.16: Justice Morgan's signed order varying the order dated March 21, 2019 that approved the settlement can be found here.
  1. 05.15: CBC reports on Ford settlement. Read article here.
  1. 05.02: Justice Morgan's signed order approving the settlement and class counsel fees can be found here.
  1. 04.09: The settlement has been approved by the Superior Court of Justice. The reasons can be found here.
  1. 03.20: The settlement approval motion was heard on March 18, 2019. We are waiting on the judge's decision and will post the decision once we receive it.
  1. 01.11: Quebec Superior Court grants application to suspend the application for authorization to institute a class action in Quebec. The Ontario national class action settlement approval hearing will be heard on March 18, 2019.

The decision can be found here.

  1. 11.29: Ford Dual Clutch Transmission Class Action has settled subject to court approval

Please note on November 13, 2018 a judge of the Superior Court of Justice certified the Ford Dual Clutch Transmission class action for settlement purposes and approved a draft short form and long form notice, as well as a Notice Program to inform class members of the proposed settlement. The final version of the short-form and long-form notices can be accessed from the link set out below. The term sheet evidencing the settlement can also be accessed below.

For more information please see the settlement website: http://www.fordtransmissionclassaction.com/

The Order of the Court certifying the class action for settlement purposes, together with the Schedules to the Order can be accessed here.

  1. 11.26: Court certifies class action against Ford. Read the decision here.
  1. 11.08: Court dismisses Merchant Law Group request to intervene in Ontario certification motion. A copy of the decision can be read here.

The lawsuit seeks compensation of $825 million for a defect contained in the PowerShift dual clutch transmission, which causes drivers of these vehicles to experience transmission slips, kicking, jerking, harsh engagement, sudden acceleration, delay in downshifts, delayed accelerations, the inability to accelerate, difficulty stopping the vehicle, and difficulty climbing elevated grades.

In the lawsuit, it is alleged that the PowerShift dual clutch transmission is offered as the sole automatic option in Ford Fiesta motor vehicles for the model years 2011 to 2016, and Ford Focus motor vehicles for the model years 2012 to 2016, and is marketed by Ford as a more advanced and fuel efficient hybrid between a manual transmission and an automatic transmission.

The PowerShift dual clutch transmission is essentially two manual transmissions working in parallel, each with its own independent clutch unit.

To date, a total of over 145,000 Ford Fiesta motor vehicles for the model years 2011 to 2016, and Ford Focus motor vehicles for the model years 2012 to 2016 have been sold in Canada.

It is alleged in the lawsuit that drivers of these vehicles have consistently experienced transmission slips, kicking, jerking, harsh engagement, sudden acceleration, delay in downshifts, delayed accelerations, the inability to accelerate, difficulty stopping the vehicle, and difficulty climbing elevated grades. The alleged cause of these hazardous movements or lack thereof is a defect in the PowerShift dual clutch transmission. The defect affects the driver's ability to control the vehicle's speed, to prevent it from lurching forward, acceleration and deceleration.

It is alleged in the lawsuit that to date, Ford has not acknowledged that the defect exists nor have they recalled the vehicles. It has come to the attention of Charney Lawyers that a service manager at a leading Ford dealership is of the opinion that the transmissions in the Ford Fiesta and Ford Focus motor vehicles will not function properly at low speeds. The same manager is also of the opinion that the software update recently offered by Ford will not solve the problem.

Owners of the motor vehicles have inundated Ford dealerships with complaints about the performance of the PowerShift dual clutch transmission. Despite bringing the defect to the attention of the dealerships and despite efforts by the dealerships to correct the problem, it is alleged in the lawsuit that that the problem continues and is likely incapable of repair.

It is alleged in the lawsuit that Ford has known since at least 2011, if not earlier, of the problems associated with the PowerShift dual clutch transmission but Ford does not bring the defective transmission to the attention of purchasers before selling the vehicles.

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