Ford Dual Clutch Transmission Class Action Lawsuit

Romeo v. Ford Motor Co.

Court File No: CV-15-539855-00-CP

Case Information:

A national class action lawsuit has been commenced 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.

The lawsuit alleges that certain Ford Focus and Fiesta vehicles are equipped with a defective PowerShift Dual-Clutch Automatic (DPS6) Transmission (“PowerShift Transmission”) that may slip, buck, kick, or jerk, and result in sudden or delayed vehicle acceleration. Ford denies that they have violated any laws, deny that they have engaged in any wrongdoing, and deny that there is any safety hazard or defect.

The Settlement:

A Canada-wide settlement has been reached with Ford certified by the Supreme Court of Ontario.

You are a member of the proposed Settlement Class (“Class Member”) if you are a past or current owner or lessee of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a PowerShift Transmission (“Class Vehicle”).

Detailed information regarding the Settlement can be found in the Long-Form Notice.

Settlement Approval:

The settlement has been approved by the Superior Court of Justice. The reasons can be found here. Justice Morgan's signed order approving the settlement and class counsel fees can be found here. An amendment to Justice Morgan's approval order can be found here.

WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?

If an authorized Ford dealer performed three or more transmission software flashes on your Class Vehicle, you may be entitled to cash payments ranging from $65 to $780, depending on the number of service visits.
If an authorized Ford dealer replaced three or more qualifying hardware parts in your PowerShift Transmission while you owned the Class Vehicle, you may be entitled to cash payments ranging from $252 to $2,932 or Vehicle Discount Certificates ranging in value from $504 to $5,864, depending on the number of service visits.
If your Class Vehicle was manufactured after June 5, 2013, and two or more clutch replacements were performed on your Class Vehicle under warranty, and you had to pay for a clutch replacement after warranty, you may qualify for reimbursement.
Alternatively, you may be entitled to “Alternative Benefits”, which are designed to compensate Class Members with ongoing clutch malfunctions by refunding the entire cost of purchasing or leasing the Class Vehicle, less a reduction for the usage of the Class Vehicle and the residual value of the Class Vehicle at the time the claim is submitted, with Class Members keeping the vehicle or being offered a repurchase by Ford.

Detailed information regarding the Settlement Benefits can be found in the Long-Form Notice.

Participation in the Settlement:

To receive benefits in the class action, you must submit a claim form. Click here to submit a claim.

What is the Deadline to Make a Claim?

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.

Important Dates:

Deadline to submit Objections to the Settlement	March 5, 2019
Deadline to submit Opt Out Forms	March 5, 2019
Settlement Approval Hearing	March 18, 2019 at 10:00 AM
Claims Administration Commencement Date	June 26, 2019

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

Questions?

Answers to frequently asked questions are available here.

Charney Lawyers acts on behalf of the Class.