The automaker paid millions of dollars in the 2020 Ford transmission settlement to buy back affected vehicles. The 2020 Fiesta and Focus transmission settlement involved approximately 7,000 drivers. The 2022 lawsuit involves newer Fiesta and Focus vehicles.
After the matter was sent back to the district court, and after a mediation of the parties on December 9, 2019, an amended class settlement was reached between Plaintiffs, Ford, and objecting class members to provide for some additional benefits to the class. Most of the existing settlement structure and benefits remained in place, but the amended settlement now provides for a $20 one-time payment for class members who were denied repairs, changes that will make it easier for former owners/lessees to get a buyback in arbitration, and the creation of a $30 million guaranteed minimum payout for cash payments under the settlement.
The Long Form Class Notice summarizes the Settlement. More details, including the actual Settlement Agreement, are available at www.fordtransmissionsettlement.com. You may also contact Class Counsel at 855.310.9583 (on or before April 30, 2020) or Tel: 866-955-5890 (after April 30, 2020) for more information and assistance with your claim. You may also contact Class Counsel via email at email@example.com.
Georgia's Lemon Law is designed to help you get a defective vehicle repaired by the manufacturer. If your motor vehicle cannot be repaired after a reasonable number of attempts and is found to be a \"lemon\", the law requires the manufacturer to replace or buy back (repurchase) the vehicle.
In addition to the cash payment, the settlement would reportedly outline an easier path for customers to get compensated in a buyback program for defective cars. The settlement would replace an earlier proposed settlement that was rejected by a federal appeals court as being unfair to customers and overly generous to lawyers.
Ford in court filings acknowledged it has already spent almost $48 million between October 2017 and the end of 2019 to buy back 2,666 vehicles, the Detroit Free Press reported. The Freep previously reported that Ford employees said they were discouraged from speaking up about the problems, which they said were well-known before the cars went on sale.
The settlement's most valuable relief is a buyback of your vehicle. If you qualify under your state's lemon law (see lemon law resources tab for more), or if you have had 4 Service Visits for transmission hardware repairs within 5 years or 60,000 miles (whichever comes first), you can receive a buyback. Buybacks typically range from $15,000-$22,000. You may be eligible to receive a buyback even if you no longer possess your vehicle.
Ford will have ten days upon receiving your Notice of Intent to Arbitrate to respond. Ford may offer to provide a buyback directly. (Absent unusual circumstances, you should accept the buyback offer.) After ten days, if you do not receive a buyback offer (or reject the offer), you can proceed to the arbitration program, which is akin to a mini-trial. The program is administered by CAP-Motors, an independent entity vetted by us and Ford, and a neutral arbitrator will review your claims and make a determination as to whether you qualify for a buyback.
As a rule of thumb, we suggest that all current and former owner/lessees of a 2011-2014 Ford Focus or Fiesta who qualify for a buyback submit a notice of intent to arbitrate by November 4, 2020 (which requires sending a Notice of Intent to Arbitrate by October 25, 2020). Current or former owners/lessees of 2015-2016 Class Vehicles should submit a Notice of Intent to Arbitrate at least 10 days before your deadline to file your request to arbitrate, which is 6 years of the date of delivery to the first retail owner. Whether to file for the buyback program should be reviewed first with class counsel.
The settlement has created a faster process for getting a buyback. It typically takes 2 to 3 months from the time you file your claim to get an arbitration award for a buyback. Your buyback claim will be decided by an independent arbitrator affiliated with CapMotors (a service unconnected with Ford or class counsel that the parties selected after careful evaluation). While Ford is obligated to pay for the arbitration services and the arbitrator's fees under the settlement, the arbitrator is independent and follows rules negotiated by class counsel. The plaintiffs seeking a repurchase in court has been waiting for over 2 years for relief.
Everyone who qualifies for a buyback in court under state law can also get a buyback under the settlement. While some class members may also seek and obtain other relief besides a buyback, if your only claim is for a buyback, you will likely not see any benefit to being in court.
An amended class settlement was reached between Plaintiffs, Ford, and objecting class members to provide for some additional benefits to the class after a mediation of the parties on December 9, 2019. Most of the current structure and benefits remained in place, but the amended settlement now provides for a $20 one-time payment for class members who were denied repairs, changes so that will make it easier for former owners/lessees to get a buyback in arbitration, and the creation of a $30 million minimum guarantee for the cash payments.
As a Class Member, you may be eligible for the repurchase or replacement (\"buyback\") of your car by Ford. Claims for this benefit may depend on your state's \"lemon law.\" Such claims will processed through an expeditious arbitration process. The arbitration administrator, Cap-Motors, was chosen jointly by class counsel and Ford after a careful vetting and is completely neutral.
Extension of the statute of limitations. For Class Members who seek a repurchase, you have until 6 years from first sale, or 180 days from the Effective Date (whichever is later), to submit a claim. As a practical matter, every Class Member who may have a viable buyback claim should do so within 180 days of the Effective Date (or by approximately October or November 2020).
Civil Penalties. An arbitrator may award civil penalties if the applicable state law provides for it, and if it can be demonstrated that Ford knows of its obligation to provide a buyback under state lemon law and failed to do so.
At Capstone Law APC, we believe that employees should be treated fairly, consumers should get what they pay for, and rights should be protected even when someone cannot afford a lawyer. Capstone Law seeks to represent employees, consumers and investors across the country in litigation involving labor and workplace rights, privacy laws, automobile and other product defects, consumer protection, false advertising or other deceptive trade practices, and securities fraud.
If you have had three or more Service Visits for hardware repairs, software flashes, or had a refused repair before April 7, 2020 (see Summary of Benefits), you should submit a claim by October 5, 2020. Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011. 59ce067264