Basic Information Regarding the Class Settlement
The following is a summary of benefits available under the Class Action Settlement in this matter. This summary is provided for the convenience of Class Members, but it does not include a complete description of the limitations and requirements that apply to claims for benefits. Please see the Settlement Agreement and the FAQ Section of the Settlement Website for more information regarding Settlement claim limitations and requirements. In the event of a conflict between the Settlement Agreement and this summary, the Settlement Agreement governs.
You are a Class Member if:
- You are a current or former owner or lessee of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a dual-clutch DPS6 or "PowerShift" automatic transmission ("PowerShift Transmission"); and
- On or before July 14, 2017, you did not file and serve an individual lawsuit against Ford alleging problems with the PowerShift Transmission.
There are several types of compensation available to qualifying Class Members, including (1) Vehicle Repurchase; (2) Cash Payments for Transmission Hardware Replacements; (3) Cash Payments for Software Flashes; and (4) Compensation for Denied Repairs. Cash payments will be made by pre-paid card.
Class Member Benefits
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 be 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.
How to Submit a Claim. Before you can claim this relief, you must provide Ford with notice of your intent to arbitrate at least ten (10) days before you submit your claim. Notice of intent to arbitrate can be provided through a form available at www.fordtransmissionsettlement.com, or by calling 1-888-260-4563. After you have provided Ford with notice of your intent to arbitrate, you may begin the arbitration process by submitting a request for arbitration at www.consumerarbitrationprogram.com.
To determine whether you would qualify for a repurchase, please review your state’s lemon law (or consult a lemon law lawyer) to find out if you satisfy the minimum requirements. Typically, state lemon law requires that a Ford dealer make two or more repair attempts within a certain number of miles (often 12,000 or 18,000).
Time for Filing. Your claim for a repurchase will be timely if you file a request for arbitration within 6 years of delivery of your vehicle to the first retail customer or November 4, 2020, whichever is later. If you have a 2011-2015 model year Class Vehicle, you should assume that November 4, 2020 is your deadline. If you have a 2016 or later model year Class Vehicle, you should consult your records to determine when your vehicle was first delivered to a retail customer. Even if you do not know when that date is, you will have until at least November 4, 2020 to submit your claim.
Settlement Buyback Standard. Even if you are not eligible under your state’s lemon law, you may be eligible for a buyback under the Settlement if:
- At least four Transmission Hardware Replacements were performed during separate Service Visits while you owned or leased the vehicle;
- All four Transmission Hardware Replacements were performed within five years or 60,000 miles of original delivery to the first owner or lessee; and
- Your transmission is still malfunctioning or was still malfunctioning at the time you disposed of the vehicle.
Former owners/lessees can qualify for a buyback under this Settlement provision even if they would not normally qualify for a buyback under their state lemon law.
Attorneys’ fees. For class members who prevail in arbitration, the settlement provides that Ford pay up to $6,000 in reasonable attorneys’ fees.
Civil Penalties. An arbitrator may award civil penalties if the applicable state law provides for it, and if it can be demonstrated that Ford knew of its obligation to provide a buyback under state lemon law or the Settlement and failed to do so prior to the Arbitrator’s award. Civil penalties cannot be awarded if Ford reasonably and in good faith believed that the facts did not require an offer to replace the vehicle or refund the lease payments.
Appeal. You may appeal an arbitrator’s award at your own expense. The appeal will be heard by another arbitrator with another arbitration administrator, JAMS. Except for an award of civil penalties, Ford will not be able to appeal an arbitrator’s decision.
Cash payments received for Software Flashes or Transmission Hardware Replacements will be deducted from any award made for a repurchase/replacement.
- Transmission Hardware Replacement
As a Class Member, you may be eligible for cash payments or discount certificates (to be used toward the purchase of a new Ford vehicle) of increasing value for each Service Visit for a Transmission Hardware Replacement. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx
- Eligibility begins with the third Transmission Hardware Replacement. Payments start at $200 for the third Service Visit, an additional $275 for the fourth visit, an additional $350 for the fifth visit, and so on. So, for example, if you have had five service visits, you are eligible to receive $825 in cash ($200+$275+$350).
- You may submit claims for up to the eighth (8) Transmission Hardware Replacement, or up to $2,325 in cash or $4,650 in discount certificates.
- Each Transmission Hardware Replacement must have been performed during a separate Service Visit and cannot have been performed as part of a recall program.
- Each Transmission Hardware Replacement must have been one of ten (10) enumerated parts that will be listed on your repair order (there may be a prefix or suffix surrounding the part number):
- 7B546 Disc Asy-Clutch;
- 7Z369 Control Mod Trans (TCM);
- 7052 Oil Seal-Trans Rear;
- 7000 Transmission Asy-Aut;
- 7C604 Motor-Frt Clutch;
- 7A508 Rod-Cl/Slave Cyl Pus;
- 6K301 Seal/RetC/Shft Oil;
- 7060 Shaft/Bshg Asy-Out;
- 7048 Seal-Input Shaft Oil; and
- 7515 Lever Asy-Clutch Rel.
Time for Filing: If you have had three or more Service Visits for Transmission Hardware Replacements by April 7, 2020, you have until October 5, 2020 to submit your claim. If your third Service Visit for Transmission Hardware Replacements did not occur until after April 7, 2020, you have 180 days from that last Service Visit to submit your claim.
If you have already submitted your claim but have had additional Service Visits for Transmission Hardware Replacements after April 7, 2020 and are thus eligible for additional compensation, you have 180 days from that additional Service Visit to submit your claim.
- Software Flashes
As a Class Member, you may be eligible for a cash payment of $50 for each transmission Software Flash (e.g., TCM update). Eligibility begins with the third Software Flash. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx
- You may submit claims for up to twelve (12) Software Flashes (up to $600).
- Each Software Flash must have been performed during a separate Service Visit and cannot have been performed as part of a recall program.
- Once you become eligible for a Transmission Hardware Replacement payment, as described above, this benefit is no longer available to you.
Time for Filing: If you have had three or more Service Visits for Software Flashes by April 7, 2020, you have until October 5, 2020 to submit your claim. If your third Service Visit for Software Flashes did not occur until after April 7, 2020, you have 180 days from that last Service Visit to submit your claim.
If you have already submitted your claim but have had additional Service Visits for Software Flashes after April 7, 2020 and are thus eligible for additional compensation, you have 180 days from that additional Service Visit to submit your claim.
- A One-Time $20 Payment
If you are not eligible to receive other benefits under the Settlement, you may still be able to receive a $20 one-time payment if you attest that you experienced transmission problems and sought relief within 7 years or 100,000 miles of delivery of your vehicle to the first retail customer (whichever occurs first), but a Ford Dealer refused to make hardware or software repairs because the Dealer claimed there was nothing wrong with the vehicle, and repairs were not subsequently made to the vehicle. A form for submitting a claim for $20 payment is available on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx
Time for Filing: If a Ford dealer denied a Transmission repair on your vehicle before April 7, 2020, you have until October 5, 2020 to submit your claim. If a Ford dealer denied a Transmission repair on your vehicle after April 7, 2020, you have 180 days from that Service Visit to submit your claim.
- Breach of Warranty Arbitration
As a Class Member, you may be eligible for compensation for repairs that should have been covered by warranty (breach of the New Vehicle Limited Warranty or its extensions). Such claims will be subject to Arbitration.
You must submit your claim to the Arbitration Administrator. The Arbitrator may order one of three (3) forms of compensation, if you win:
- The repair of your PowerShift Transmission;
- Reimbursement of what you already paid to repair your PowerShift Transmission; or
- Issuance by Ford of an extended service plan for your car.
- Replacement Clutch for Certain Vehicles
Certain Class Members may be eligible for reimbursement of costs they paid related to multiple clutch replacements, in addition to an extended warranty on the last clutch installed, if all the following apply:
- Your car was manufactured after June 5, 2013;
- Two clutch replacements were performed within 5 years/60,000 miles of original delivery (to the first owner or lessee);
- Your repair order for a third clutch replacement states the need for a new clutch;
- The third clutch replacement was performed within 7 years/100,000 miles of original delivery; and
- You paid out-of-pocket for the third clutch.