Ford PowerShift Transmission Settlement

Frequently Asked Questions

  1. What is the Notice and why should I read it?
  2. What is this lawsuit about?
  3. Why is there a Settlement?
  4. How was this Settlement reached?
  5. What vehicles are included in the Settlement?
  6. What options do I have now?
  7. Why is this a class action?
  8. What am I giving up in exchange for receiving the Settlement’s benefits?
  9. How do I know if I am part of the Settlement?
  10. Am I still eligible for benefits if I purchased my Class Vehicle from a private owner?
  11. How do I qualify for Cash Payments or a Vehicle Discount Certificate for Transmission Hardware Replacements?
  12. How much would I be entitled to receive for three or more Service Visits for Transmission Hardware Replacements under the Settlement?
  13. Can I receive an additional payment if I had another visit for a Transmission Hardware Replacement after Final Approval of the Settlement?
  14. What can I do with a Vehicle Discount Certificate?
  15. When do the Vehicle Discount Certificates expire?
  16. How do I qualify for payments of Software Flashes?
  17. How much cash can I receive for Software Flashes?
  18. Can I get cash payments for both Transmission Hardware Replacements and Software Flashes?
  19. If I qualify for a Transmission Hardware Replacement, am I still eligible for payments for Software Flashes done on the same Service Visits?
  20. What if I can’t figure out what payments I qualify for?
  21. How do I make a claim for Transmission Hardware Replacements or for Software Flashes?
  22. What supporting documents do I need to submit to make a claim for Transmission Hardware Replacements or for Software Flashes?
  23. What is the deadline to make a claim for Transmission Hardware Replacements or for Software Flashes?
  24. When will I receive my cash payment or Vehicle Discount Certificate?
  25. What are my options if the Claims Administrator denies my claim for a Cash Payment or Vehicle Discount Certificate?
  26. What if I want Ford to repurchase or replace my car? What are my options?
  27. What is the Arbitration Program?
  28. What are the benefits of filing a claim in the Arbitration Program?
  29. What must I do before submitting a claim to the Arbitration Program?
  30. What happens after Ford receives Notice of my claim?
  31. How do I know if I qualify to file a claim in Arbitration for repurchase or replacement?
  32. What does the Arbitrator need from me to award a repurchase or replacement?
  33. How much would I get if the Arbitrator awards a repurchase?
  34. Can I still submit a claim for a repurchase if I leased my car? How much would I get?
  35. What if I choose a replacement vehicle?
  36. Will I get attorneys’ fees if I win on the repurchase or replacement?
  37. What do I do if I lose the Arbitration?
  38. What if I received another Transmission Hardware Replacement after losing my Arbitration? Am I permitted to pursue a second arbitration?
  39. What if an arbitrator for the Better Business Bureau or another administrator already denied my claim for repurchase before the preliminary approval of this Settlement?
  40. How do I qualify for the New Vehicle Limited Warranty Arbitration?
  41. What can I get from a New Vehicle Limited Warranty Arbitration?
  42. What is the Arbitrator banned from awarding under the New Vehicle Limited Warranty Arbitration?
  43. What are the differences between the Repurchase/Replacement Arbitration and the New Vehicle Limited Warranty Arbitration?
  44. How do I qualify for reimbursement of what I paid for a replacement clutch?
  45. How do I submit my claim for reimbursement of what I paid for a replacement clutch, and what documents do I need to support my claim?
  46. When will the Settlement finally get approved?
  47. What if I don’t want to participate in the Settlement?
  48. What if I have a pending lawsuit but want to opt-in?
  49. If I am part of the Settlement, can I sue Ford for the same claims later?
  50. If I am not part of the Settlement, can I still get benefits from the Settlement?
  51. If I opt out and pursue my own case, can I get a larger recovery?
  52. Do I have a lawyer in this case?
  53. Who will pay the lawyers?
  54. Can I tell the Court if I do not like the Settlement?
  55. What is the difference between objecting to the Settlement and opting out?
  56. How do I get more information?
  1. What is the Notice and why should I read it?

    You are not being sued. The Court in charge of this litigation authorized the Notice because you may be a member of the Settlement Class.  The Notice explains the proposed Settlement and helps you understand all of your options before the Court decides whether or not to approve the Settlement.

    Your receipt of Settlement benefits, including cash payments, depends on the Court’s final approval of the Settlement and the resolution of any appeals in favor of approval of the Settlement.

    Please be patient and check this Settlement Website regularly. Do not contact Ford Dealers regarding the details of this Settlement because they will not have any information that is not on the Settlement Website.

    Top

  2. What is this lawsuit about?

    This Settlement resolves litigation against Ford alleging that Ford defectively designed the PowerShift Dual-Clutch Automatic Transmission in certain 2011-2016 Ford Fiesta and 2012-2016 Ford Focus vehicles (“Class Vehicles”).

    The Actions allege that the PowerShift Transmission in the Class Vehicles was defectively designed and manufactured by Ford, causing it to slip, buck, kick, and/or jerk, resulting in the sudden or delayed acceleration of the vehicle.  Plaintiffs have asserted nationwide claims under federal and state express and implied warranty laws and under consumer protection statutes.

    You can read the operative complaint by visiting Case Documents.  Ford denies that it has violated any law, denies that it engaged in any wrongdoing, and denies that Class Vehicles’ PowerShift Transmission is defective in any way.  The parties agreed to resolve these matters before these issues were decided by the Court.

    This settlement does not involve claims of personal injury or property damage to any property other than the Class Vehicles.

    Top

  3. Why is there a Settlement?

    A settlement is an agreement between a plaintiff (or multiple plaintiffs) and a defendant (in this case Ford) to resolve a lawsuit.  Settlements end all or part of a lawsuit without a trial and without the court or a jury ruling in favor of either side.  All parties in the lawsuit agree to a settlement to avoid the cost and risk of further litigation, including a potential trial, and to afford Class Members benefits in exchange for releasing the defendant from liability.  This proposed Settlement does not necessarily mean that Ford broke any laws or did anything wrong, and the Court did not decide which side was right.  The Court has simply found the parties’ Settlement to be, at least preliminarily, fair and reasonable to Class Members.  As part of preliminarily approving the Settlement, the Court also authorized the Notice to be posted on this website so that it can be accessed by all Class Members.

    The Notice summarizes the Settlement’s key terms, including benefits to Class Members, Arbitration procedures, and the rights and obligations of all parties.  If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs. Terms that are defined in the Settlement Agreement have the same meaning in the Notice.

    Top

  4. How was this Settlement reached?

    Plaintiffs and Ford reached this Settlement after four private mediation sessions conducted by experienced and highly-respected mediator Eric D. Green.  During these sessions, Plaintiffs’ counsel and Ford’s counsel engaged in extensive arms’-length negotiations.  The parties first reached a settlement on the relief for the Class following the third session, then participated in a separate mediation to negotiate attorneys’ fees.  An agreement was reached thereafter.  Both sides then negotiated the final terms of the Settlement Agreement, which was submitted to the Court for approval.

    Top

  5. What vehicles are included in the Settlement?

    This Settlement covers 2011-2016 Ford Fiesta and 2012-2016 Ford Focus vehicles that are equipped with a PowerShift Transmission and were originally sold in the United States and its territories.  They are called “Class Vehicles” in the Settlement and the Notice.  

    Top

  6. What options do I have now?

    The deadline to request exclusion from, opt in to, comment on or object to the Settlement has passed. You can submit a claim for benefits under the Settlement, but please be aware that the Ninth Circuit Court has vacated and remanded the Final Approval to the Settlement which means the Settlement’s Final Approval has been set aside and claims will not be processed or paid until there is a new Effective Date , which will not occur until the Settlement again receives final approval from the district court and all further appeals have been exhausted. You can also submit a claim to the Arbitration Program.

    Top

  7. Why is this a class action?

    A class action is a representative action or lawsuit in which one or more plaintiffs (also called “class representatives”) sue a defendant on behalf of other, unnamed people with similar claims. All of these people together are the “Class” or “Class Members,” if the Court approves this procedural form.  Once approved, the Court resolves the issues for all Class Members, except for those who opt out of the Class.  To opt out means that you choose to exclude yourself from the Class. If you opt out, you will be denied any benefits under the Settlement.  The opt-out process is described in Questions 49-55 below.

    Top

  8. What am I giving up in exchange for receiving the Settlement’s benefits?

    If the Settlement becomes final and you have not opted out, you will be eligible for the benefits described in the Notice.  In exchange for having those benefits available to you, you will give up your right to sue Ford and related parties for claims based on problems with the PowerShift Transmission.

    The Settlement does not resolve claims related to wrongful death, personal injury, or property damage unrelated to the Class Vehicle itself.  

    Top

  9. How do I know if I am part of the Settlement?

    You are a Class Member if you are a person, entity, or organization who currently resides in the United States (including its territories), and on or before April 25, 2017, you purchase(d), or lease(d) a 2011-2016 Ford Fiesta or 2012-2016 Ford Focus equipped with a PowerShift Transmission that was originally sold by Ford in the United States or its territories.

    If, on or before April 25, 2017, while serving in the United States military overseas, you purchase(d), or lease(d) a 2011-2016 Ford Fiesta or 2012-2016 Ford Focus equipped with a PowerShift Transmission from a dealer under contract with the United States government, you are also a Class Member.

    The following are not included in the Settlement: (1) owners or lessees of Class Vehicles who have filed and served litigation against Ford alleging problems with the PowerShift Transmission in Class Vehicles that was pending as of the Notice Date and who do not dismiss their actions before final judgment in their case and affirmatively elect to opt in to the Settlement; (2) Ford’s officers, directors, employees, affiliates and affiliates’ officers, directors and employees, their distributors and distributors’ officers, directors, and employees, and Ford Dealers and Ford Dealers’ officers and directors; (3) judicial officers and immediate family members assigned to the Actions or any judicial officers who may hear the appeal; (4) all parties to litigation against Ford alleging problems with the PowerShift Transmission in Class Vehicles in which final judgment has been entered; and (5) all entities and natural persons who have previously executed and delivered to Ford releases of their claims based on the PowerShift Transmission.

    However, if you have a pending lawsuit against Ford in which final judgment has not yet been entered, you have the opportunity to opt in to the Settlement. 

    Top

  10. Am I still eligible for benefits if I purchased my Class Vehicle from a private owner?

    If you purchased your Class Vehicle from a private owner, you are eligible for benefits just as you would be if you had purchased your vehicle directly from a Ford Dealer. This means that you are eligible for benefits under this Settlement whether you purchased your Class Vehicle from a private owner, a Ford Dealer, or a third-party dealership (like CarMax), as long as you meet the other Settlement requirements.

    Top

  11. How do I qualify for Cash Payments or a Vehicle Discount Certificate for Transmission Hardware Replacements?

    You may obtain cash payments or a Vehicle Discount Certificate (“Certificate”) toward the purchase of a new Ford vehicle if, while you owned or leased the Class Vehicle, you made three (3) or more Service Visits to authorized Ford Dealers where during each visit a qualifying transmission part was replaced within seven (7) years or 100,000 from the vehicle’s delivery to the first retail customer, whichever occurs first. 

    Those qualifying parts are as follows: (1) 7B546 Disc Asy-Clutch; (2) 7Z369 Control Mod Trans (TCM); (3) 7052 Oil Seal-Trans Rear; (4) 7000 Transmission Asy-Aut; (5) 7C604 Motor-Frt Clutch; (6) 7A508 Rod-Cl/Slave Cyl Pus; (7) 6K301 Seal/RetC/Shft Oil; (8) 7060 Shaft/Bshg Asy-Out; (9) 7048 Seal-Input Shaft Oil; and (10) 7515 Lever Asy-Clutch Rel.  Please review your repair orders to match the part replaced, and be aware that your invoices may have a prefix and/or suffix surrounding the base part numbers identified above.

    This benefit is available to you even if the services were performed under warranty, which means that you need not have paid out-of-pocket for the services or repairs. This benefit is to compensate you for the inconvenience of having to take your car in to a Ford Dealer for multiple repairs.  The benefit is not available, however, for repairs performed as part of any safety or non-safety Recall Program.

    Top

  12. How much would I be entitled to receive for three or more Service Visits for Transmission Hardware Replacements under the Settlement?

    You are entitled to the following payments or Vehicle Discount Certificates (in lieu of cash) for each valid claim for a Transmission Hardware Replacement:

     

    Number of Service Visits for

    Transmission Hardware Replacement

    Cash Payment

    Discount Certificate Value

    For the 3rd Visit

    $200

    $400

    For the 4th Visit

    $275

    $550

    For the 5th Visit

    $350

    $700

    For the 6th Visit

    $425

    $850

    For the 7th Visit

    $500

    $1000

    For the 8th Visit

    $575

    $1150

     

    Payments to Class Members are capped at a total of $2,325 for cash payments or $4,650 for the value of the Certificate(s).  This means that Class Members cannot receive any further cash payments or Certificates beyond the eighth visit for a Transmission Hardware Replacement.  

    Top

  13. Can I receive an additional payment if I had another visit for a Transmission Hardware Replacement after Final Approval of the Settlement?

    You may claim additional payments or Vehicle Discount Certificates even if you have already received a payment.  So long as your claim is valid and you have documented proof of an additional Transmission Hardware Replacement while you owned or leased the Class Vehicle and within 7-years/100,000 miles of delivery of the Class Vehicle to the first retail customer, whichever occurs first, you are entitled to receive additional cash payments or Certificates, up to the maximum amounts identified above.  

    Top

  14. What can I do with a Vehicle Discount Certificate?

    A Vehicle Discount Certificate is a discount coupon that you may apply toward the purchase of a new Ford vehicle from an authorized Ford Dealer.  The amount stated on the Certificate will be deducted from the vehicle’s purchase price.

    You can apply multiple Certificates toward your purchase, so long as the Certificates have not expired. The Certificate cannot be redeemed for cash or used at a non-Ford Dealer.  The Certificates may be used in conjunction with other discounts offered by Ford or a Ford Dealer.

    Top

  15. When do the Vehicle Discount Certificates expire?

    A Vehicle Discount Certificate expires within twelve (12) months of issuance.  If a new Certificate is later issued to you, the amount of the later Certificate will be increased by the amount of any expired and unused Certificates. 

    For example, say you submitted a valid claim and received a Certificate worth $400 that was issued on December 1, 2017, and that you let the certificate expire on December 1, 2018.  In January 2019, you had another visit for a Transmission Hardware Replacement, submitted another valid claim, and the Claims Administrator issues you another Certificate.  The new certificate will be worth $950 ($550 plus the value of the unused and expired certificate).

    Top

  16. How do I qualify for payments of Software Flashes?

    You may obtain cash payments for Software Flashes if you made three (3) or more Service Visits to authorized Ford Dealers where a Software Flash was performed while you owned or leased the Class Vehicle and within seven (7) years or 100,000 from the vehicle’s delivery to the first retail customer, whichever comes first.  A Software Flash may be a reflash, an update, a reset, a reboot, or a similar type of service performed on your vehicle’s software.  Your repair order should indicate whether a Software Flash was performed. 

    Top

  17. How much cash can I receive for Software Flashes?

    You may obtain a cash payment of $50 for the third Service Visit at which a Software Flash was performed by a Ford Dealer while you owned or leased the Class Vehicle and within seven (7) years or 100,000 from the vehicle’s delivery to the first retail customer, whichever comes first.  You may obtain an additional cash payment of $50 for each subsequent Service Visit at which a Software Flash was performed by a Ford Dealer while you owned or leased the Class Vehicle and within seven (7) years or 100,000 from the vehicle’s delivery to the first retail customer, whichever comes first, up to a total cumulative payment of $600.   

    Top

  18. Can I get cash payments for both Transmission Hardware Replacements and Software Flashes?

    If you receive a cash payment or Vehicle Discount Certificate for a Transmission Hardware Replacement, you are not eligible also to collect a cash payment for a Software Flash, and you will not be eligible for future payments for Software Flashes.  In addition, if you received a payment for three (3) or more Software Flashes and then (1) had an additional repair that qualifies for a Transmission Hardware Replacement payment, (2) you submit a claim for that payment, and (3) the claim is awarded, the Software Flash payment will be deducted from the Transmission Hardware Replacement award.  

    Top

  19. If I qualify for a Transmission Hardware Replacement, am I still eligible for payments for Software Flashes done on the same Service Visits?

    You cannot get payments for Software Flashes if they were performed in the same Service Visits that qualify you for a Transmission Hardware Replacement.  For example, you received a $50 payment for three Software Flashes and two of the Software Flashes were performed on the same Service Visit as a Transmission Hardware Replacement.  You then have another Service Visit with a third Transmission Hardware Replacement that qualifies you for a Transmission Hardware Replacement payment.  You can submit a claim for the third Transmission Hardware Replacement.  For that claim, however, you would receive a total of $150 ($200 for the Transmission Hardware Replacement minus $50 for the prior Software Flash payment).

    Top

  20. What if I can’t figure out what payments I qualify for?

    Review your receipts and repair orders carefully.  If you cannot determine which benefits, if any, you qualify for, contact Class Counsel at (855) 310-9583 or fordlawsuit@capstonelawyers.com.  

    Top

  21. How do I make a claim for Transmission Hardware Replacements or for Software Flashes?

    If you are eligible to receive a benefit for a Transmission Hardware Replacement or for a Software Flash, you can submit a claim online here or by mail by filling out the claim form available in Case Documents or by calling (844) 540-6011.

    Please follow the instructions on this website. You will need to provide additional documents to support your claim.  

    Top

  22. What supporting documents do I need to submit to make a claim for Transmission Hardware Replacements or for Software Flashes?

    To make a claim for a cash payment or Vehicle Discount Certificate, you will need to submit repair orders, receipts, other documentation from a Ford Dealership, or state vehicle inspection reports (or some combination thereof) sufficient to establish for each Transmission Hardware Replacement or Software Flash on which the claim is based all of the following information:

    1. The Vehicle Identification Number (“VIN”) of the vehicle on which the Transmission Hardware Replacement or Software Flash repairs were performed;
    2. The name and address of the Ford Dealer that performed the Transmission Hardware Replacement or Software Flash repairs;
    3. Whether the Transmission Hardware Replacement or Software Flash repairs were performed on the Class Vehicle within 7 years/100,000 miles of delivery of the Class Vehicle to the first retail customer, whichever occurs first; AND
    4. A description of the services rendered and parts provided.

     

    Thus, if you are submitting a claim for a payment for your Class Vehicle’s third Transmission Hardware Replacement, you must submit documentation that establishes the above information for all three service visits during which Transmission Hardware Replacements were performed.

    You must also provide documentation showing that you were the owner or lessee of the Class Vehicle at the time of each Transmission Hardware Replacement or Software Flash on which your claim is based.  You can prove ownership in one of three ways:

    1. All repair records submitted in support of your claim identify you as the person requesting the repairs; OR
    2. You submit a vehicle title, vehicle purchase agreement, or vehicle lease agreement that identifies you as the vehicle owner, purchaser, or lessee at the time of the first repair that forms the basis of the claim, AND a vehicle registration that identifies you as the vehicle owner as of the date of the latest repair that forms the basis of your claim (or as of a later date); OR
    3. For each repair that forms the basis for your claim, you submit either (a) a repair record that identifies you as the person who requested the repair, OR (b) a vehicle registration that identifies you as the vehicle owner as of the date of each repair.

     

    Your documents must be submitted with the signed claim form, on which you will attest under penalty of perjury that the documents are authentic and that you owned or leased the Class Vehicle at the time of all repairs on which your claim is based.

    If you already submitted documents to support a previous claim for a qualifying Transmission Hardware Replacement or Software Flash and you are seeking compensation for an additional Transmission Hardware Replacement or Software Flash, you will only need to provide documents sufficient to establish that the subsequent Transmission Hardware Replacement or Software Flash is eligible for reimbursement and that you owned or leased the Class Vehicle at the time of the subsequent Transmission Hardware Replacement or Software Flash.

    Top

  23. What is the deadline to make a claim for Transmission Hardware Replacements or for Software Flashes?

    If you already qualify for cash payment or a Vehicle Discount Certificate on the Approval Date, you have 180 days from that date to submit your claim. When available, the Approval Date will be posted on this website.  If your qualifying third Service Visit for a Transmission Hardware Replacement or Software Flash occurs after the Court finally approves the Settlement, or if you had additional Service Visits after the Approval Date even if you already submitted claims for benefits, you have 180 days from each Service Visit to submit a claim for Transmission Hardware Replacements or Software Flashes performed on that Service Visit.  

    Top

  24. When will I receive my cash payment or Vehicle Discount Certificate?

    Although you may submit your claim, the Claims Administrator will not be allowed to process your claim and issue a payment until the Effective Date, which will not occur until the Settlement again receives final approval from the district court, all further appeals have been resolved and the Settlement takes legal effect.  You should monitor this website for updates as to the Effective Date and other timing issues.

    Top

  25. What are my options if the Claims Administrator denies my claim for a Cash Payment or Vehicle Discount Certificate?

    If your claim is rejected, the Claims Administrator will tell you why.  If it was rejected because you failed to submit all the required documents, the Claims Administrator will give you one (1) opportunity to resubmit the claim within thirty (30) days.

    Top

  26. What if I want Ford to repurchase or replace my car? What are my options?

    Under the Settlement, you may file a claim in the Arbitration Program seeking to have Ford repurchase or replace your Class Vehicle.  Please carefully review the following to make sure you qualify for the Arbitration Program.

    Your eligibility to claim a repurchase may depend on the lemon law of your state.  Please consult an attorney to determine whether your state’s lemon law authorizes a repurchase for your Class Vehicle.  You may also qualify for a repurchase if you do not qualify under your state’s lemon laws under certain circumstances.  

    Top

  27. What is the Arbitration Program?

    The Arbitration Program is a dispute resolution program created by the Settlement for Class Members to resolve their vehicle repurchase claims and/or claims for breach of Ford’s New Vehicle Limited Warranty (“Warranty”).  You may file a claim in the Arbitration Program after fulfilling the notice requirements described below.  An arbitrator, a qualified and disinterested third-party, will decide the merits of your claims.  Ford will pay the costs of the Arbitration Program, which, at the outset, is administered by CAP-Motors of DeMars & Associates.

    Please read the Arbitration Rules carefully for more detail on the Arbitration. The Arbitration Rules are available here and on the Arbitration Administrator’s website, www.consumerarbitrationprogram.com.

    Top

  28. What are the benefits of filing a claim in the Arbitration Program?

    The Arbitration Program benefits Class Members in numerous ways.  The Settlement makes it easier in some respects for you to establish your claim that Ford should repurchase your vehicle.  The Settlement extends the time within which your claim must be filed as compared to litigation.  Under the Arbitration Program, a repurchase claim may be submitted up to 6 years after delivery of the Class Vehicle to the first retail customer or 6 months after the Approval Date of the Settlement, whichever is later, if you still own or lease the Class Vehicle.  Arbitration provides a speedy, efficient, and inexpensive way to resolve your repurchase claims, and Ford will pay all costs associated with the Arbitration, including your filing fees. Claims should typically be resolved within 30-60 days.  In contrast, litigation seeking repurchase could take years.  If you prevail on a repurchase claim, Ford will pay for attorneys’ fees up to $6,000.  Finally, the Arbitration Program provides Class Members, but not Ford, with the right to appeal the initial arbitration decision to a second appellate arbitration panel.

    Top

  29. What must I do before submitting a claim to the Arbitration Program?

    To participate in the Arbitration Program, you must provide formal notice to Ford of your intent to arbitrate and of the nature of the claim(s) you intend to pursue in arbitration, at least ten (10) days before you submit a claim for arbitration. You may give direct notice to Ford by calling (888) 260-4563 or by filling out the applicable form here.  After you have given direct notice to Ford, you may submit a claim for arbitration by going to www.consumerarbitrationprogram.com. In an effort to provide Class Members with an option to have their claims resolved in advance of the resolution of the appeal that has been filed, Ford and Class Counsel have reached an agreement to offer a Voluntary Arbitration process under the current Settlement guidelines. As the consumer, you have the option to pursue the Voluntary Arbitration or wait until the new Effective Date to move forward with arbitration.

    Top

  30. What happens after Ford receives Notice of my claim?

    Upon receipt of your Notice, Ford may contact you or your attorney in an effort to resolve your claims before you submit your claim to Arbitration.  If you have tried to get your vehicle fixed on no more than three (3) Service Visits, you must give Ford a fourth opportunity to fix your vehicle.  If you have had four (4) or more transmission repair attempts, or if you sold or returned the Class Vehicle prior to filing the request for Arbitration, you are under no obligation to try to resolve the claim with Ford yourself and can wait until your scheduled Arbitration.

    Top

  31. How do I know if I qualify to file a claim in Arbitration for repurchase or replacement?

    If you are a current owner or lessee of a Class Vehicle and seek to have Ford repurchase or replace your Class vehicle based in whole or in part on alleged defects in the PowerShift Transmission under the Arbitration Program, you must file your claim within six (6) years after the original sale or lease of the vehicle to the first retail customer.  Please review the procedure set forth in Questions 29 and 30 regarding how to submit a claim.

    If you sold your Class Vehicle or returned your leased Class Vehicle before the Approval Date, you may be entitled to arbitration for a vehicle repurchase if (1) the lemon law of the state where you took delivery of the vehicle allows a claim for repurchase after you’ve sold or returned your vehicle; and (2) you file your claim for Arbitration either before the applicable statute of limitations expires or 180 days after the Approval Date, whichever is earlier.

    Similarly, if you sell your Class Vehicle or return a leased Class Vehicle on or after the Approval Date but before filing a claim for Arbitration,  you may be entitled to arbitration of claims for a vehicle repurchase if (1) the lemon law of the state where you took delivery of the vehicle allows for repurchase after you’ve sold or returned the vehicle; and (2) you file your claim for Arbitration before the applicable state statute of limitations expires or 180 days after the date on which the Class Member sold or returned the Class Vehicle, whichever is earlier.

    Please consult an attorney to confirm your rights under your state’s lemon law.

    Top

  32. What does the Arbitrator need from me to award a repurchase or replacement?

    You must submit proof of ownership of your vehicle at all relevant times.  In addition, you must submit repair orders or other documentation sufficient, at the discretion of the Arbitrator, to support your claims.  If the Arbitrator decides that your documentation supports a repurchase or replacement under your state’s lemon law, he or she may issue an award directing Ford to repurchase or replace your Class Vehicle.  Please consult an attorney to determine what you would need to prove under your state’s lemon law.  If you have already sold or returned your Class Vehicle, you may be eligible to obtain a repurchase if your state’s lemon law provides for such a repurchase.  Please consult an attorney to determine your eligibility for a repurchase remedy for a sold or returned vehicle under this Settlement.

    The Arbitrator may also award a repurchase under the Arbitration Program if, while you owned or leased your vehicle, it was repaired on four (4) Service Visits, on each visit an authorized Ford Dealer performed a Transmission Hardware Replacement within 5 years/60,000 miles of the initial sale or lease of your vehicle to the first retail customer, and the Transmission still malfunctions.  The four (4) Transmission Hardware Replacements do not need to be for the same part.  To obtain a repurchase or replacement under the Arbitration Program, you must provide proof, in the form of receipts and/or repair orders, of the repairs performed on your Class Vehicle, along with proof that you were the owner or lessee of the Class Vehicle at the time of each repair.

    Top

  33. How much would I get if the Arbitrator awards a repurchase?

    If the Arbitrator awards a repurchase, the repurchase amount will be based on your state’s lemon law.  No punitive damages or civil penalties may be awarded.  If you received a cash payment for a Transmission Hardware Replacement or Software Flash from the Claims Administrator, that cash amount will be deducted from the repurchase amount.

    If the Arbitrator determines that you are not eligible for a repurchase based on your state’s lemon law but that you are eligible for a repurchase under the Arbitration Rules, the following conditions apply:

    • You must still own or lease the Class Vehicle;
    • If you received a cash payment for a Transmission Hardware Replacement or Software Flash from the Claims Administrator, that amount will be deducted from the repurchase award;
    • If you received a Vehicle Discount Certificate, the face value of any used Certificate will be deducted from the repurchase award and any unused Certificate will be cancelled;
    • Ford will refund the actual amount of all payments you made for your vehicle (not including any modifications or additions after the vehicle’s purchase or lease), including finance charges, less a reasonable allowance for use.  Ford will also provide the pay-off amount to the lienholder or lessor in accordance with the financing or lease agreement.
    • If the vehicle being repurchased is covered by a Ford Extended Service Plan that you purchased, that plan will be cancelled and its pro-rated cost refunded.  If the vehicle is covered by a non-Ford service contract, you will be responsible for obtaining any refund that may be available from the issuer of that non-Ford plan.
    • Ford will also refund sales tax, original license fees, original registration fees, and original title fees.
    • You will be charged for your use of the vehicle in accordance with the following formula:  (The mileage on your vehicle’s odometer at the time of the third Transmission Hardware Replacement ÷ 120,000) × Purchase Price.
    • No punitive damages or civil penalties may be awarded.

    Top

  34. Can I still submit a claim for a repurchase if I leased my car? How much would I get?

    If you leased the vehicle and an arbitrator determines that you are eligible for repurchase, Ford will refund the payments you made to the lending institution or lessor plus net trade-in and cash down payment (not including rebates, if any), less a reasonable allowance for use.  Ford will also provide the pay-off amount to the lienholder or lessor in accordance with the financing or lease agreement.  As with purchased vehicles, Ford will also refund sales tax, original license fees, original registration fees, and original title fees for your leased vehicle.

    Top

  35. What if I choose a replacement vehicle?

    The terms under which a replacement vehicle is provided will be based on your state’s lemon law.

    Top

  36. Will I get attorneys’ fees if I win on the repurchase or replacement?

    If you choose to use an attorney, the Arbitrator may award reasonable attorneys’ fees to you if you succeed on your repurchase or replacement claim, but such fees may not exceed $6,000.

    Top

  37. What do I do if I lose the Arbitration?

    If you lose your Arbitration, you have the opportunity to appeal that decision with the Appellate Arbitration Administrator, which is run by a different administrator (JAMS rather than CAP-Motors).  However, if you decide to appeal, you must pay the costs of the Arbitration Appeal to proceed.  If you win on appeal, Ford will refund you the costs of the Arbitration Appeal.  However, if Ford wins the appeal, you will not be reimbursed for those costs.  Ford does not have a right to appeal, and neither you nor Ford may ask another arbitrator, tribunal, or court to review the decision from the Arbitration Appeal.   

    Top

  38. What if I received another Transmission Hardware Replacement after losing my Arbitration? Am I permitted to pursue a second arbitration?

    If you had another Transmission Hardware Replacement by a Ford Dealer after losing your Arbitration, you may file a Second Arbitration, subject to the same rules as the initial Arbitration.

    Top

  39. What if an arbitrator for the Better Business Bureau or another administrator already denied my claim for repurchase before the preliminary approval of this Settlement?

    If an arbitrator with the Better Business Bureau Auto Line denied a previous claim filed by you for a repurchase before the Effective Date, you are still entitled to file a claim in this Arbitration Program, subject to the Arbitration Rules.  

    Top

  40. How do I qualify for the New Vehicle Limited Warranty Arbitration?

    To qualify for Arbitration for a breach of Ford’s New Vehicle Limited Warranty, you must be a Class Member and follow the procedures for initiating the Arbitration set forth in Questions 29 and 30.

    You may proceed with a New Vehicle Limited Warranty Arbitration if you claim that Ford failed to repair a PowerShift Transmission failure or malfunction as required by Ford’s New Vehicle Limited Warranty (“Warranty”), or any extensions of that Warranty, or if a Ford Dealer charged you for a transmission repair of your Class Vehicle that you claim should have been paid for by Ford under that Warranty.  

    Top

  41. What can I get from a New Vehicle Limited Warranty Arbitration?

    The Arbitrator may award repairs under warranty or reimbursement.  If you are having PowerShift Transmission problems that should have been, but were not, repaired under Ford’s New Vehicle Limited Warranty, or any extension of that warranty, the Arbitrator may require Ford to make such repairs.

    If you have paid for a PowerShift Transmission repair that should have been paid for by Ford under the Warranty, or any extension of that warranty, the Arbitrator may order Ford to reimburse you for the amount you paid that should have been paid by Ford.  The Arbitrator may award reimbursement for money you paid for the repair of defects covered by the Ford New Vehicle Limited Warranty, or any extension of that warranty, only if Ford or its dealer declined to repair the defects under warranty or to reimburse you under the warranty’s emergency repair provisions.

    Top

  42. What is the Arbitrator banned from awarding under the New Vehicle Limited Warranty Arbitration?

    The Arbitrator may not award reimbursement or repairs in New Vehicle Limited Warranty Arbitration for the following:

    • maintenance and wear items not covered by Ford’s New Vehicle Limited Warranty;
    • damage caused by alterations to or modifications of the vehicle after it leaves the control of Ford;
    • damage caused by tampering with the vehicle, its emissions systems, or other parts that affect these systems; and
    • damage caused by the installation or use of a non-Ford part or of any part designed for “off-road” use installed after the vehicle leaves the control of Ford.

     

    The Arbitrator also may not award attorney fees, civil penalties, or punitive damages in New Vehicle Limited Warranty Arbitration.

    Top

  43. What are the differences between the Repurchase/Replacement Arbitration and the New Vehicle Limited Warranty Arbitration?

    While Ford will cover the cost of Arbitration for both types of arbitration, in the New Vehicle Limited Warranty Arbitration, there is no extension of the statute of limitations on the breach of express warranty claim, no award of attorneys’ fees to a prevailing Class Member, and no right to appeal for Class Members.  

    Top

  44. How do I qualify for reimbursement of what I paid for a replacement clutch?

    If (1) your vehicle was manufactured after June 5, 2013, (2) you had 2 clutch replacements performed by a Ford Dealer while you owned or leased the Class Vehicle and within 5 years or 60,000 miles of delivery of the Class Vehicle to the first retail customer (whichever occurs first), (3) a Ford Dealer performs appropriate diagnostic procedures and determines you need an additional clutch replacement, and (4) you pay for the additional clutch replacement, then you are entitled to reimbursement for out-of-pocket costs for the additional clutch replacement if it is performed while you owned or leased the Class Vehicle and within 7 years or 100,000 miles of delivery of the Class Vehicle to the first retail customer, whichever comes first.

    Top

  45. How do I submit my claim for reimbursement of what I paid for a replacement clutch, and what documents do I need to support my claim?

    If you qualify to be reimbursed for what you paid for a replacement clutch, you must submit your claim to the Claims Administrator through the Settlement website by clicking here or by submitting forms available on the Case Documents page.  You can also obtain copies of forms by calling (844) 540-6011.  You must support your claim with repair orders, receipts, other documentation from a Ford Dealer, or state vehicle inspection reports (or some combination thereof) sufficient to establish for at least two (2) replacements of the clutch (part number 7B546 Disc Asy-Clutch), all of the following information:  

    1. The Vehicle Identification Number (“VIN”) of the vehicle on which the clutch replacement was performed;
    2. The name and address of the Ford Dealer(s) that replaced the clutch on each occasion;
    3. Whether the clutch replacement was performed on the Class Vehicle within 5 years/60,000 miles of delivery of the Class Vehicle to the first retail customer, whichever occurs first; and
    4. A description of the services rendered and parts provided in connection with each clutch replacement.

     

    You must also support your claim with repair orders, receipts, other documentation from a Ford Dealer, or state vehicle inspection reports (or some combination thereof) sufficient to establish for an additional replacement of the clutch (part number 7B546 Disc Asy-Clutch), all of the following information: 

    1. The Vehicle Identification Number (“VIN”) of the vehicle on which the clutch replacement was performed;
    2. The name and address of the Ford Dealer that replaced the clutch;
    3. Whether the clutch replacement was performed on the Class Vehicle within 7 years/100,000 miles of delivery of the Class Vehicle to the first retail customer, whichever occurs first;
    4. A description of the services rendered and parts provided in connection with the clutch replacement;
    5. Information sufficient to establish that the appropriate diagnostic procedures specified in Ford’s Service Manual or in applicable Technical Service Bulletins were performed and that based on the results the Ford Dealer determined that a clutch replacement was necessary; and
    6. The documented and unreimbursed amounts paid by the Class Member to a Ford Dealer for the parts and labor for the clutch replacement.  Class Members shall not be reimbursed for consequential damages such as lost revenue/profits, lost employee time from loss of use of the Class Vehicle, or towing charges or other costs of transporting the vehicle to or from the place of repair.

     

    You must also submit documentation demonstrating your Proof of Ownership of the Class Vehicle at the time of each clutch replacement on which the claim is based.  You can prove ownership using the methods described in Question 22.  Finally, you must submit a claim form that includes a declaration signed under penalty of perjury that attests to and affirms the authenticity of the documentation provided to support the claim and states that you actually owned or leased the Class Vehicle at the time of each clutch replacement on which the claim is based.

    If you qualify for reimbursement for a clutch replacement on the Approval Date, you must submit your claim within 180 days of the Approval Date.  If you qualify for reimbursement at a later date, you must submit your claim within 180 days of the clutch replacement for which you are seeking reimbursement.  

    Top

  46. When will the Settlement finally get approved?

    On September 13, 2019, the Ninth Circuit Court of Appeals vacated and remanded the final approval of the Settlement, sending it back to the district court to provide further details in its order evaluating the Settlement. This means the Settlement’s Final Approval has been set aside. Current and former owners or lessees of Class Vehicles are still able to submit claims for benefits under the Settlement, but please be aware that claims will not be processed or paid until there is a new Effective Date, which will not occur until the Settlement again receives final approval from the district court and all further appeals have been exhausted.  We do not have a timeframe for how long this may take. Please check this website frequently for updates.

    Top

  47. What if I don’t want to participate in the Settlement?

    Class Members who did not want to receive benefits from the Settlement and wanted to retain rights to sue Ford about problems with a Class Vehicle's PowerShift Transmission were required to actively request exclusion from the Settlement. The deadline to do this was September 5, 2017 and has passed. It is now too late to request exclusion from the Settlement.

    Top

  48. What if I have a pending lawsuit but want to opt-in?

    Class Members who wished to receive benefits from the Settlement but already had a pending lawsuit against Ford based on alleged problems with their PowerShift Transmission were required to opt-in to participate in the Settlement Class. By opting in, Class Members lost the right to continue with any individual lawsuit(s) based on these alleged problems.

    The deadline to do this was September 5, 2017 and has passed. It is now too late for the Class Members who already have a pending lawsuit against Ford based on these alleged problems to opt-in to the Settlement.

    Top

  49. If I am part of the Settlement, can I sue Ford for the same claims later?

    If you elect to participate in the Settlement, you cannot sue Ford for any claims based in whole or in part on any alleged problems with the PowerShift Transmission (except that you may still pursue claims for personal injury or property damage).  

    Top

  50. If I am not part of the Settlement, can I still get benefits from the Settlement?

    If you elect to exclude yourself, you will not be entitled to any benefits from the Settlement.

    Top

  51. If I opt out and pursue my own case, can I get a larger recovery?

    The laws of most states provide for various remedies, including actual damages, punitive damages, and rescission, if a claim is proved at trial and upheld on appeal.  No result can be predicted with certainty, and all alternative legal actions take additional time and may be subject to offsets or deductions for attorneys’ fees and costs.  This Settlement is designed to provide benefits that are certain, not subject to the delay and risk of trial and appeal, and not reduced by fees or costs.

    Top

  52. Do I have a lawyer in this case?

    The Court has appointed the following lawyers as Class Counsel. They are:

    Lead Class Counsel

    Class Counsel

    Class Counsel

    Jordan L. Lurie

    Tarek H. Zohdy

    Cody R. Padgett

    Karen L. Wallace

    Capstone Law APC

    1875 Century Park East, Suite 1000

    Los Angeles, CA 90067

    Tel: (855) 310-9583

    Website: FordPowershiftLawsuit.com

    Russell D. Paul

    Berger & Montague, P.C.

    1622 Locust Street

    Philadelphia, PA 19103

    Thomas A. Zimmerman, Jr.

    Zimmerman Law Offices, P.C.

    77 W. Washington Street

    Suite 1220

    Chicago, Illinois 60602

     

    You may hire your own lawyer to represent you. The Arbitrator may award you up to $6,000 in attorney fees if you win your arbitration hearing against Ford.

    Top

  53. Who will pay the lawyers?

    Ford will pay their attorneys’ fees and costs of up to $8,856,500, in addition to the benefits it is providing to Class Members in the Settlement.  On August 21, 2017, before the deadline to object or opt out, Class Counsel will make a written request for the Court’s approval for an award for attorneys’ fees and costs as well as service awards for the Class Representatives.  Class Members will have an opportunity to comment on or object to this request.  The Court must approve the award of attorneys’ fees and costs and service awards to be paid by Ford.

    Any attorneys’ fees and costs, and service awards approved by the Court will be paid separately by Ford and will not reduce benefits to Class Members.

    Class Counsel plan to request the following service awards: $10,000 for Omar Vargas; $7,500 each for Michelle Harris, Sharon Heberling, and Robert Bertone; $5,000 each for Kevin Klipfel, Andrea Klipfel, Maureen Cusick, Eric Dufour, Abigail Fisher, Christi Groshong, Virginia Otte, Tonya Patze, Lindsay Schmidt, Patricia Schwennker, Patricia Soltesiz, Joshua Bruno, and Jason and Jamie Porterfield; and $1,000 ($46,000 total) to each Named Plaintiff in the Anderson action. 

    Top

  54. Can I tell the Court if I do not like the Settlement?

    Class Members who did not request exclusion from the Settlement were provided with the opportunity to comment on or object to the Settlement. The deadline to do this was September 5, 2017 and has passed. It is now too late for Class Members to comment on or object to the Settlement.

    Top

  55. What is the difference between objecting to the Settlement and opting out?

    You can object only if you participate in the Class.  If you opt out and therefore elect not to be part of the Settlement Class, you have no right to object to the Settlement because the case no longer affects you. 

    Top

  56. How do I get more information?

    The Long Form Class Notice summarizes the proposed Settlement.  More details, including the actual Settlement Agreement, are available here.  You may also contact Class Counsel at (855)310-9583 or fordlawsuit@capstonelawyers.com for more information.

    Top