Frequently Asked Questions
- What is this lawsuit about?
- Why is there a Settlement?
- How was this Settlement reached?
- What vehicles are included in the Settlement?
- Why is this a class action?
- What am I giving up in exchange for receiving the Settlement's benefits?
- What is the current status of the Settlement?
- How do I know if I am part of the Settlement?
- What if I am a plaintiff in a pending suit against Ford alleging problems with the PowerShift Transmission in the Class Vehicle?
- Am I still eligible for benefits if I purchased my Class Vehicle from a private owner?
- How do I qualify for Cash Payments or a Vehicle Discount Certificate for Transmission Hardware Replacements?
- How much would I be entitled to receive for three or more Service Visits for Transmission Hardware Replacements under the Settlement?
- Can I receive an additional payment if I had another visit for a Transmission Hardware Replacement after Final Approval of the Settlement?
- What can I do with a Vehicle Discount Certificate?
- How long do I have to use the Vehicle Discount Certificate?
- How do I qualify for payments for Software Flashes?
- How much cash can I receive for Software Flashes?
- Can I get cash payments for both Transmission Hardware Replacements and Software Flashes?
- If I qualify for a Transmission Hardware Replacement, am I still eligible for payments for Software Flashes done on the same Service Visits?
- What if I experienced Transmission problems but was denied a repair by a Ford dealer?
- What if I can't figure out what payments I qualify for?
- How do I make a claim for Transmission Hardware Replacement or for Software Flashes?
- What supporting documents do I need to submit to make a claim for Transmission Hardware Replacements or for Software Flashes?
- What if I do not have the documents needed to support my claim for settlement benefits?
- What is the deadline to make a claim for Transmission Hardware Replacements or for Software Flashes?
- What is the deadline to make a claim for the One-Time Payments?
- When will I receive my cash payment or Vehicle Discount Certificate?
- What are my options if the Claims Administrator denies my claim for a Cash Payment or Vehicle Discount Certificate?
- What do I need to do to receive the $20 one-time payment?
- What if I want Ford to repurchase or replace my car? What are my options?
- What is the Arbitration Program?
- What are the benefits to me for seeking a repurchase through the Arbitration Program?
- Can I still submit a claim for a repurchase if I no longer possess my vehicle?
- What must I do before submitting a repurchase claim to the Arbitration Program?
- How long do I have to submit my repurchase claim before it expires?
- What happens after Ford receives Notice of my claim?
- What happens if, for whatever reason, Ford and I do not agree to resolve my claim in the 10-day period after I submitted my Notice?
- Who is the Arbitrator?
- How do I know if I qualify to file a claim in Arbitration for repurchase or replacement?
- What does the Arbitrator need from me to award a repurchase or replacement?
- How much would I get if the Arbitrator awards a repurchase?
- Can I still submit a claim for a repurchase if I leased my car? How much would I get?
- What if I choose a replacement vehicle?
- Will I get attorneys’ fees if I win on the repurchase or replacement?
- Can I obtain civil penalties along with a repurchase?
- What happens after my request for arbitration is accepted?
- What happens at the arbitration hearing?
- When can I expect to hear the results of the arbitration?
- What can I do if I lose the Arbitration?
- What if I received another Transmission Hardware Replacement after losing my Arbitration? Am I permitted to pursue a second arbitration?
- What if an arbitrator in the Voluntary Arbitration Program already denied my claim for repurchase ?
- 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?
- How do I qualify for the New Vehicle Limited Warranty Arbitration?
- What can I get from a New Vehicle Limited Warranty Arbitration?
- What is the Arbitrator barred from awarding under the New Vehicle Limited Warranty Arbitration?
- What are the differences between the Repurchase/Replacement Arbitration and the New Vehicle Limited Warranty Arbitration?
- How do I qualify for reimbursement of what I paid for a replacement clutch?
- 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 I am part of the Settlement, can I sue Ford for the same claims later?
- If I am not part of the Settlement, can I still get the benefits from the Settlement?
- Do I have a lawyer in this case?
- How were the lawyers paid?
- How do I get more information?
- 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.
This settlement does not involve claims of personal injury or property damage to any property other than the Class Vehicles.
Top - 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 fair and reasonable to Class Members. As part of preliminarily approving the Settlement, the Court also authorized copies of the Class Notice to be posted on a website that 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 these FAQs or the Notice and the Settlement Agreement, as amended, which is also accessible on the Settlement Website, the Settlement Agreement governs. Terms that are defined in the Settlement Agreement have the same meaning in the Notice and in these FAQs.
Top - How was this Settlement reached?
Plaintiffs and Ford reached this Settlement after multiple private mediation sessions conducted by experienced and highly-respected mediator Eric D. Green. During these mediations, 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 mediation, 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 district court for approval. The district court initially approved the Settlement in 2017. Several class members, who had objected to the settlement, appealed to the circuit court. The circuit court ultimately set aside the settlement because the district court’s initial order approving the settlement was not sufficiently detailed, and it sent the matter back to the district court to make further findings.
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.
Top - 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 and these FAQs.
Top - 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.
Top - What am I giving up in exchange for receiving the Settlement's benefits?
If you did not opt out of the Settlement, you are eligible to file a claim for the benefits described in the Notice and these FAQs. In exchange for having those benefits available to you, you have given 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 - What is the current status of the Settlement?
On March 5, 2020, the Court finally approved the amended settlement and entered judgment. The Effective Date of the settlement is April 7, 2020. Claims review and processing will now begin. Payments will be sent as soon as is practical, but due to the volume of claims and delays caused by COVID-19, the first payments may take several months. Please be patient during this time and know that your claims are now being addressed.
Top - 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 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.
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 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.
Top - What if I am a plaintiff in a pending suit against Ford alleging problems with the PowerShift Transmission in the Class Vehicle?
If you are a plaintiff in an individual lawsuit against Ford that was filed and served as of July 14, 2017, and that lawsuit is based on alleged problems with your PowerShift Transmission, you are automatically excluded from the Class.
Top - 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 - How do I qualify for Cash Payments or a Vehicle Discount Certificate for Transmission Hardware Replacements?
The settlement provides cash payments to Class Members who have made three or more Service Visits for authorized repairs. Specifically, 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 miles 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. This means that you do not need to have paid out-of-pocket for the services or repairs. The benefit is not available, however, for repairs performed as part of any safety or non-safety Recall Program.
Top - 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. Each payment below is separate, meaning that if you had five Service Visits, you receive $825 ($200 for the 3rd Visit + $275 for the 4th Visit + $350 for the 5th Visit):
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 - 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 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 - 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 - How long do I have to use the Vehicle Discount Certificate?
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 July 1, 2020, and that you let the certificate expire on July 1, 2021. On August 1, 2021, 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 - How do I qualify for payments for 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 transmission. Your repair order should indicate whether a Software Flash was performed, identified by one of the following labor codes:
Top110333A
110405A
110513A
110524A
110902A
120104A
130405A
130405B
130405C
130406A
130904A
130904B
130904C
131102A
131104A
131108A
131109A
131110A
140131A
140131B
140131C
140131D
140131E
150017A
150090H
150090L
150090M
150090N
150090P
150090Q
150120H
150120L
150120M
150120N
150120P
150120Q
160044A
160109A
160109B
160109C
160109D
160129A
MT131102
R08101
R08102
R11021
14M01A
14M01AA
14M01BB
14M01C
14M01CC
14M01D
14M01DD
14M01E
14M01EE
14M01GG
14M01H
14M01L
14M01M
14M01N
14M01P
14M01Q
14M02B
14M02C
14M02D
- How much cash can I receive for Software Flashes?
You may obtain a cash payment of $50 for each Service Visit, starting with the third, at which a Software Flash was performed by a Ford Dealer while you owned or leased the vehicle and within seven (7) years or 100,000 from the vehicle’s delivery to the first retail customer, whichever comes first. For this benefit, your payments are capped at a cumulative $600.
Top - 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 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. See Question 19.
Top - 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 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 - What if I experienced Transmission problems but was denied a repair by a Ford dealer?
You will not be able to qualify for the payments for Service Visits. But if your Ford dealer refused your request for a repair on the Transmission, you may receive a one-time $20 payment if you attest, under oath, that you were denied a repair because a Ford Dealer claimed there was nothing wrong with the vehicle and did not subsequently make hardware or software repairs. To submit a claim for the $20 payment, fill out this form.
Top - 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.
Top - How do I make a claim for Transmission Hardware Replacement 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 online here.
Please follow the instructions on the website. You will need to provide additional documents to support your claim. (See the next question.)
Top - 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 of those documents) that can establish for each Transmission Hardware Replacement or Software Flash on which the claim is based all of the following information:
- The Vehicle Identification Number (“VIN”) of the vehicle on which the Transmission Hardware Replacement or Software Flash repairs were performed;
- The name and address of the Ford Dealer that performed the Transmission Hardware Replacement or Software Flash repairs;
- 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
- 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:
- All repair records submitted in support of your claim identify you as the person requesting the repairs; OR
- 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
- 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 - What if I do not have the documents needed to support my claim for settlement benefits?
You should contact the Ford dealer that performed the service on your vehicle and politely request a copy of your repair records. Many states have record retention laws, and so your Ford dealer may be obligated to maintain your records for a certain number of years.
Top - What is the deadline to make a claim for Transmission Hardware Replacements or for Software Flashes?
There are two deadlines. If you have had three or more Service Visits for hardware repairs or Software Flashes by April 7, 2020—meaning that you already qualified for cash benefits by April 7, 2020—you will have until October 5, 2020 to submit your claim for cash payments.
If you had not qualified for cash benefits as of April 7, 2020 (meaning you have not yet had three Service Visits for hardware repairs or software flashes), but you subsequently qualified for cash benefits (meaning you had a third Service Visit for hardware repairs or software flashes after April 7, 2020), you have until 180 days after that Service Visit to submit your claim. For example, if your third Service Visit was made on January 1, 2021, you have until June 30, 2021 to submit your documentation for all of your Service Visits in order to receive your cash benefit.
Remember, qualifying Service Visits are only those that were completed within 7 years of delivery of your vehicle to the first retail customer) or 100,000 miles, whichever comes first.
Top - What is the deadline to make a claim for the One-Time Payments?
The deadlines are the same as for the other cash benefits.
For a refused repair that occurred before April 7, 2020, you will have until October 5, 2020 to submit a claim for the $20 one-time payment.
For a refused repair that occurred after April 7, 2020, you have 180 days from that refused repair to submit a claim for the $20 one-time payment.
Top - When will I receive my cash payment or Vehicle Discount Certificate?
The court-appointed Claims Administrator will begin reviewing and processing claims after April 7, 2020. Payments will be sent as soon as is practical, but due to the volume of claims and delays caused by COVID-19, the first payments may take several months. Please be patient during this time and know that your claims are now being addressed.
Top - 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 opportunity to resubmit the claim within 30 days.
Top - What do I need to do to receive the $20 one-time payment?
This payment is for those who, after complaining of a Transmission problem, were denied a repair by a Ford dealer. No documentation is needed. To submit a claim for the $20 payment, fill out this form. On the form, you will be asked to attest that after you complained about a Transmission problem, a Ford dealer refused to make hardware or software repairs to your vehicle because the Dealer claimed there was nothing wrong with your vehicle, and the Dealer did not subsequently make hardware or software repairs.
Top - 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. (See Question 40.)
Top - 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 (buyback) 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 is administered by CAP-Motors of DeMars & Associates, an organization vetted by Class Counsel and Ford and approved by the Court.
Please read the Arbitration Rules carefully for more detail on the Arbitration. The Arbitration Rules are available on the CAP-Motors website for the Arbitration Program, https://consumerarbitrationprogram.com/rules/.
Top - What are the benefits to me for seeking a repurchase through the Arbitration Program?
If you seek to have Ford repurchase your vehicle, you must do so by initiating the process to submit a claim to the Arbitration Program.
The Arbitration Program benefits Class Members in numerous ways. 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.
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 repurchase claim may be filed. 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 April 7, 2020, whichever is later. Your claim in court would likely have a much shorter limitations period. For more details on the deadline by which to submit your claims, see Question 35.
If you do not qualify for a repurchase under your state’s lemon law, you may still be able to secure a repurchase through the Settlement-created rule, which authorizes a repurchase if you had four separate Transmission Hardware Replacements while you owned or leased the vehicle and within 5 years/60,000 miles (whichever occurs first). Both former and current owners/lessees may obtain a repurchase if they qualify under this provision.
If you prevail on a repurchase claim, Ford will pay for attorneys’ fees up to $6,000. You will not have to pay Ford’s attorneys’ fees if you lose. Many states do not provide for an award of attorneys’ fees only to the prevailing consumer. 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, except under certain conditions if civil penalties are awarded.
Top - Can I still submit a claim for a repurchase if I no longer possess my vehicle?
Yes. You may pursue a repurchase through the Arbitration Program even if you no longer possess your vehicle. If you sold your vehicle, returned your vehicle following the end of the lease, or do not have possession for another reason, you may still be awarded a repurchase. You are considered a “former owner or lessee” under the Settlement.
If you are a former owner or lessee, you can obtain a repurchase if you qualify under the Settlement provision that allows a buyback if you had four (4) transmission hardware replacements while you owned/leased the vehicle and within 5 years (of delivery to the first retail customer) or 60,000 miles, whichever comes first, and the vehicle’s transmission continued to malfunction at the time the vehicle was disposed of.
You may not, however, obtain a repurchase under your state’s lemon law unless your state law authorizes repurchases for former owners/lessees.
Top - What must I do before submitting a repurchase 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 days before you submit a claim for arbitration. You may give direct notice to Ford by calling 1-888-260-4563 or by filling out the applicable form here.
Top - How long do I have to submit my repurchase claim before it expires?
You have six years from delivery to the first retail customer, or November 4, 2020, whichever is later, to submit a request to arbitrate. Because you will need to first submit a notice of intent to arbitrate and give Ford ten days to respond, you will also need to submit a notice of intent to arbitrate at least 10 days before your claim expires.
You should look through your records to see when your vehicle was delivered to the first owner. As a practical matter, if you have an older model-year vehicle, 2011-2015, you should treat November 4, 2020 as your deadline to file a request to arbitrate. This means that you should submit a notice of intent to arbitrate by October 25, 2020.
Those who have newer vehicles will have six years from delivery to the first retail owner to submit a claim. If you believe that you are entitled to a repurchase, please make sure you submit your request to arbitrate before your claim expires.
Top - 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. Ford has ten days to do so. If you and Ford cannot reach an agreement, either because Ford did not offer to resolve your claim or because you did not accept their offer, you may file a request to arbitrate.
Top - What happens if, for whatever reason, Ford and I do not agree to resolve my claim in the 10-day period after I submitted my Notice?
You may proceed to arbitration by filing a request to arbitrate. The form is here: https://consumerarbitrationprogram.com/submitclaim/.
Top - Who is the Arbitrator?
The Arbitrator is an experienced third-party evaluator who has been assigned by CAP-Motors to decide your repurchase claim. CAP-Motors is the court-approved organization tasked to administer the Arbitration Program. CAP-Motors has been vetted by both Class Counsel and Ford, and under the Settlement, Ford is obligated to pay all arbitration fees incurred by CAP-Motors whether it wins or loses.
Before the arbitrator is appointed, he or she shall disclose to CAP-Motors any circumstance likely to affect his or her impartiality. This may include any bias or any financial or personal interest in the result of the arbitration. This may also include any past or present relationship with the parties or their representatives.
CAP-Motors has an obligation to disclose any material information that may affect an arbitrator’s impartiality to you and Ford. You can object to the assignment of the Arbitrator in writing and the reason for the objection, within seven (7) days from the date of the letter assigning the Arbitrator. CAP-Motors shall determine whether the Arbitrator should be disqualified and shall inform the parties of its decision, which is binding.
Top - 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 34 through 37 regarding how to submit a claim.
You qualify for a repurchase if: (1) you are entitled to a repurchase under your state’s lemon laws; or (2) you have had four separate Transmission Hardware Replacements while you owned or leased the vehicle and within 5 years/60,000 miles (whichever comes first) and your vehicle’s transmission continues to malfunction.
Please consult an attorney to confirm your rights under your state’s lemon law.
Top - 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) occasions, on each occasion 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. You must also provide copies of certain documents including your vehicle’s bill of sale or lease contract, a copy of the vehicle’s title or title application, a loan payoff statement and loan payment history, and a copy of your vehicle registration, if the vehicle is registered in California. Please see the Rules of Arbitration for details.
Top - 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 may be awarded. If you received a cash payment or have an unused and unexpired Vehicle Discount Certificate awarded for a Transmission Hardware Replacement or Software Flash from the Claims Administrator, or if you accepted a payment from Ford prior to arbitration, 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:
- If you accepted money from Ford in an attempt to settle your claim or 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 may be awarded. Civil penalties may be awarded only if certain conditions are met. (See Question 45.)
- 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 - 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 - Will I get attorneys’ fees if I win on the repurchase or replacement?
If you choose to use an attorney to pursue your repurchase claim, 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 - Can I obtain civil penalties along with a repurchase?
The terms under which a replacement vehicle is provided will be based on your state’s lemon law. If your state’s lemon law permits civil penalties for repurchase claims, then the arbitrator has the authority to award civil penalties. However, the arbitrator may award civil penalties only if you establish that: (a) Ford knew of its obligation under state law or the Settlement Agreement to repurchase the vehicle; and (b) prior to the Arbitrator’s award, declined to do so after being provided with your Notice of Intent to Arbitrate. Ford may also be relieved of civil penalties if it can show that it reasonably and in good faith believed that the facts did not require an offer to replace the vehicle or refund the lease payments.
The award of civil penalties cannot exceed the amount of repurchase.
Top - What happens after my request for arbitration is accepted?
Prior to the arbitration hearing, you will have submitted documentary evidence in support of your claim, which will be included in a case file. You may ask the Arbitrator for additional time to gather evidence or to order the production of documents in Ford’s possession. CAP-Motors will send a copy of your case file to you approximately a week before the arbitration hearing.
Depending on the preferences of the parties, the arbitrator may conduct the hearing in-person, by telephone, or via internet video conferencing. You may have an attorney present your case and your evidence. You may also do so yourself. You have two hours to make your presentation of the documentary evidence, as well as time allocated for brief closing remarks. For in-person hearings, if you have possession of your vehicle, you are encouraged to bring the vehicle to the arbitration, where the arbitrator may, in his or her discretion, test-drive the vehicle.
Please be advised that due to the COVID-19 pandemic, there will be a delay in resolving all claims that require an in-person hearing or in which either party or the Arbitrator requests a vehicle inspection or a test drive. All such claims will be processed as expeditiously as possible once CAP-Motors determines that in-person hearings, vehicle inspections and test drives can be held without endangering the health or safety of participants.
Top - What happens at the arbitration hearing?
Depending on the preferences of the parties, the arbitrator may conduct the hearing in-person, by telephone, or via internet video conferencing. You may have an attorney present your case and your evidence. You may also do so yourself. You have two hours to make your presentation of the documentary evidence, as well as time allocated for brief closing remarks. For in-person hearings, if you have possession of your vehicle, you are encouraged to bring the vehicle to the arbitration, where the arbitrator may, in his or her discretion, test-drive the vehicle.
Please be advised that due to the COVID-19 pandemic, there will be a delay in resolving all claims that require an in-person hearing or in which either party or the Arbitrator requests a vehicle inspection or a test drive. All such claims will be processed as expeditiously as possible once CAP-Motors determines that in-person hearings, vehicle inspections and test drives can be held without endangering the health or safety of participants.
Top - When can I expect to hear the results of the arbitration?
The Arbitrator will have ten (10) days to issue an award, which is a final determination of your repurchase claim, following the arbitration hearing. In certain unusual situations, such as when the Arbitrator delayed final determination to review additional evidence or for a test-drive following the hearing, the award may take longer to issue, but under no circumstances should the award be issued later than ten (10) days following the final submission of all evidence.
Top - What can 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, 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. Except in the case of an award of civil penalties, 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.
The Arbitration Appeal may be decided based only on the documents submitted, without another hearing.
Top - 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 - What if an arbitrator in the Voluntary Arbitration Program already denied my claim for repurchase ?
If you had another Transmission Hardware Replacement by a Ford Dealer after an Arbitrator denied a previous claim filed by you for a repurchase under the Voluntary Arbitration Program, you may file a Second Arbitration, subject to the Arbitration Rules.
Top - 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, you are still entitled to file a claim in this Arbitration Program, subject to the Arbitration Rules.
Top - 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 34 through 37.
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 - What can I get from a New Vehicle Limited Warranty Arbitration?
The Arbitrator may award repairs under warranty or reimbursement. If you are having 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 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 under the warranty’s emergency repair provisions.
Top - What is the Arbitrator barred 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 - 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 - How do I qualify for reimbursement of what I paid for a replacement clutch?
If you have paid out of pocket for a clutch replacement, you may be entitled to benefits if (1) your vehicle was manufactured after June 5, 2013, (2) you had two 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 of 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 - 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 or by submitting forms available on the website or by calling 1-844-540-6011. 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 replacements of the clutch (part number 7B546 Disc Asy-Clutch), all of the following information:
- The Vehicle Identification Number (“VIN”) of the vehicle on which the clutch replacement was performed;
- The name and address of the Ford Dealer(s) that replaced the clutch on each occasion;
- 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
- 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:
- The Vehicle Identification Number (“VIN”) of the vehicle on which the clutch replacement was performed;
- The name and address of the Ford Dealer that replaced the clutch;
- 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;
- A description of the services rendered and parts provided in connection with the clutch replacement;
- 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
- 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 23, above. Finally, you must submit a claim form which 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 as of April 7, 2020, you must submit your claim by October 5, 2020. 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 - If I am part of the Settlement, can I sue Ford for the same claims later?
If you did not opt out of 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 damage to property other than Class Vehicles).
Top - If I am not part of the Settlement, can I still get the benefits from the Settlement?
If you opted out of the Settlement, you are not entitled to any benefits from the Settlement.
Top - Do I have a lawyer in this case?
The Court has appointed the following lawyers as Class Counsel, without charge to you. They are:
Lead Class Counsel
Class Counsel
Class Counsel
Ryan H. Wu
Tarek H. Zohdy
Cody R. Padgett
Theresa Carroll
Capstone Law APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Tel: 855.310.9583 (on or before April 30, 2020)
Tel: 866-955-5890 (after April 30, 2020) info@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, at your own expense to represent you to pursue repurchase claims in arbitration.
Top - How were the lawyers paid?
Class Counsel represents you at no charge to you. As ordered by the Court on March 5, 2020, Ford will pay Class Counsel’s attorneys’ fees and costs of $8,856,500, in addition to the benefits it is providing to Class Members in the Settlement.
The Court also awarded the following service awards to the Named Plaintiffs in this action: $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.
Former objectors, who assisted in negotiating the terms of the Settlement (as amended), were also awarded service payments and attorneys’ fees and costs by order of the Court on March 5, 2020. The Court awarded service payments of $5,000, each, to former objectors Brenda Lott, Suzanne Lutz, Carlie Olivant, Gail Slomine, and Philip Woloszyn, and attorneys’ fees of $339,216.60 and costs of $8,787.12 to their counsel. The Court also awarded $5,000 to former objector James DeBolt and attorneys’ fees of $98,360 to his counsel.
Top - How do I get more information?
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 info@fordpowershiftlawsuit.com.
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