A class action complaint has been filed in United States District Court for the Southern District of California against Ford Motor Company (“Ford”). The lawsuit alleges that certain models of Ford, Lincoln, and Mercury vehicles contain defective electronic throttle body control systems (“ETB”).  According to the complaint, the defect in the ETB causes “rapid unintended deceleration” which poses a safety risk to drivers, passengers, and other vehicles. The complaint also alleges that Ford has known of the defect, but rather than adequately addressing the problem and warning consumers, Ford has downplayed and covered up the problem with the ETBs. According to the complaint, Ford engaged in a secret recall which it called a “customer satisfaction program” that only covered some of the affected vehicles leaving many unsafe vehicles on the road and many owners unaware of the potential hazard. Further, the complaint alleges that rather than admitting its vehicles are dangerous and defective, Ford described the problem as “electrical contamination” and said it was not an “unreasonable risk to motor vehicle safety.”

Why Does Ford’s Defect Matter?

Along with the risk to drivers, passengers, and other vehicles, the complaint states:

“Ford’s conduct has had the effect of denying those who own or lease Ford and Lincoln vehicles their full rights under the law. These rights include consumers’ pre-purchase or lease rights to fair and reasonable information as well as post-purchase or lease rights, including rights under the Song-Beverly Consumer Warranty Act, commonly known as California’s lemon law. Ford also has failed to fully, adequately, and effectively tell consumers what they must do if the vehicles they are driving unintentionally and suddenly decelerate. To do so, and to do so effectively, would protect lives, but would also constitute an admission of a problem, so Ford refuses to act responsibly and morally, choosing profit instead. Ford has chosen to deceive its customers rather than educate them with life-saving information about its vehicles.”

Who May Have Been Affected?

According to the complaint, the following vehicles contain the defective ETBs:

  • 2011-2014 Lincoln Mark LT (3.5L and 3.7L engine)
  • 2011-2016 Lincoln MKX (3.7L engine)
  • 2013-2016 Lincoln MKZ (3.7L engine; base and Black Label models)
  • 2013-2016 Lincoln MKT (3.7L engine; base model)
  • 2013-2015 Lincoln MKS (3.7L engine; base model)
  • 2011-2016 Ford Edge (3.5L engine)
  • 2011-2014 Ford Edge (3.7L engine)
  • 2015-2016 Ford Mustang (3.7L engine)
  • 2011-2014 Ford Mustang (base, GT, and Shelby models)
  • 2013-2015 Ford Taurus (3.5L engine)
  • 2011-2014 Ford F-150 (3.7L engine)
  • 2015-2016 Ford F-150 (3.5L Duratec V6 engine)
  • 2011-2016 Ford Explorer (3.5L Duratec V6 engine)

What Can Those Who May Have Been Affected Do?

The Kehoe Law Firm P.C. is ready to help.  Anyone who purchased one of the affected vehicles can speak to an attorney for a free, no-obligation consultation by calling Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, or sending an e-mail to [email protected].

Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. Driven by a strong and principled sense of social responsibility and obtaining justice for the aggrieved, Kehoe Law Firm, P.C. represents plaintiffs seeking to recover investment losses resulting from securities fraud, breaches of fiduciary duty, corporate wrongdoing or malfeasance, those harmed by anticompetitive practices, and consumers victimized by fraud, false claims, deception or data breaches.  Together, the partners of the Kehoe Law Firm, P.C. have spent more than 30 years prosecuting precedent-setting securities and financial fraud cases in federal and state courts on behalf of institutional and individual clients.