San Francisco, CA: Ford Motor Co, is facing a consumer fraud class action lawsuit alleging falsely markets its Focus and Fusion model vehicles as containing an innovative and safe power steering system, while aware that the defective system suddenly and prematurely fails during normal driving conditions.
According to the lawsuit, Ford advertises the electric power-assisted steering system in its 2010 to 2014 Ford Fusion and 2012 to 2014 Ford Focus as enhancing vehicle safety, while knowing that the system actually contains numerous defects that pose serious hazards to public safety.
"Had Ford timely disclosed to consumers the material fact that the [power steering] system was prone to sudden failure, plaintiff and the other class members would not have purchased or leased those vehicles, or would have paid substantially less for the vehicles than they did,"the complaint states.
According to the lawsuit, the lead plaintiffs purchased or leased various Ford Fusion or Focus models relying on the claims that the vehicles' steering system would not pose an unavoidable safety risk. Those claims included the ability of the power steering system' "pull-drift compensation"to detect road conditions and adjust the steering system to help drivers compensate for pulling and drifting. The system was also allegedly marketed as increasing fuel economy and protecting driver safety.
However, the plaintiffs allege the system suffers from design and manufacturing defects involving the wiring, sensors and gear assembly that can result in a loss of connections within the system, as well as corrosion and breakage of critical wiring.
When the system fails while the vehicle is on the road, drivers are unable to turn the vehicle, exposing those in the car, as well as those in surrounding vehicles and pedestrians, to the risk of accidents and potentially fatal bodily harm, according to the lawsuit.
Plaintiffs further allege that Ford has made no progress in rectifying the problem and continues to market the system as safe, despite consumer complaints. Additionally, they claim Ford informs drivers who complain to the automaker that the power steering issues are not included in the vehicle warranty, effectively making drivers pay for repair costs out of pocket.
The suit seeks certification for a national class of consumers who leased or purchased the defective Ford Fusion or Ford Focus vehicles. The complaint alleges negligence, fraudulent concealment, violations of the Magnuson-Moss Warranty Act, and several violations of state law.
In late May, 2014, Ford announced recalls of its Ford Escape, Mercury Mariner and Ford Explorer vehicles for similar power steering defects. The company told the National Highway Traffic Safety Administration at the time that it knew of five accidents and six injuries linked to the defect.
The lead plaintiffs are represented by Roland Tellis, Mark Pifko and Issac Miller of Baron & Budd PC, Adam J. Levitt, Justin S. Brooks and John E. Tangren of Grant & Eisenhofer PA, and Nathan B. Atkinson and Niall A. Paul of Spilman Thomas & Battle PLLC.
The case is Philips et al v. Ford Motor Co., case number 5:14-cv-02989, in the U.S. District Court for the Northern District of California.
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And, of course, the lawsuit was dismissed February 2017. Basically, for technical reasons. But then again, that's why the lawyers get paid the big bucks that they do.
Posted by Jenyn Schalles
on
I bought my 2012 Ford Fusion SE used with only 24,000 miles on it in September 2015. Last Saturday my power steering suddenly failed, wheel locked up tight, & when I tried turning the wheel with all my strength, it would suddenly jerk I. The opposite direction. Right before the failure, the power steering service required light came on right after trac system maintenance light flashed. I was driving home from work, on the highway, going 50-55mph, in a narrow construction zone, with no shoulder only concrete walls. By the grace of god every other car around me was able to slow down or speed up, giving me both lanes until out of the construction area & I was able to get it off the road. Scariest moment in my life, just to be told later from the Ford dealership that the steering gear needs to be replaced but that my VIN# was not part of the recall, & repair costs are $2,000. This is where it gets confusing and Ford was caught lying to me. I then called Ford, who a women named Eddy, filed a case#/ complaint about it and said the dealership would be called for more information and decision if it'll be paid. Next day, I called the service manager, Mark, from the Ford dealership for an update. When he said his decision was that it was not going to paid because I was not the original owner (carfax print out was given to them prior, showing the car was maintainced as required, and never had an accident) Mark explained the recall guidelines, my car was built 4 months after the defective ones, he stated that Ford realized the power steering problems and when my car was built, different components were used. I told him that's horrible. Ford knew that over 400,000 vehicles were not made safety, so they tried correcting it, which obviously didn't work either, but Ford then waited 4 years to recall these vehicles in 2015? And ONLY certain ones? Why not all? Apparently because they knew there was a problem and thought they fixed it. But decided the safety and well being of the defective vehicles owners was not important until 2015.
Posted by Jose Barbosa
on
I own a 2014 Ford Fusion. One day a couple warnings appeared on the screen " Steering loss. Stop Safety" and "Lane keeping system malfunction. Service required". The car would not turn. I called the dealer and they told me that I had to get it towed at my own cost. They also told me that the steering gear on the front end broke and that I need it to have it replaced. They told me that the cost for the part only would be $2.000.00. I have an extended warranty on the vehicle. I spoke with someone at Ford and they told me that the part replacement would be covered and that a manger would contact me. I did not hear from anybody so I contacted them again. The second time they told me that the part would not be covered and that my rental car would not be covered either. I would have never purchased a vehicle if I had know that they had problems with the EPAS and that they would not cover any repairs. I was not involved in an accident but I am now a few thousand dollars short. Can anybody help with this?
Posted by Lisa Smith
on
Aug 9,
Steering wheel locked up while going into curve, my daughter couldnt do anything but chew up the guardrail with her 2012 Ford Focus! It will cost 1400 to 1700 to fix it and not real sure its a guaranteed fix. Seriously considering loosing money and just turning it in! Wont drive it and cant sale it!
Posted by Ute parks albuquerque new mexico
on
I was in an accident last night with my 2012 ford fusion. Was going 40 miles per hour with my granddaughter in the car when the power steering locked up my steering wheel went crazy up the sidewalk back down over the median to on coming traffic when it finally stopped on the road opposite side my hand and lower got stuck in the steering wheel. That was a horrifying experience. I took my car in for recall on that back in December of 2016. All ford did was reprogram module failure that's it. So today they still don't want to fix the problem for free under recall . Pls help I need to join that lawsuit. I clld ford motor co. And told them does someone had to die or cause bad accident first before they do anything about this. No comments from them horrible situation. I am scared to get back into that car.
Posted by ELAINE SAUCEDA
on
I purchased a 2010 Ford Fusion a year ago with 38,000 on it. Since then my sunroof has begun leaking, my tire pressure has gone down in tires overnight 2 x, and battery drained overnight 2 x, and airbag has been recalled. When I took it to Ford Dealer to take car of another recall, just to check my car out for issues I'm having was over $250.00 (which I don't have). Ford states that sunroof N/C, ? tire pressure (would have to have diagnostic done) , same for battery drain, and recalled airbag hasn't been available for them to replace bad one, UNKNOWN when will be available(recall issues last year)..........When I took it in to check the sunroof, was told manufacturer defect as it was not correctly placed, and fix was $1200.......I still have 2 1/2 yrs left on loan for car, and really need my car as I'm a single mom with disabled daughter who requires monthly treatments at hospital.....Please could you help...Too many of us owners are stuck with 2010 Ford Fusion's that are defected, and Ford Motor Corp doesn't want to take responsibility......
Posted by Stephanie Yacomes
on
I've posted so many complaints. Do any of them mean anything ? Is Ford going to make up for their F-ups? Pardon my french. I called Ford to report that my 2009 Murcury Mariner power steering assist failed and the whole steering column needed replaced. The representive instructed me to keep all the receipts and send them to Ford for re-imbursement. OK, I CAN DO THIS. I called back 2 minutes later to request an address to submit receipts to and was told my VIN hasn't been recalled. I'm very frustrated. HELP
Posted by Lon Maisonneuve
on
My 2010 Ford Fusion started having the power steering assist indication illuminate and the power steering then would fail. The 1st few times it happened I was parked and I turned the car off and restarted it, then the steering worked. On 1/3/2017 it has now completely failed and the dealership was wants $1,400 for a repair.there is a recall for the same exact issue on on 2011-13 years, but not 2010. Something stinks here!!!##
Posted by Stephanie yacomes
on
My steering column in my 2009 mercury marineer locked up snd is being repaired by my private machanic. There eas a recall on the stering volumn in may /2014.
Was never notified of recall. Is ford responsible for reimbursing me for repair ?
Posted by Paige Blasingame
on
This happened to me this morning and my dealership is saying they will repair it for the pretty price of $1800. Please,HELP ME get in on this.
Posted by Stephenson
on
Same issue with my 2010 Fusion. No advance warning. In the car with my kids fortunately i was able to park but had to leave car in the lot and get it towed out of fear that I would get into an accident trying to get it home or to dealership. Called my wife to rescue us on the road.
Posted by Sid Loyola
on
My steering wheel just locked up on me this morning...got the following "power steering assist failure" alert. Please give me info on how to join this lawsuit!
Posted by Gayle Gordon
on
This just started happening to my 2012 Ford Focus. I went online to research the problem and found this. My car is in the shop now. It's going to cost more than I can afford. I'm in Texas, so maybe you have to be in California to join this suit. Do you have any advice for me? Ford has recalled the Fuzion and some other models for this. When I pointed that out to the guy at the dealership he said there was nothing they could do, because my car is a Focus.
Posted by Shannon Lynn
on
We have been dealing with issue off and on for the past 6months. We have put thousands of dollars into the car and no one can help us fix it! I want an explanation. Please, if anyone has any information about how to join this lawsuit, I want in.
Posted by Sharon moore
on
I had a recall on my car and I took my car to get checked out and they said everything was ok but I was getting off the express way and my power steering went out I couldn't move the wheel at all and my service advantrac power steering light was on so I had to get my car pulled. I have tried everything to fix my car but I don't have the funds they are asking for to repair my car , I'm so sad and upset with ford cause my warranty is out and I have to come out of pocket I wish I could join the lawsuit cause that was an horrible idea to make these cars that way cause I could have died or killed someone else . SO PLEASE IF YOU HAVE ANY INFO OF HOW TO JOIN THE LAWSUIT LET ME KNOW.
Posted by Jamie
on
Around September 2015 was my first episode with my 2010 Ford Fusion power steering failing. Today is May 4, 2016 and it started failing again a few weeks ago, which was sporadic. May 2nd 2016, it failed twice. Once as I was driving out of my driveway in the morning and the second time when I was backing out of the parking spot at work in the evening. I took my car in to the Ford today and waiting for a diagnosis. I'm very scared this car will fail while I'm driving and especially in the Orange County, CA congested freeways.
Posted by Darryl Williams
on
On April 5, 2016 my wife was driving our 2010 Ford Fusion leaving work when the Power Steering Assist light came on. Good thing she was on a side road and was able to pull over to figure out what happened. We took the car in for State inspection and of course any recalls because upon online review the 2011 - 2014 Ford Fusions had an issue with the steering.
Failed state inspection was told this year was not the year for the recall steering issue. Phone call to Ford and was told this is not the year either even though they'd had other concerns with this same year from other consumers.
Beach Ford in Virginia Beach VA where the car was purchased said they would go half on the repair and the high end is $800. No one has that kind of money on such a short notice especially when it appears the years had the exact same issue and it was put on Recall!!!
This really sucks and Ford should have include all those makes and models with that Steering REcall
Posted by Robert Harris
on
April 1, 2016 - 2012 Ford Fusion......Over the last several months, I have had a Service Advanctrac light come active on my dash. The notification would reset and clear. On 4/1/16, my vehicle had a Service Advancetrac notification and Power Steering Failure notification present as I was driving 55mph. I was able to make it home, but had to man handle the steering wheel to make it home. Once I arrived home, I googled "2012 Ford Fusion Power Steering Failure" and found that there was a recall issued for this problem in the Summer of 2015.
I took my Fusion to the dealership on Monday (4/4/16) and was told to bring it back on 4/6/16, which I did.
I just received a phone call from Byerly Ford and they are telling me that the Rack and Pinion need to be replaced. The cost of this repair is $1,660.00 plus alignment.
I've read many complaints that sound just like my issue.
I will be saving my invoices for this and all repairs relating to this issue.
Rob (Louisville, KY)
Posted by Sandra Tontalo
on
2-25-16: 2010 Ford Fusion steering went out completely as I was attempting to drive (a small block away) to take RX's to my elderly mother. Michigan just got over a snowfall of about 10" the day before, so having the power steering go out 'instantly' created a hazard for me and anyone else on the road! I couldn't turn the steering wheel without huge effort, and then only slightly. The dash warning lights lit up showing 'Power Steering Assist, Advance Trac, service'. I had to manually try to force the car off to the side of the road by using every ounce of strength I had, because the power steering was out. The side of the road was full of snow/ice that had been plowed by City trucks from the day before. I banged my head on the steering wheel. I got out to look for help, to no avail, then fell on the ice! I had recent foot bone & shin bone surgery and the shin surgery area broke open & bled! I have to go back to the derm surgeon now and have NO WAY TO DRIVE THERE! This car was built in 2010 and even though Ford won't recall the Power Steering failures of Ford Fusions of 2010, they DID recall the 2011-2012 Fusions THAT HAVE THE EXACT SAME PROBLEM!
i'VE READ LITERALLY TONS OF COMPLAINTS FROM CONSUMERS OF 2010 FUSIONS EXPERIENCING THIS EXACT PROBLEM. While some of them couldn't afford to get the costly repairs necessary for the power steering issues, others did pay..from $1,600-2,000 for the repairs!!! Many articles state that Ford 'may' still recall the 2010, but as it stands right now, they are saving millions by NOT including the 2010 Fusion.
IS THERE A CLASS ACTION LAWSUIT AGAINST FORD FOR THE DEFECTIVE 2010 POWER STEERING ISSUES OF THE FORD FUSION? I would like to be included in that lawsuit, if it exists.
I will be saving ALL bills related to injuring myself while trying to safely get this car off the road when the power steering completely went out, with NO advance warning, until the warning lights came on...by then, it was too late!
I just lost my father that I helped care take for several years and he wanted to live no matter what! I'm now care taking my elderly mother and I NEED TO LIVE for many responsibilities, not to mention being the mother of a police officer doing dangerous work~ I can't believe FORD doesn't care about people lives, with this dangerous power steering failure problem!! To save tons of money, but not lives, they've ignored recalling the 2010 Ford Fusion (it had tons of complaints about this issue), but since complaints were slightly lower than complaints of the 2011-2012 Ford Fusions with the EXACT SAME POWER STEERING PROBLEMS, THEY DIDN'T INCLUDE THE 2010!
Somehow, we've got to band together and go after the only thing they pay attention to, which is a class-action lawsuit, since they so obviously don't care about customer safety or lives~power steering failure kills! Would they ignore this if you were the President, Senator, Mayor, what about a celebrity? Does it take someone famous to have this happen and put it in the media for Ford to see? (by the way, my deceased father WAS the Mayor in our town)
(try being a 5'3" 110 lb female trying to manually steer when the power steering has gone out, in a split second~who also has hand/wrist surgery repairs, severe osteo arthritis in the hands & has NO OTHER CHOICE BUT TO TRY & GET OFF THE ROAD TO PROTECT HERSELF AND/OR OTHER DRIVERS WHO DON"T REALIZE WHAT JUST WENT WRONG WITH YOUR FORD FUSION POWER STEERING!
Thank you for your time and consideration. I don't know if you really reply to these letters, but I was compelled to contact you after what just happened!
Sincerely,
Sandy (Tontalo)
Posted by Scott Holmes
on
Woke up this monring to a low tire pressure in my 2010 Ford fusion, after filling with air I lost power steering and now have service powers steering now message. Called dealer and they say they know nothing about this, offered to check it out but at my cost. After researching online many people are having the same issue.
Posted by Ricardo R Mancias
on
I have a 2010 Ford Fusion SE and the Power Steering just went out. All of a sudden! Plus I get some other alarm which also has to do with the power steering. I see 2011-2014 Fusions being recalled for this problem but I don't see the 2010 on the list. Doesn't make any sense to me.
Posted by Javone
on
Since september my 2010 Ford fusion has lost power twice as I was merging onto a major highway almost killing me and or causing me severe damage. Ive had to swerve out of traffic in an attempt to not be hit. The first time i was unaware of a recall on a part, that part was the reason my car lost power on I-95. 2 days ago my power steering assist light came on as i was driving causing another fiasco in traffic. It was one of the most terrifying incidents of my life, a feeling of utter helplessness. After turning the car off then back on I have not seen the light since, however immediately after the incident the car is now driving badly.
Posted by Scotty Costner
on
I have a 2010 Ford Fusion SE. I had a flat tire on 11-26-15 and before I could get pulled off the road, my power steering went out. I was able to put my spare tire on and get it replaced. The Ford Dealer told me it would cost 1349.76 to replace the power steering. I don't understand how a flat tire can cause your power steering to go out. I contacted Ford and demanded them to pay for the repairs but I was told the 2010 did not have a recall which is total BS.
Posted by Aundreaus Johnson
on
I had a 2010 ford fusion SE. Ever since i purchased this car its been in and out the shop.. Always had to fix something. Sad part about it when i bought the car it wasnt even a year old.. I felt un safe in this car.. Car use to stall on the freeway. Wouldnt start. Throttle body replaced 4 times. And finally this year in September the power steering went out as i was driving home. Couldve been in a accident.. Thank god i wasnt. But the powersteering was $2,000 total rip off. I feel like i should get my money back because when u buy a car that isnt a year old your not supposed to have problems two days after you bought it. Im very pissed. And i would like some kinda justice because $2,000 couldve been used towards the note.
Posted by Miguel Avila
on
I have a 2012 fusion git evolved in a accident, got repaired 2 times, I didn't know it was due the power steering failure, now after all this my car is damaged going in to a ditch, I find out about the recall of steering and I need to join the claim. If git all I need to get my money back. . Body shop parts and mechanic expenses. Video etc..
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