2017 and 2018 Ford Focus Transmission Claims
A vehicle’s dependability is one of the most critical reasons supporting its ultimate purchase. While style, features, and fuel economy play a role in selecting a car, ultimately none of these items matter if the vehicle can’t reliably function as it should, every day. For far too many, the 2017 and 2018 Ford Focus transmission problems experienced over time have culminated in an inability to use or rely upon their vehicle when they need it most. Beyond the lurching, surging, inability to accelerate, overheating, and other driving-based complications, 2017 and 2018 Ford Focus transmissions also prevented many of these vehicles from even starting, rendering them completely inoperable. For these reasons and more, our firm has been working diligently over the years to provide legal counsel for current and former owners seeking the compensation they deserve for these vehicles equipped with the defective DPS6 transmission. A new PowerShift class action lawsuit filed against Ford for problems with the 2017 and 2018 Ford Focus transmission may soon force current and former owners to take action and preserve their legal options.
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To better understand the problems that 2017 and 2018 Ford Focus transmissions experience, it is important to first understand how they work (or are supposed to work). The DPS6 PowerShift transmission is essentially a manual transmission managed and operated by a unique computer system. This computer essentially operates the transmission similar to the way a driver would operate a manual vehicle; the DPS6 PowerShift transmission operates through a dual clutch (DCT) system shifting up and down based upon acceleration and deceleration. While this is a relatively simple or basic explanation for a complex system, Ford is also responsible for marketing the DPS6 PowerShift as an automatic transmission – if problems with their complex system exist, Ford should be responsible for explaining why the Focus transmission doesn’t operate in the same fashion as an automatic transmission.
Known problems with the 2017 and 2018 Ford Focus transmission have included transmission control module (TCM) failure, unexpected/premature wear requiring replacement for the clutch, overall breakdown of the transmission itself, and more. The failure of the PowerShift transmission to operate as one would normally expect is an issue in and of itself. As they have with previous models, Ford and its dealers have been reluctant to admit the issue and instead explain compromised and unsafe driving experiences as “the way this transmission works” or simply not representing a problem at all. Denying that such a fundamental issue exists with this transmission has resulted in an uphill battle for owners seeking repairs on any of the 2012-2018 DPS6 vehicles. That problem has only been made worse by a shortage of parts that has left countless owners with no transportation, requiring an all-too-often agonizing and infuriating decision on whether to part ways with a vehicle that seems to represent an endless drain on their resources and patience.
The truth is that the DPS6 PowerShift transmission was assumed to be an effective solution to Ford’s goal of establishing fuel efficiency and effectiveness in their smaller sedan lineup. First used in the United States in the 2011 Fiesta, the PowerShift transmission debuted in the 2012 Ford Focus with significant promotion and media attention. However, almost immediately, concerns and complaints began to flow into Ford’s dealers and customer service department. These complaints continued, despite efforts by Ford to address the problems, as the manufacturer continued to use the DPS6 PowerShift transmission in later models of the Focus. These issues ultimately resulted in a class action affecting 2011-16 Ford Fiesta and 2012-16 Ford Focus vehicles. Now, despite being left out of the first class action settlement, 2017 and 2018 Ford Focus cars equipped with the PowerShift transmission find themselves part of a recently filed class action case we expect to be fast moving that will automatically impact all current and former owners.
Centering around the performance and quality of the Focus transmission, as well as the manufacturer’s responsibility for what was promised and expected in terms of function and reliability, the class action lawsuit will represent a major turning point for current and former owners. 2017 and 2018 Ford Focus transmission cases would be governed by the class settlement terms for all those current and former owners who do not remove themselves from the agreement by opting out. For owners of 2011-16 Fiesta and 2012-16 Focus vehicles, the class settlement terms created what our firm believes to have been an incredible uphill battle for any compensation. With payouts originally requiring three or more repairs in most states to qualify for even a small amount of compensation, buybacks were even more rarely made available to deserving owners based upon limitations in their state Lemon laws. We can comfortably state that we were often surprised and confused by the decisions frequently made by Ford, but thousands of individuals with failing vehicles failed to meet these strict state lemon standards and were left without what we believe is fair and deserved compensation.
In contrast, those who opted out of that class action have been able to proceed with individual claims to seek all the compensation they deserve, which was not dependent upon the severe limitations in their state Lemon law. That evidence of Ford’s wrongdoing and even fraud included the documents released in conjunction with the Free Press article series mentioned previously, representing critical information those who remained in the class did not have when making their decision about whether to opt out.
Those considering whether to opt out of the recent class action and any settlement that may follow regarding their 2017 or 2018 Ford Focus transmission will benefit from having this information and knowledge we have obtained of what Ford knew, and when, while manufacturing, marketing and selling these vehicles with troubled transmissions. But, as stated before, the only way members of the previous class settlement could pursue compensation outside of the class action settlement was by opting out and pursuing that individual claim to the full extent of the law.
What do we believe should be considered when determining fair compensation surrounding 2017 and 2018 Ford Focus transmission claims?
Original purchase price of the vehicle
Financial costs, such as interest or value of a trade-in at the time of purchase
Costs incurred repairing the vehicle out of warranty
Compensatory damages for issues surrounding the vehicle ownership
Financial hardships created when needing to sell/transfer ownership of the vehicle
And more
No law firm can guarantee or even project the outcomes that can be reached in a lawsuit. Each case and each owners damages are unique and dependent upon the facts. However, each of the items listed above is an important consideration when pursuing an individual claim by opting out.
The need to opt out from a class action in order to avoid being automatically bound and subject to its terms has been an overwhelming factor in determining the rights of current and former owners of vehicles with recurring problems. Our law firm regularly hears from individuals whose rights were already determined, and are thus controlled by, class action settlements that were approved sometimes months and even years previous. We currently represent owners of 2017 and 2018 Ford Focus vehicles experiencing transmission issues and we expect that number to increase significantly as the class action matter proceeds and as owners and former owners explore their options before and/or during a class settlement opt out period. By contacting our firm now, before a settlement has been reached, current and former owners of 2017 and 2018 Ford Focuses equipped with PowerShift transmissions will be made aware of critical deadlines and receive information and assistance should they decide to opt out of any class settlement.
Those seeking more information about 2017 and 2018 Ford Focus transmission claims can contact Stern Law by calling (844) 808-7529 or completing our website’s contact form here.