Ford Focus and Ford Fiesta PowerShift Transmission Settlement
If you are a current or former owner or lessee of a 2011-2016 Ford Fiesta or 2012-2016 Ford Focus vehicle that was equipped with a PowerShift Transmission and was originally sold or leased in the United States (including territories), you may be affected by a nationwide settlement that has been reached in litigation concerning the PowerShift Transmission. You might be eligible for the following benefits, among others:
This website provides you with important information with respect to the Settlement, and the website will be updated as new information becomes available.
Class members can now submit claims for benefits under the settlement, but please be aware that claims will not be processed or paid until the Effective Date.
An appeal of the Court's Final Approval of the Settlement has been filed and remains pending in the Ninth Circuit Court of Appeals in California, and the Effective Date cannot occur until the appeal has been resolved, which could take more than a year. Please check this website frequently for updates.
Even though the appeal remains pending, in an effort to provide Class Members with an option to have their claims resolved sooner, 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 appeal is complete to move forward with arbitration. Should you have questions or concerns, please reach out to CAP-Motors, or a local attorney or the class attorneys, Capstone Law APC, at 855-310-9583 should you have more specific questions.
CLAIM SUBMISSION DEADLINES
|Claims for cash payments/vehicle discount certificates/clutch repair reimbursement for repairs that were performed on your vehicle prior to December 1, 2017||Deadline has passed and claims can no longer be submitted.|
|Claims for cash payments/vehicle discount certificates/clutch repair reimbursement for repairs that were performed on your vehicle on or after December 1, 2017||180 days after the repair for which you seek payment|
|Requests for repurchase arbitration based on vehicles that were sold (or leased vehicles returned) prior to December 1, 2017, if your state’s lemon law allows repurchase claims based on vehicles that were sold or returned||Deadline has passed and requests can no longer be submitted.|
|Requests for repurchase arbitration based on vehicles that were sold (or leased vehicles that were returned) on or after December 1, 2017, if your state’s lemon law allows repurchase claims based on vehicles that were sold or returned||The earlier of (1) 180 days after you sell or return your class vehicle or (2) expiration of the applicable statute of limitations.|
|Requests for repurchase arbitration based on vehicles that are still owned or leased by the class member at the time of the arbitration hearing||6 years after delivery of your vehicle to the first retail purchaser|
|Requests for breach of warranty arbitration||Expiration of the statute of limitations for express warranty claims established by the law of the state in which you purchased your vehicle.|
|Preliminary Approval Date||April 25, 2017|
|Notice Date||July 14, 2017|
|Opt-Out Deadline||September 5, 2017|
|Opt-In Deadline||September 5, 2017|
|Objection Deadline||September 5, 2017|
|Fairness Hearing||October 2, 2017|
|Final Approval Date||October 18, 2017|
CURRENT STATUS OF THIS MATTER:
The parties in Vargas v. Ford Motor Company, C.D. Cal. Case No. 2:12-cv-08388-AB-FFM, have reached a nationwide settlement which was granted preliminary approval by the Court on April 25, 2017. A copy of the Settlement Agreement is available under the "Case Documents" tab on this website.
Notice was mailed to known potential class members in early July, 2017. Please be aware that postcards regarding the Settlement were sent inadvertently to some owners or lessees of vehicles not included in the Settlement Class. These vehicles include 2011-2016 Ford Fiesta vehicles and 2012-2016 Ford Focus vehicles equipped with a manual transmission, 2012-2016 Ford Focus Electric Vehicles, and 2016 Model Year Focus SE vehicles equipped with a 1.0L Engine and an optional 6-speed Automatic Transmission with SelectShift.
On October 18, 2017, the Court granted Final Approval to the Settlement. Class members can now submit claims for benefits under the settlement, but an appeal was filed and remains pending. As set forth above, please be aware that claims will not be processed or paid until after all appeals have been exhausted or expired. Please check this website frequently for updates.
Also as stated above, Class Members now have the option to participate in an early Voluntary Arbitration process. Please contact CAP-Motors (800-279-5343), or contact the class attorneys, Capstone Law APC (855-310-9583), for additional information regarding this process.