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.
On March 5, 2020, the District Court entered a Final Approval Order of the Settlement. Please visit the “Case Documents” section of this website to see the Final Approval Order, and the renewed motion for Final Approval of the Settlement, which describes amendments to the Settlement. Please be aware, however, that the Effective Date of the Settlement will not occur until all appellate rights have expired or have been exhausted, which will be no earlier than April 6, 2020. Current and former owners or lessees of Class Vehicles are still able to submit claims for benefits under the Settlement, but claims will not be processed or paid until there is a new Effective Date. Please check this website frequently for updates.
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 new Effective Date 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
|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||February 28, 2020|
|Final Approval Date||March 5, 2020|
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” section 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 September 13, 2019, the Ninth Circuit Court of Appeals vacated and remanded the final approval of the Settlement, sending it back to the district court to provide further details in its order evaluating the Settlement.
On January 24, 2020, a renewed motion for Final Approval of the Settlement was filed. The motion described proposed amendments to the Settlement. On February 28, 2020, at 10:00 a.m., the Court held a Final Fairness hearing regarding the renewed motion for Final Approval of the proposed amended Settlement. On March 5, 2020, the Court issued a Final Approval Order of the Settlement. As stated above, the Effective Date of the Settlement will not occur until all appellate rights have expired or have been exhausted, which will be no earlier than April 6, 2020. Current and former owners or lessees of Class Vehicles are still able to submit claims for benefits under the Settlement, but claims will not be processed or paid until there is a new Effective Date.
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.