Ford Focus/Fiesta Transmission Settlement

Ford is had a serious problem with these transmissions for years, and been denying it all the while. They have been selling approximately 200,000 of these vehicles per annum, at about $25,000 each. The settlement allows them to dodge liability and settle these cases out en masse, for a few hundred dollars and the vast majority of cases. For a significant number of people, this will amount to waiving all of your rights under the lemon law, for pennies on the dollar. The class counsel on the other hand will receive more than $8 million. "Ford will pay their attorneys’ fees and costs of up to $8,856,500".

Every single consumer who does not have a pending lawsuit against Ford for violation of the lemon law, and who does not opt out, will lose any right to sue them for reimbursement of the full price they paid for the car. Additionally, the settlement appears to give them the "right" to arbitrate the case with Ford. Every consumer in California has that right now. This is completely illusory. In fact it gives you even less rights. Under California law the decision of the "arbitrator" is binding on Ford, but not on you. You would still have the right to then take Ford to court if you were not pleased with the decision. This settlement takes that right away. Unfortunately, the vast majority of the consumers will be swept up into this settlement without any knowledge that it is happening. If however, you want to know more about your rights, give me a call.

In the meantime, you have very little time in which to "opt out" of the settlement. It must be postmarked by September 5, 2017. This is from the section of the class notice on how to exclude yourself from the settlement. 

I WANT TO EXCLUDE MYSELF 

If you have not filed a lawsuit against Ford based on alleged problems with your PowerShift Transmission, and you do not want to be part of the Settlement, you may exclude yourself or “opt out” of the proposed Settlement Class by submitting a request to do so in writing. In that request, you must state your name, address, and telephone number, along with the model, model year, and VIN number of your vehicle. You must also specifically and unambiguously state your desire to be excluded from the Class in Vargas v. Ford Motor Co., and you must sign and date the request. If you are represented by counsel, your counsel must also sign the Request for Exclusion. You must mail this request to the Claims Administrator at the following address:
Ford Transmission Settlement, P.O. Box 404000, Louisville, KY 40233-4000.

Your request must be postmarked no later than the date indicated. If you wish to exclude yourself from the Class, you must do so with respect to all Class Vehicles you own(ed) or lease(d). If you choose to exclude yourself, you will not be entitled to any of the Settlement benefits, but you will keep your individual right to sue Ford for problems relating to your PowerShift Transmission. See Question 48 below for additional details regarding Requests for Exclusion.

48. What if I don’t want to participate in the Settlement?
If you do not want to receive benefits from the Settlement and want to retain your right to sue Ford about problems with your Class Vehicle’s PowerShift Transmission, then you must actively remove yourself from the Settlement Class. You may do this by asking in writing to be excluded from, or opt out of, the Settlement. You must mail a letter or other written document to the Claims Administrator. Your request must include:
 Your name, address, and telephone number;
 The model, model year, and VIN number of your Class Vehicle(s);
 A specific and unambiguous statement that you desire to be excluded from the Class in Vargas v. Ford Motor Co.; and
 Your personal signature and the date you signed (and if you are represented by counsel, your counsel must sign the Request for Exclusion as well).
You must mail your exclusion request, postmarked no later than September 5, 2017, to KCC at Ford Transmission Settlement, P.O. Box 404000, Louisville, KY 40233-4000. If you wish to exclude yourself from the Class, you must do so with respect to all Class Vehicles you own(ed) or lease(d). You cannot exclude yourself from the Class with respect to some Class Vehicles and include yourself in the Class with respect to other Class Vehicles.