MyFord Touch Consumer Litigation
MyFord Touch Consumer Litigation Notice Administrator
3:13-cv-03072-EMC

Common Questions

 

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  • Ford’s records or records of state departments of motor vehicles show that you purchased or leased a Ford or Lincoln vehicle equipped with MFT from a Ford or Lincoln dealer before August 9, 2013 in one of the states as to which classes have been certified.  This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you.  You have legal rights and options that you may exercise before the case proceeds.  The case is to decide whether the claims being made against Ford, on your behalf, are correct.  Judge Edward M. Chen of the United States District Court for the Northern District of California is overseeing this class action.  The lawsuit is known as In re MyFord Touch Consumer Litigation, and the docket number is 3:13-cv-03072-EMC.

  • Plaintiffs allege that MFTs on these vehicles are defective because, among other things, they will not respond to voice commands; not connect to the owner’s mobile device; provide inaccurate directions and/or misread the location of the vehicle; and/or freeze up or crash altogether. Plaintiffs allege that when the system freezes or crashes the driver cannot operate any of the features connected to MFT, including the navigation technology, the radio, and the rearview camera or defroster. Plaintiffs further allege that Ford charged a premium price for MFT and seek to recover economic damages. Plaintiffs are not pursuing claims for personal injuries.

    Ford denies that it did anything wrong and denies that the MFT is defective.  The court has not yet decided whether Ford did anything wrong.

  • In a class action lawsuit, people called the “Class Representatives” sue on behalf of themselves and other people who have similar claims.  All of the people together are called a “Class” or “Class Members.”  The company the Class Representatives have sued (in this case Ford Motor Company) is called the Defendant.  One court resolves the issues for everyone in the Classes, except for those people who choose to exclude themselves from the Classes.

  • The Court decided that certain of Class Representatives’ claims against Ford can proceed as a class action and move towards a trial because they meet the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts.  Specifically, the Court granted class certification with respect to the claims listed below in the following eight states:

     

    CERTIFIED STATE

    CLAIMS CERTIFIED

    1.  

    California

    • Breach of implied warranty under state law
    • Breach of express warranty under state law
    • Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 et seq. (to the extent it is predicated on bases other than fraud)
    1.  

    Colorado

    • Strict product liability
    1.  

    Massachusetts

    • Massachusetts Consumer Protection Act, Chapter 93A § 9 of General Laws
    • Breach of implied warranty under state law
    1.  

    New Jersey

    • Breach of implied warranty under state law
    1.  

    North Carolina

    • Breach of implied warranty under state law
    1.  

    Ohio

    • Breach of implied warranty in tort
    • Common law negligence
    1.  

    Virginia

    • Breach of implied warranty under state law
    1.  

    Washington

    • Breach of express warranty under state law

     

    More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Orders (1) Granting In Part and Denying In Part Plaintiffs’ Motion for Class Certification and (2) Denying Plaintiffs’ Motion for Reconsideration and Granting Defendant’s Motion for Reconsideration, both of which can be accessed on the Important Documents page.

  • In the lawsuit, Plaintiffs claim that Ford sold and leased vehicles with MFT that were defective. MFT is an in-vehicle information and entertainment system. Plaintiffs allege that MFTs sold before August 9, 2013, were defective because, among other things, they do not respond to voice commands; do not connect to the owner’s mobile device; provide inaccurate directions and/or misread the location of the vehicle; and/or freeze up or crash altogether. Plaintiffs allege that when MFT freezes or crashes the driver cannot operate any of the features connected to MFT, including the navigation technology, the radio, the rearview camera, or the defroster.

    The Class Representatives are individuals and entities from the eight states identified above who purchased or leased a Ford or Lincoln vehicle equipped with MFT from Ford or a Ford dealer before August 9, 2013. 

  • Ford denies that MFT is defective and denies that it did anything wrong.

  • The Court has not decided whether Plaintiffs or Ford is correct.  By establishing the Classes and issuing this Notice, the Court is not suggesting that Plaintiffs will win or lose this case.  Plaintiffs must prove their claims through summary judgment and at a trial. The trial is scheduled for May 11, 2018.

  • Plaintiffs are asking the Court to find, among other things, that MFT is defective and that Ford breached certain warranties and otherwise acted unlawfully. Plaintiffs seek an award of damages, restitution and other relief to compensate them for having purchased vehicles with allegedly defective MFT.

  • No benefits are available now because the Court has not yet decided whether Ford did anything wrong, and the two sides have not settled the case.  There is no guarantee that benefits will ever be obtained.  If benefits become available, and you have not excluded yourself from the Classes, another notification will be distributed about the available benefits.

  • You need to decide whether you are affected by this lawsuit by reviewing the information in FAQs 10-12 below and/or by reviewing the Long Form Notice on the Important Documents page of this website.

  • Judge Chen certified the following Classes: 

    California: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in California from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“California Class”), for claims for breach of the implied warranty of merchantability, violation of the Song-Beverly Act for Breach of Express Warranty, violation of the Song-Beverly Act for breach of the Implied Warranty of Merchantability, and violation of California’s Unfair Competition Law to the extent it is predicated on bases other than fraud.

    Colorado: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in Colorado from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“Colorado Class”), for a claim of strict product liability.

    Massachusetts: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in Massachusetts from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“Massachusetts Class”), for a claim for violation of the Massachusetts Consumer Protection Act § 9 and breach of the implied warranty of merchantability.

    New Jersey: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in New Jersey from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“New Jersey Class”), for a claim for breach of the implied warranty of merchantability.

    North Carolina: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in North Carolina from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“North Carolina Class”), for a claim for breach of the implied warranty of merchantability.

    Ohio: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in Ohio from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“Ohio Class”), for claims for breach of implied warranty in tort and negligence.

    Virginia: All persons or entities who purchased or leased a Ford or a Lincoln vehicle in Virginia from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“Virginia Class”), for a claim for breach of the implied warranty of merchantability.

    Washington:  All persons or entities who purchased or leased a Ford or a Lincoln vehicle in Washington from Ford Motor Company or through a Ford Motor Company dealership before August 9, 2013, which vehicle was equipped with a MyFord Touch or MyLincoln Touch in-vehicle information and entertainment system (“Washington Class”), for a claim for breach of express warranty.

     

    Thus, if you purchased or leased a Ford or Lincoln vehicle equipped with MFT from a Ford or Lincoln dealer in one of these states before August 9, 2013, you may be a member of the Classes. 

  • Yes, if you purchased or leased a Ford or Lincoln vehicle equipped with MFT from a Ford or Lincoln dealer in one of the eight states listed above before August 9, 2013 but no longer own it (e.g., because you sold the vehicle), you are included within the class definitions certified by the Court.

  • If you are still not sure whether you are a member of the Classes, you can review documents on the Important Documents page of this website, or call or write to Class Counsel, at the phone numbers or addresses listed below in Question 22.  Do not call the Court.

  • You have to decide whether to stay in the Classes (do nothing right now) or ask to be excluded before the trial.  You have until February 5, 2018, to exclude yourself.

  • You do not have to do anything now if you want to remain a Class Member and retain the possibility of receiving benefits from this lawsuit.  If you fall within a class definition above, by doing nothing you are staying in the Classes.  If you stay in the Classes and Plaintiffs obtain benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to be excluded from any settlement).  Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose the case, you will not be able to sue, or continue to sue, Ford—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit.  You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this class action.

  • If you already have a lawsuit against Ford for similar claims and want to continue with it, you need to ask to be excluded from the Classes.  If you exclude yourself from the Classes—which means to remove yourself from the Classes, and is sometimes called “opting out” of the Classes—you will not get any benefits from this lawsuit even if Plaintiffs obtain them as a result of the trial or from any settlement (that may be reached) between Ford and Plaintiffs. 

    If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.  If you start or continue your own lawsuit against Ford after you exclude yourself, you will have to prove your claims in court, and you may have to hire and pay your own lawyer for that lawsuit.  If you do exclude yourself, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations or other time-sensitive requirements.

  • To ask to be excluded, you must complete the Exclusion Request Form and submit it by U.S. Mail by February 5, 2018, to MyFord Touch Consumer Litigation Notice Administrator, PO Box 6878, Broomfield, CO 80021.  Be sure to sign the form and complete all required information.

  • The Court has appointed Nicholas E. Chimicles and Benjamin F. Johns of Chimicles & Tikellis, LLP; and Steve W. Berman, Catherine Y.N. Gannon, Tyler Weaver and Craig Spiegel of Hagens Berman Sobol Shapiro LLP; Adam J. Levitt and John Tangren of Dicello Levitt & Casey LLC; and Roland Tellis and Mark Pifko of Baron & Budd, P.C. as “Class Counsel.”  Their contact information is listed below in question 22.

  • If you wish to remain a Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.  You may make an appearance in the case through another attorney if you choose.  If you wish to pursue your own case separate from this one, you will need to file a request for exclusion.  If you do so, you will need to decide whether to hire your own attorney. 

  • If Class Counsel obtain benefits for the Classes, they will ask the Court for fees and expenses.  You will not have to pay these fees and expenses.  If the Court grants Class Counsel’s request, the fees and expenses would either be deducted from any benefits obtained for the Classes or paid separately by Ford.

  • The Court has scheduled a trial for May 11, 2018.  It is possible that the Court may be able to decide the case on pre-trial motions, such as a motion for summary judgment.  Unless the case is otherwise resolved, a trial will begin on May 11, 2018.

  • As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the claims through pre-trial motions and at a trial.  During these processes, the Court or jury will hear all of the evidence to help them reach a decision about whether Plaintiffs or Ford are right about the claims in this lawsuit.  There is no guarantee that Plaintiffs will win or that they will get any benefits for the Classes.

  • No, you do not need to attend any trial.  Class Counsel will present the case for Plaintiffs and the Classes, and Ford will present its defenses. 

  • If at some point Plaintiffs obtain benefits as a result of the trial, pre-trial motions, or a settlement, and you did not exclude yourself from the Classes, another notice will be distributed with information about how to participate.  We do not know how long this will take.

  • Copies of the Court’s Orders (1) Granting In Part and Denying In Part Plaintiffs’ Motion for Class Certification and (2) Denying Plaintiffs’ Motion for Reconsideration and Granting Defendant’s Motion for Reconsideration can be accessed on the Important Documents Page. In addition, a copy of the operative complaint and the Court’s rulings on various motions to dismiss filed by Ford are also accessible on the Important Documents page.

    You may also contact one of the following attorneys appointed by the Court to serve as Class Counsel:

    Court Appointed Class Counsel

    STEVE W. BERMAN
    CATHERINE Y.N. GANNON
    TYLER WEAVER
    CRAIG SPIEGEL
    HAGENS BERMAN SOBOL SHAPIRO LLP
    1918 Eighth Avenue, Suite 3300
    Seattle, Washington 98101

    Telephone: (206) 623-7292
    steve@hbsslaw.com
    catherineg@hbsslaw.com
    tyler@hbsslaw.com
    craigs@hbsslaw.com
    ADAM J. LEVITT
    JOHN E. TANGREN
    DICELLO LEVITT & CASEY LLC
    Ten North Dearborn Street
    Eleventh Floor
    Chicago, Illinois 60602

    Telephone: (312) 214-7900
    alevitt@dlcfirm.com
    ROLAND TELLIS
    MARK PIFKO
    BARON & BUDD, P.C.
    15910 Ventura Boulevard, Suite 1600
    Encino, California 91436

    Telephone: (818) 839-2320
    rtellis@baronbudd.com
    mpifko@baronbudd.com
    NICHOLAS E. CHIMICLES
    BENJAMIN F. JOHNS
    CHIMICLES & TIKELLIS LLP
    One Haverford Centre
    361 West Lancaster Avenue
    Haverford, Pennsylvania 19041

    Telephone: (610) 642-8500
    nick@chimicles.com
    bfj@chimicles.com

     

    Please do not call the Court.

For More Information

Visit this website often to get the most up-to-date information.

Mail

PO Box 6878
Broomfield, CO 80021