In re: MyFord Touch Consumer Litigation
MyFord Touch Class Action Settlement
3:13-cv-03072-EMC

Frequently Asked Questions

 

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  • Ford’s records or records of state departments of motor vehicles show that you may have purchased or leased a Ford or Lincoln vehicle equipped with MFT from a Ford or Lincoln dealer before August 9, 2013 in California, Massachusetts, New Jersey, North Carolina, Ohio, Virginia, or Washington State. This notice informs you of the Litigation and the proposed Settlement, and describes your rights and options. 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; 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 the system 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. 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 decided whether Ford did anything wrong.

  • Some of the most frequent issues reported by Plaintiffs include: (1) MFT system screens freezing, crashing, restarting, or blacking out; (2) MFT backup cameras freezing, crashing, or blacking out; (3) MFT systems failing to respond to touch and/or voice commands; (4) MFT systems playing or changing music without prompting; (5) MFT systems that fail to properly connect to or recognize phones, iPods or USB jump drives.

  • 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 because they meet the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court has allowed classes to proceed with respect to the claims listed below in the following seven states:

     

     CERTIFIED STATE

       CLAIMS CERTIFIED

    1.

    California

       •  Breach of implied warranty of merchantability 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)

    2.

    Massachusetts

       •  Breach of implied warranty of merchantability under state law

    3.

    New Jersey

       •  Breach of implied warranty of merchantability under state law

    4.

    North Carolina

       •  Breach of implied warranty of merchantability under state law

    5.

    Ohio

       •  Breach of implied warranty in tort
       •  Common law negligence

    6.

    Virginia

       •  Breach of implied warranty of merchantability under state law

    7.

    Washington

       •  Breach of express warranty under state law

  • 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 seven 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, and no trial has occurred. By reaching a settlement, the parties have agreed to the benefits described in this Notice.

  • All valid claims will be paid by Ford only if and when the Court approves the Settlement at the Fairness Hearing that is scheduled for November 21, 2019, and if any appeals are resolved in favor of the settlement. So while there are no benefits available right now, it is still very important that you submit a claim by September 24, 2019, if you wish to claim a higher level of monetary compensation. A second Notice will be sent if the Settlement becomes effective reminding you of the availability of a software upgrade.

  • A hearing will be held before Judge Edward M. Chen of the U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA, 94102, on November 21, 2019 at 1:30 p.m. At the hearing, the Court will hear argument about whether the proposed Settlement is fair, reasonable, and adequate, whether it should be approved and, if so, what fees and expenses should be awarded to Class Counsel, and what service award should be given to the Named Plaintiffs. The time, date, and location of the hearing may change without further notice to you. If you plan to attend the hearing, you should confirm its time, date, and location before making any plans.

  • You need to decide whether you are affected by this lawsuit.

  • 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”)

    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”)

    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”)

    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”)

    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”)

    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”)

    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”)

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

    Excluded from all of the Settlement Classes are: (1) all federal court judges who have presided over this case and any members of their immediate families; (2) all entities and natural persons that elect to exclude themselves from the Settlement Classes; (3) all entities and natural persons that have litigated claims involving MFT against Ford to final judgment; (4) all entities and natural persons who, via a settlement or otherwise, delivered to Ford releases of their claims involving MFT; (5) Ford’s employees, officers, directors, agents, and representatives, and their family members; and (6) all entities and natural persons who submitted a valid request for exclusion following the Notice of Pendency of Class Action in this Litigation.

  • Yes, if you purchased or leased a Ford or Lincoln vehicle equipped with MFT from an Authorized Ford or Lincoln Dealer in one of the seven states listed in Question 11, 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 already submitted a valid request for exclusion from this lawsuit, you do not need to do so again in connection with the Settlement in order to be excluded from it. However, the Settlement provides that any person who previously excluded him or herself will be given an opportunity to revoke his or her exclusion and re-enter the Settlement Class.

  • 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 in Question 27. Do not call the Court.

  • You have to decide whether to stay in the Classes (and file a claim or potentially receive a unilateral payment), ask to be excluded, or object to the Settlement. You have until September 20, 2019, to exclude yourself or object to the Settlement. 

  • To file a claim, you will need to use your Claimant ID and PIN, which can be found on the Short Form Notice, which was mailed to you. If you lost your Claimant ID or PIN you can contact the Settlement Administrator at 1-833-402-1732 to receive a new one.

    The next step would be to file your claim online or download a paper claim form that you can mail to the Settlement Administrator. All claims must be submitted online or postmarked by September 24, 2019. After the Effective Date of Settlement, you may receive payment if you submitted a claim to the Ford Claim Center that is valid, complete, and timely submitted.  

    In exchange for the benefits you receive, you will give up your rights to sue Ford separately about the same legal claims involved in this action, unless you have personal injury claims related to MyFord Touch; those claims are not released by the Settlement.

    You may, if you wish, comment in favor of the Settlement by sending your comment to Class Counsel: Steve W. Berman, Esq. of Hagens Berman Sobol & Shapiro LLP, 1301 2nd Avenue, Suite 2000, Seattle, WA 98101.

  • You may want to exclude yourself if you do not want to participate in this Settlement or this Litigation at all. If you already have an individual 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 Settlement.

    If your exclusion request is properly submitted and sent before the deadline, you will not be bound by the terms of the Settlement, and you will be free, if you choose, to pursue your own lawsuit against Ford based on malfunctions of the MFT system. 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.

    If you do not submit a clear and timely request for exclusion to the Ford MFT Settlement Exclusion Center, you will be bound by the Settlement Agreement and relinquish any claims against Ford related to the MFT system (except for personal injury claims).

    If you already submitted a valid opt-out request, you do not need to do so again.

  • If you wish to be excluded from the Settlement Class, receive no benefits from the Settlement and retain all your rights, you must submit a request for exclusion to the Ford Settlement Exclusion Center so that it is received by September 20, 2019. Your exclusion communication must include: (a) your name, mailing address, and telephone number, (b) the model, and model year of your vehicle(s), (c) the Vehicle Identification Number, or VIN, (d) an explicit and unambiguous statement that you wish to be excluded from the Settlement Classes, and (e) be individually and personally signed by you (and your lawyer if you are represented by counsel).

    Your request must be sent to the Ford MFT Settlement Exclusion Center so that it is received by September 20, 2019, by mailing a letter to MyFord Touch Settlement Exclusions, P.O. Box 91241, Seattle, WA 98111, or by submitting it online.

  • If you are a member of the Settlement Class, you may object to the Settlement, Class Counsel’s request for attorneys’ fees and expenses, or the request for Named Plaintiffs’ service awards. Class Members who do not make their objections in a timely manner will waive all objections, their right to comment at the Fairness Hearing, and their right to appeal approval of the Settlement.

  • If you object to the proposed Settlement, you must do so in writing on or before September 20, 2019. Your written objection must include: (a) the case name and number (In Re MyFord Touch Consumer Litigation, Case Number 13-cv-3072-EMC); (b) your full name, address, and telephone number; (c) the model, model year, and vehicle identification number of your Class Vehicle; (d) proof that you purchased or leased the Class Vehicle (1) from an Authorized Ford Dealer; (2) before August 9, 2013; and (3) in California, Massachusetts, New Jersey, North Carolina, Ohio, Virginia, or Washington State; (e) a written statement of all reasons for your objection accompanied by any legal support for the objection; (f) copies of any papers, briefs, or other documents on which your objection is based; (g) a list of other cases in which you and/or your counsel have filed or in any way participated in—financially or otherwise—objections to a class settlement in the preceding five years; (h) the name, address, email address, and telephone number of all attorneys representing you; (i) a statement indicating whether you and/or your counsel intend to appear at the Fairness Hearing, and if so, a list of any persons you will call to testify in support of the objection; and (j) your signature (and your lawyer’s signature if you are represented by counsel).

    If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, San Francisco Division, or by filing them in person at any location of the United States District Court for the Northern District of California, and be filed or postmarked on or before September 20, 2019.

    You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

  • By doing nothing, you will remain part of the case and you will still give up your rights to sue Ford separately about the same legal claims involved in this action.  By not filing a claim by September 24, 2019, you may forfeit a higher level of monetary compensation to which you are otherwise entitled to if you had filed a claim.  So if you file a claim you may receive $45 to $400 and a lesser amount if you do nothing.

  • The only way to receive monetary compensation for used purchasers is to submit a valid claim form before the claims deadline.  While used purchasers are not eligible for a unilateral payment, used purchasers can choose to avail themselves of the dealer-installed or self-installed MFT software update described in Section II.A of the February Settlement Agreement.

  • The Court has appointed Nicholas E. Chimicles and Benjamin F. Johns of Chimicles Schwartz Kriner & Donaldson-Smith LLP; Steve W. Berman, Catherine Y.N. Gannon, and Craig Spiegel of Hagens Berman Sobol Shapiro LLP; Adam J. Levitt and John Tangren of DiCello Levitt Gutzler LLC; and Roland Tellis and Mark Pifko of Baron & Budd, P.C. as “Class Counsel.” Their contact information is listed in Question 27.

  • 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. If you want your own lawyer, you will have to file a request for exclusion and, if you decide to pursue your own claim, to pay your lawyer.

  • Class Counsel have pursued the Litigation on a contingent basis and have paid all the costs of the Litigation. They have not yet been paid or recovered any of their expenses. As part of the proposed Settlement, Class Counsel will ask the Court to award them up to $16 million in attorneys’ fees and expenses and to approve a $9,000 service award for each of the Named Plaintiffs. The Court will decide the amount of the fee award, the expense award, and the service awards at the Fairness Hearing. None of these payments will reduce the benefits that you, as a Settlement Class Member, receive. Ford will pay any money the Court awards to Class Counsel and to the Named Plaintiffs, within those limits.

  • If the Court approves the proposed Settlement at the Fairness Hearing that is scheduled for November 21, 2019, Ford will provide the following benefits to Class Members. First, Ford will make the most current compatible update of the MFT software available for free to all Class members. Second, Class Members can seek one of the following types of monetary compensation if they meet the eligibility criteria for that type of compensation and submit Proof of Ownership or Lease.

    Compensation for MFT Software Repairs: Members of the Settlement Classes who, by September 24, 2019, submit a valid claim that they sought one or more eligible MFT Software Repairs (as defined in the Settlement Agreement) to their Class Vehicle during the time they owned or leased it and before the date of the Preliminary Approval Order, will receive a payment as follows:

    Number of MFT Software Repairs Amount
    1 $100
    2 $250
    3 or more $400

     

    Reimbursement of Post-Warranty Repair Costs: Members of the Settlement Classes, who by September 24, 2019 submit a valid claim with evidence that they paid for a MFT Software Repair (either by an Authorized Ford Dealer or another automobile repair service provider) within one year after the expiration of the MFT Extended Warranty will receive reimbursement of the full amount they paid for all such repairs.

    Compensation for Unsatisfactory MFT Performance: Members of the Settlement Classes who, by September 24, 2019, submit a valid claim swearing that they experienced two or more instances of Unsatisfactory MFT Performance before March 28, 2019 will receive a cash payment of $45. Members of the Settlement Classes do not require proof of an eligible MFT Software Repair to qualify for this category of monetary compensation.

    Unilateral Payment for MFT Software Repairs: After the deadline for submitting claims for compensation for MFT Software Repairs (September 24, 2019) has expired, Ford will cause a payment of $55 to be sent to all Original Owners or Lessees of a Class Vehicle that received one or more MFT Software Warranty Repairs as identified in Ford’s MFT Service and Software Records, but as to which Class Vehicle no claim for monetary compensation (as set forth in the Settlement Agreement) was submitted.

    Unilateral Payment to Original Owners of Class Vehicles Who Do Not Submit Claims: After the deadline for submitting claims for compensation for MFT Software Repairs (September 24, 2019) has expired, Ford will cause a payment of $20 to be sent to all Original Owners or Lessees of Class Vehicles that did not receive an MFT Software Warranty Repair as identified in Ford’s MFT Service and Software Records, and as to which Subject Vehicle no claim for monetary compensation (as set forth in the Settlement Agreement) was submitted.

    Guaranteed Minimum Payment to Class Members: After the deadline for submitting claims for compensation for MFT Software Repairs and Unsatisfactory MFT Performance (September 24, 2019) has expired, the Settlement Administrator will calculate the Total Payment Amount, which will be the sum of (1) the total dollar amount of valid claims for monetary compensation (as defined in the Settlement Agreement), and (2) the total dollar amount of unilateral payments (as defined in the Settlement Agreement).

    If the Total Payment Amount is less than $17 million, Ford will cause the difference between the Total Payment Amount and $17 million to be distributed on a pro rata basis to all Members of the Settlement Classes who, prior to September 24, 2019, submitted valid claims for compensation of any type (as set forth in the Settlement Agreement). Ford and the Settlement Administrator will, in consultation, with Class Counsel, complete this distribution reasonably promptly after the Effective Date of Settlement, taking into account the need to resolve any re-submissions of deficient claims and appeals of denied claims.

  • If the Court approves the proposed Settlement, it will dismiss the Litigation, and Ford will provide the benefits described above to the Settlement Class Members who have not excluded themselves from the Class. Settlement Class Members will be barred from pursuing non-personal injury lawsuits related to malfunctions of the MFT system in the Class Vehicles. Therefore, if you want to bring your own lawsuit against Ford, you must exclude yourself from this Settlement. If you exclude yourself from the Settlement, you will not receive any benefits.

  • This notice summarizes the proposed settlement.  For the precise terms and conditions of the settlement, please see the settlement agreement available here, by calling the MFT Claims Administrator at 1-833-402-1732, by contacting Class Counsel (contact information below), by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

    For additional information and/or for a copy of the full Settlement Agreement; the request for attorneys’ fees, costs, and the service award; and other key Court documents, you may visit the Important Documents page or call the Claims Administrator at 1-833-402-1732. You may also contact one of the attorneys appointed by the Court as Class Counsel:

    Court-Appointed Class Counsel

    STEVE W. BERMAN
    CATHERINE Y.N. GANNON
    CRAIG SPIEGEL
    HAGENS BERMAN SOBOL SHAPIRO LLP
    1301 Second Avenue, Suite 2000
    Seattle, Washington 98101

    Telephone: (206) 623-7292
    steve@hbsslaw.com
    catherineg@hbsslaw.com
    craigs@hbsslaw.com

    ADAM J. LEVITT
    JOHN E. TANGREN
    DICELLO LEVITT GUTZLER LLC
    Ten North Dearborn Street
    Eleventh Floor
    Chicago, Illinois 60602

    Telephone: (312) 214-7900
    alevitt@dlcfirm.com
    jtangren@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 SCHWARTZ KRINER & DONALDSON-SMITH 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 OR WRITE THE COURT OR THE COURT CLERK ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS. 

For More Information

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

Mail

MyFord Touch Class Action Settlement
c/o JND Legal Administration
PO Box 91241
Seattle, WA 98111-9341