Hagens Berman: Court Certifies Nine Classes of Consumers in Ford MyFord Touch Lawsuit
September 28 2016 - 4:21PM
Business Wire
Unsuccessful fixes of defective devices at center of lawsuit
called “lipstick on [a] pig” by Ford
A U.S. District Court judge today certified classes of consumers
from nine states in a lawsuit filed against Ford (NYSE: F) stating
that its MyFord Touch and MyLincoln Touch touchscreen systems are
defective, often crashing and freezing while the vehicle is in
motion, failing to respond to repeated voice and touch commands,
providing inaccurate GPS information and unable to connect to
mobile phones and iPods, according to Hagens Berman.
The classes of certified consumers includes those who purchased
at least one vehicle from Ford equipped with MyFord Touch from nine
states, including California, Colorado, Massachusetts, New Jersey,
North Carolina, Ohio, Texas, Virginia and Washington.
The lawsuit states that the MyFord Touch “infotainment”
touchscreen systems often crash and freeze while the vehicle is in
motion, fail to respond to repeated voice and touch commands,
provide inaccurate GPS information and are unable to connect to
mobile phones and iPods.
Plaintiffs within the certified classes will now move forward
with the completion of merits, expert discovery and summary
judgment motion practice. According to Hagens Berman, plaintiffs
look forward to bringing their claims to trial, which is currently
scheduled for April 2017 in front of the Honorable Judge Edward
Chen of the Northern District of California.
“While we are appreciative of the court’s careful consideration
of the class in this case against Ford, we will continue to fight
for the rights of all consumers who paid a heavy premium for
dangerous, defective in-car touchscreen systems,” said Steve
Berman, managing partner of Hagens Berman and the attorney
representing vehicle owners. “We will continue to fight for the
rights of everyone affected by Ford’s misconduct and hope to
include more states of certified classes.”
The lawsuit was first brought in 2013 on behalf of owners of
Ford and Lincoln vehicles equipped with the MyFord Touch or
MyLincoln Touch systems, which were introduced by Ford in 2010.
According to the third amended complaint, Ford promised consumers
the ability to seamlessly operate audio controls, use a GPS
navigation system, make phone calls, manage control climate systems
and play music straight from their smartphone, but what they
received was far from seamless.
Plaintiffs allege that Ford was aware of the problem even before
the first MyFord Touch and MyLincoln Touch-equipped vehicles were
delivered to consumers. Since the launch of the system, Ford has
issued several technical service bulletins and software updates,
with no fix in sight. In addition, the complaint documents a number
of consumer complaints in the National Highway Traffic Safety
Administration’s database, all detailing issues with the
touchscreen system. The complaint also chronicles the MyFord
Touch/MyLincoln Touch problems experienced by Ford’s own employees,
dealers and executives.
“At best, what consumers paid for amounted to a pricey
inconvenience, failing to live up to even the most basic of Ford’s
gilded promises,” Berman said. “But in the worst scenarios, the
failed MyFord Touch system’s defects can be a hazardous distraction
to drivers.”
Judge Chen’s order highlights the debacle of Ford’s unsuccessful
fixes: “…while Ford argues that ‘each new software version fixed
bugs,’ such that any problems with the various software versions
are not identical (Opp. at 33, 4), Plaintiffs have introduced
statements from Ford suggesting that the attempted fixes were
unsuccessful. See Ex. 160 (referring to the fixes as ‘lipstick on
[a] pig’).”
According to the suit, the system fails even while controlling
crucial vehicle functions, such as the defroster and rear-view
camera, which are controlled through the system, putting drivers
and passengers at risk. The MyFord Touch systems also reportedly
failed to provide reliable GPS navigation, and can suddenly turn
off and back on with a message saying it is “performing scheduled
maintenance,” leaving the driver without any ability to operate a
multitude of critical functions while the vehicle is in motion.
About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights
class-action law firm with offices in 10 cities. The firm has been
named to the National Law Journal’s Plaintiffs’ Hot List eight
times. More about the law firm and its successes can be found
at www.hbsslaw.com. Follow the firm for updates and news
at @ClassActionLaw.
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version on businesswire.com: http://www.businesswire.com/news/home/20160928006469/en/
Hagens Berman Sobol Shapiro LLPAshley Klann,
206-268-9363ashleyk@hbsslaw.com
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