Class Action Settlement

Ford Focus and Fiesta Powershift
Transmission Settlement

What’s The Case About?

Where to go:

  • Buyback claims. To learn more about having an attorney from Capstone Law APC represent you in an arbitration for a buyback under the settlement, please go here.
  • Status of your claim. If you already filed a claim, please email the Court-approved claims administrator at: ClaimUpdate@FordTransmissionSettlement.com.
  • Submit a claim. If you have your documents and are ready to submit your claim, please visit the claims portal on the settlement website.
  • Learn more about the settlement benefits. Click on the tabs on the left to learn more, or visit the FAQ section on the settlement website.

What is this lawsuit about?

Our firm, Capstone Law APC, is litigating a lawsuit on behalf of a class of consumers nationwide who purchased or leased a 2011 through 2016 Ford Fiesta and 2012 through 2016 Ford Focus equipped with Ford's Dual Clutch or "PowerShift" Transmission. The lawsuit, entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), has been resolved by a proposed settlement that was preliminarily approved by the United States District Court for the Central District of California, on April 25, 2017 ("the Settlement").

If you purchased or leased a 2011-2016 Ford Fiesta or a 2012-2016 Ford Focus with a PowerShift Transmission (the "Class Vehicles"), you may be entitled to obtain benefits provided by the Settlement and the Orders of the Court.


What is the current status of the Settlement?

On March 5, 2020, the Court finally approved the amended settlement and entered judgment. Claims will be processed and payments distributed after the Effective Date of April 7, 2020.


What are the cash payments provided under the Settlement?

The settlement offers three types of cash payments.

If you have had three or more Service Visits (to Ford dealers) and received a qualifying transmission hardware repair, you are eligible to receive $200 starting with the third visit, another $275 for your fourth visit ($475 in total cash received), up to a cumulative $2,325 for eight visits.

If you have had three or more Service Visits where you received a Software Flash (including updates to your transmission control module), you may receive $50 starting with the third visit, and another $50 for each additional visit until you have received $600.

If you had a transmission repair refused by a Ford dealer, you may receive a one-time payment of $20 if you attest to those facts.


What are the deadlines for filing a claim for cash payments?

There are two deadlines depending on when you made your Service Visits or had a repair request refused.  For Service Visits/refused repairs that occurred before the Effective Date of April 7, 2020, the postmark deadline for filing your claim is October 5, 2020. The postmark deadline for Service Visits/refused repairs after April 7, 2020 is 180 days after the date of your Service Visit to the dealer.

Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

We encourage you to seek repairs for your Class Vehicle if you continue to experience transmission malfunctions. Class Members remain eligible for benefits and may submit claims for up to 7 years / 100,000 miles from delivery to the first customer, whichever comes first.


How do I submit a claim for a buyback?

The settlement's most valuable relief is a buyback of your vehicle. If you qualify under your state's lemon law (see lemon law resources tab for more), or if you have had 4 Service Visits for transmission hardware repairs within 5 years or 60,000 miles (whichever comes first), you can receive a buyback. Buybacks typically range from $15,000-$22,000. You may be eligible to receive a buyback even if you no longer possess your vehicle.

To start the process to receive a buyback, follow the directions provided here: https://consumerarbitrationprogram.com/submitclaim/.

Ford will have ten days upon receiving your Notice of Intent to Arbitrate to respond. Ford may offer to provide a buyback directly. (Absent unusual circumstances, you should accept the buyback offer.) After ten days, if you do not receive a buyback offer (or reject the offer), you can proceed to the arbitration program, which is akin to a mini-trial. The program is administered by CAP-Motors, an independent entity vetted by us and Ford, and a neutral arbitrator will review your claims and make a determination as to whether you qualify for a buyback.


What is the deadline for submitting a buyback claim?

All Class Members have until at least October 25, 2020 to file a request to arbitrate and until November 4, 2020 to file a request to arbitrate. After that, you have until 6 years of the date of delivery of the vehicle to the first owner to file a request to arbitrate.

As a rule of thumb, we suggest that all current and former owner/lessees of a 2011-2014 Ford Focus or Fiesta who qualify for a buyback submit a notice of intent to arbitrate by November 4, 2020 (which requires sending a Notice of Intent to Arbitrate by October 25, 2020). Current or former owners/lessees of 2015-2016 Class Vehicles should submit a Notice of Intent to Arbitrate at least 10 days before your deadline to file your request to arbitrate, which is 6 years of the date of delivery to the first retail owner. Whether to file for the buyback program should be reviewed first with class counsel.

Information is also provided on the right-hand corner of this page.


What are my rights as a Class Member?

Class Members may be entitled to receive money or other benefits that the Settlement provides. This means that if you did not opt out or otherwise exclude yourself from the Class, you are bound by these results and can no longer sue Ford separately for the same legal claims or claims related to the legal claims alleged in this lawsuit.

If you are a Class Member, you may now submit claims for benefits, but please be aware that claims cannot be processed or paid, and no arbitrations can take place, until the Effective Date. Claim forms and other information about the claims process are available at www.FordTransmissionSettlement.com or by calling (844) 540-6011.


What are the other benefits provided by the Settlement?

If you paid for a repair to you PowerShift Transmission that you think should have been covered by warranty, you may be entitled to reimbursement or you may compel Ford to make a repair.

If your vehicle was manufactured after June 5, 2013, and two or more clutch replacements were performed on your vehicle under warranty and you had to pay for a clutch replacement after warranty, you may be entitled to reimbursement.

For more detail, please refer to the FAQ and Summary of Benefits tabs on the left.


What is the advantage of seeking a buyback through the settlement rather than through court?

The settlement has created a faster process for getting a buyback. It typically takes 2 to 3 months from the time you file your claim to get an arbitration award for a buyback. Your buyback claim will be decided by an independent arbitrator affiliated with CapMotors (a service unconnected with Ford or class counsel that the parties selected after careful evaluation). While Ford is obligated to pay for the arbitration services and the arbitrator's fees under the settlement, the arbitrator is independent and follows rules negotiated by class counsel. The plaintiffs seeking a repurchase in court has been waiting for over 2 years for relief.

Everyone who qualifies for a buyback in court under state law can also get a buyback under the settlement. While some class members may also seek and obtain other relief besides a buyback, if your only claim is for a buyback, you will likely not see any benefit to being in court.

But the settlement's arbitration program has several other advantages over a court action. First, former owners/lessees can get a buyback if their state law allows for it, or even if they can show that they had 4 repairs within 5 years/60,000 miles. Second, class members have up to 6 years of the vehicle’s first purchase or 6 months of the final approval order to get a buyback. If you are not a class member, your claim for a buyback may have already expired because there is a short time to seek a buyback in court. Third, class members may get a buyback even if they do not qualify for one under state law. If a class member meets the settlement-created standard, 4 repairs within 5 years/60,000 miles (and the car continues to malfunction), they get a buyback. A lot of class members would otherwise quality to get a buyback under the settlement.

As of December 31, 2019, Ford has already paid over $47.4 million for buyback claims.


What are the new terms as part of the Amended Settlement?

An amended class settlement was reached between Plaintiffs, Ford, and objecting class members to provide for some additional benefits to the class after a mediation of the parties on December 9, 2019. Most of the current structure and benefits remained in place, but the amended settlement now provides for a $20 one-time payment for class members who were denied repairs, changes so that will make it easier for former owners/lessees to get a buyback in arbitration, and the creation of a $30 million minimum guarantee for the cash payments.


What if a Ford dealer turned me away from getting a Transmission repair?

You can receive a one-time payment of $20 if you submit a claim documenting that you were turned away from getting a repair.

LEMON LAW RESOURCES AVAILABLE ONLINE

Click on the state where you bought your vehicle. That link will take you to information on your state's lemon law.

*This page is for informational use only and cannot be construed as legal advice.1 You should consult a lemon lawyer of your state if you have specific legal questions or contact us for a referral.


Alabama:

  • Information about Alabama's lemon law, Ala. Code 1975 §§ 8-20A-1 - 8-20A-6, is provided by the Department of Revenue.

Alaska:

Arizona:

  • Information about Arizona's lemon law, "Motor Vehicle Warranties" - Ariz. Rev. Stat. §§ 44-1261 - 44-1267, is provided by the office of the Attorney General.

Arkansas:

  • Information about Arkansas' lemon law, "New Motor Vehicle Quality Assurance Act" – A.C.A. §§ 4-90-401 through 4-90-417, is provided by the Department of Finance and Administration and the Office of the Attorney General.

California:

  • Information about California’s lemon law, “Song-Beverly Consumer Warranty Act” – Cal. Civ. Code §§ 1790 – 1795.8, is provided by the office of the Attorney General, including a link to the consumer guide published by the Department of Consumer Affairs.

Colorado:

  • Information about Colorado's lemon law, "Motor Vehicle Warranties" – C.R.S.A. §§ 42-10-101 through 42-10-107, is provided by the Department of Revenue, including a fact sheet.

Connecticut:

  • Information about Connecticut's lemon law, "New Automobile Warranties" – C.G.S.A. §§ 42-179 – 42-184, is provided by the Department of Consumer Protection.

Delaware:

District of Columbia:

  • Information about DC's lemon law, "Automobile Consumer Protection" – DC ST §§ 50-501 – 50-510, is provided by the office of the Attorney General.

Florida:

  • Information about Florida's lemon law, "Motor Vehicle Warranty Enforcement Act" – F.S.A. §§ 681.10 – 681.118, is provided by the office of the Attorney General.

Georgia:

Hawaii:

  • Information about Hawaii's lemon law, "Motor Vehicle Express Warranty Enforcement (Lemon Law)" – HRS §§ 481I-1 - 481I-4, is provided by the Department of Commerce and Consumer Affairs, including a fact sheet and a consumer guide.

Idaho:

  • Information about Idaho's lemon law, "New Motor Vehicle Warranties" – I.C. §§ 48-901 – 48-913, is provided by the office of the Attorney General.

Illinois:

  • Information about Illinois' lemon law, "New Vehicle Buyer Protection Act" – 815 ILCS 380/1 - 380/8, is provided by the office of the Attorney General.

Indiana:

  • Information about Indiana's lemon law, "Motor Vehicle Protection" – IC 24-5-13-1 - 24-5-13-24, is provided by the office of the Attorney General, including a fact sheet.

Iowa:

  • Information about Iowa's lemon law, "Defective Motor Vehicles (Lemon Law)" – I.C.A. §§ 322G.1 – 322G.15, is provided by the office of the Attorney General.

Kansas:

  • Information about the Kansas lemon law, K.S.A. 50-645 and 50-646, is provided by the office of the Attorney General.

Kentucky:

  • Information about Kentucky's lemon law, "Defective New Cars" - KRS §§ 367.840-846 (Lemon Law) and KRS §§ 367.860-870 (Informal Dispute Resolution System), is provided by the office of the Attorney General.

Louisiana:

  • Information about Louisiana's lemon law, "Motor Vehicle Warranties" - RS 51:1941 – RS 51:1948, is provided by the Motor Vehicle Commission.

Maine:

  • Information about the Maine lemon law, 10 M.R.S.A §§ 1161-1169, is provided by the office of the Attorney General, including a consumer guide.

Maryland:

  • Information about Maryland's lemon law, "Automotive Warranty Enforcement Act" – MD Code, Commercial Law §§ 14-1501 – 1504, is provided by the office of the Attorney General.

Massachusetts:

  • Information about Massachusetts' lemon law, "Motor Vehicles and Aircraft” – M.G.L. c. 90 §§ 7N – 7N1/2, is provided by Consumer Affairs and Business Regulation.

Michigan:

  • Information about Michigan's Lemon Law is provided by the Department of Attorney General.

Mississippi:

  • Information about Mississippi’s lemon law, "Motor Vehicle Warranty Enforcement Act" – Miss. Code Ann. §§ 63-17-151 - 63-17-165, is provided by the office of the Attorney General, including a consumer guide.

Missouri:

  • Information about Missouri's lemon law, "New Motor Vehicle Warranties, Nonconformity (Lemon Law)" – V.A.M.S 407.506 - 407.579, is provided by the office of the Attorney General, including a consumer guide.

Montana:

  • Information about Montana’s lemon law, "New Motor Vehicle Warranty Act" – MCA §§ 61-4-501 – 61-4-533, is provided by the office of Consumer Protection.

Nebraska:

  • Information about Nebraska's lemon law, "Manufacturer's Warranty Duties" – Neb.Rv.St. §§ 60-2701 – 60-2709, is provided by the DMV.

Nevada:

  • The text of Nevada's lemon law, "Repairs to Conform to Express Warranties" – N.R.S. 597.600 – 597.688, can be found here.

New Hampshire:

  • Information about New Hampshire's lemon law, "New Motor Vehicle Arbitration (Lemon Law)" – N.H. Rev. Stat. §§ 357-D:1 – 357-D:12, is provided by the office of the Attorney General, including a consumer guide.

New Jersey:

  • Information about New Jersey's lemon law, "Consumer Contracts (Motor Vehicle Lemon Law)" – N.J.S.A 56:12-29 - 56:12-49, is provided by the Division of Consumer Affairs.

New Mexico:

  • You can request more information about New Mexico's lemon law, "Motor Vehicle Quality Assurance Act" – N.M.S.A 1978 §§ 57-16A-1 – 57-16A-9, by contacting the office of the Attorney General.

New York:

  • Information about New York’s Lemon Law, N.Y. Gen. Bus. Law §§ 198-a and 198-b (McKinney), is provided by the Office of the Attorney General, including a fact sheet and a "Consumer Bill of Rights."

North Carolina:

  • Information about North Carolina’s lemon law, "New Motor Vehicles Warranties Act" – N.C.G.S.A. §§ 20-351 - 20-351.11, is provided by the office of the Attorney General.

North Dakota:

  • Information about North Dakota's lemon law, "Lemon Law" - N.D.C.C. 51-07-16 – 51-07-22, is provided by the office of the Attorney General.

Ohio:

  • Information about Ohio's lemon law, "Motor Vehicles with Warranty Nonconformities" – R.C. §§ 1345.71 – 1345.78, is provided by the office the Attorney General.

Oklahoma:

  • Information about Oklahoma's lemon law, "Consumer Protection Act" - 15 Okl.St.Ann. §§ 751 - 754 and "Manufacturer Warranties" – 15 Okl.St.Ann. §§ 901 – 901.1, is provided by the office of the Attorney General.

Oregon:

  • Information about Oregon's lemon law, "Enforcement of Express Warranties on New Motor Vehicles" - O.R.S. §§ 646A.400 - 646A.418, is provided by the office of Consumer Protection.

Pennsylvania:

  • Information about Pennsylvania’s lemon law, "Automobile Lemon Law" – 73 P.S. §§ 1951 – 1963, is provided by the Department of Transportation.

Rhode Island:

  • Information about Rhode Island's lemon law, "Consumer Enforcement of Motor Vehicle Warranties" – Gen.Laws 1956 §§ 31-5.2-1 - 31-5.2-14, is provided by the office of the Attorney General.

South Carolina:

  • Information about South Carolina's lemon law, "Enforcement of Motor Vehicles Express Warranties" – Code 1976 §§ 56-28-10 – 56-28-110, is provided by the Department of Consumer Affairs.

South Dakota:

  • Information about South Dakota's lemon law, "Manufacturer’s Warranty" – SDCL § 32-6D-1 - 32-6D-11, is provided by the office of the Attorney General.

Tennessee:

  • Information about Tennessee's lemon law, "Motor Vehicle Warranties" – T.C.A. §§ 55-24-101 - 55-24-101, is provided by the Department of Commerce and Insurance.

Texas:

  • Information about Texas' lemon law, "Warranties: Rights of Vehicle Owners" – V.T.C.A., Occupations Code § 2301.601 - 2301.613, is provided by the Department of Motor Vehicles.

Utah:

  • Information about Utah's lemon law, "New Motor Vehicle Warranties Act" – U.C.A. 1953 §§ 13-20-1 - 13-20-8, is provided by the Department of Commerce Division of Consumer Protection.

Vermont:

  • Information about Vermont's lemon law, "New Motor Vehicle Arbitration" – 9 V.S.A. §§ 4170 – 4181, is provided by the Department of Motor Vehicles, including a consumer guide.

Virginia:

Washington:

  • Information about Washington's lemon law, "Motor Vehicle Warranties" – RCWA 19.118.005 - 19.118.904, is provided by the office of the Attorney General, including a consumer guide.

West Virginia:

  • The text of West Virginia's lemon law, "Consumer Protection – New Motor Vehicle Warranties" – W. Va. Code, §§ 46A-6A-1 - 46A-6A-9, is available here.

Wisconsin:

  • Information about Wisconsin's lemon law, "Motor Vehicle Dealers; Salespersons; Sales Finance Companies" – W.S.A. 218.0171, is provided by the Department of Transportation.

Wyoming:

  • The text of Wyoming's lemon law, "Motor Vehicles" – W.S.1977 §§ 40-17-101 - 40-17-102, is available here.

1 While we have made every attempt to ensure that the information contained on this page has been obtained from reliable sources, Capstone Law APC is not responsible for any errors or omissions or for the results obtained from the use of this information. Links on this page are to other websites maintained by third parties over whom Capstone Law APC has no control, and Capstone Law APC makes no representations as to the accuracy or any other aspect of information contained therein.

What Laws Protect Me?

California law provides various protections and rights to employees in the state in the areas of wrongful termination, workplace harassment, and regarding wage issues like overtime, minimum wages, meal breaks, vacation pay, and other issues related to compensation. You can find a more detailed description of various rights organized below by subject.

SUMMARY OF BENEFITS

BASIC INFORMATION REGARDING THE CLASS SETTLEMENT

You are a Class Member if:

  1. You are a current or former owner or lessee of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a dual-clutch DPS6 or "PowerShift" automatic transmission ("PowerShift Transmission"); and
  2. You do not have a currently pending lawsuit against Ford alleging problems with the PowerShift Transmission.

There are several types of compensation available to qualifying Class Members, including (1) Vehicle Repurchase; (2) Cash Payments for Transmission Hardware Replacements; (3) Cash Payments for Software Flashes; and (4) Compensation for Warranty Repairs. Cash payments will be made by pre-paid card.

Claims for the qualifying repairs or repair attempts described below, performed by an authorized Ford dealer or repair facility while you owned or leased the vehicle, will be accepted for up to seven years or 100,000 miles from your vehicle's original sale or lease, whichever is earlier.

If your repair was made before the Effective Date (projected to be April or May 2020), you must submit your claim within 180 days of the Effective Date. If your repair was made after the Effective Date, you must submit your claim within 180 days of the repair.


CLASS MEMBER BENEFITS

  1. BUYBACK/REPURCHASE

As a Class Member, you may be eligible for the repurchase or replacement ("buyback") of your car by Ford. Claims for this benefit may depend on your state's "lemon law." Such claims will processed through an expeditious arbitration process. The arbitration administrator, Cap-Motors, was chosen jointly by class counsel and Ford after a careful vetting and is completely neutral.

How to Submit a Claim. Before you can claim this relief, you must provide Ford with written notice of your intention to do so at least ten (10) days before you submit your claim. The process can be started at www.consumerarbitrationprogram.com.


Settlement Buyback Standard. Even if you are not eligible under your state's lemon law, you may be eligible under the Settlement's fallback rule if:

  • At least four Transmission Hardware Replacements were performed during separate Service Visits;
  • All four Transmission Hardware Replacements were performed within five years or 60,000 miles of original delivery to the first owner or lessee; and
  • Your car is still malfunctioning.

Former owners/lessees can qualify for a buyback under this standard if their state law does not permit it.

Extension of the statute of limitations. For Class Members who seek a repurchase, you have until 6 years from first sale, or 180 days from the Effective Date (whichever is later), to submit a claim. As a practical matter, every Class Member who may have a viable buyback claim should do so within 180 days of the Effective Date (or by approximately October or November 2020).

Attorneys' fees. For class members who prevail in arbitration, the settlement provides that Ford pay up to $6,000 in reasonable attorneys' fees.

Civil Penalties. An arbitrator may award civil penalties if the applicable state law provides for it, and if it can be demonstrated that Ford knows of its obligation to provide a buyback under state lemon law and failed to do so.

Appeal. You may appeal an arbitrator's award at your own expense. The appeal will be heard by another arbitrator with another arbitration administrator, JAMS. Except for an award of civil penalties, Ford will not be able to appeal an arbitrator’s decision.

Cash payments received for Software Flashes or Transmission Hardware Replacements will be deducted from any award made for a repurchase/replacement.


  1. TRANSMISSION HARDWARE REPLACEMENT

As a Class Member, you may be eligible for cash payments or discount certificates (to be used toward the purchase of a new Ford vehicle) of increasing value for each Service Visit for a Transmission Hardware Replacement. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx

  • Eligibility begins with the third Transmission Hardware Replacement. Payments at $200 for the third Service Visit, an additional $275 for the fourth visit, an additional $350 for the fifth visit, and so on. So, for example, if you have had five service visits, you are eligible to receive $825 in cash ($200+$275+$350).
  • You may submit claims for up to eight (8) Transmission Hardware Replacements, or up to $2,325 in cash or $4,650 in discount certificates.
  • Each Transmission Hardware Replacement must have been performed during a separate Service Visit and cannot have been performed as part of a recall program.
  • Each Transmission Hardware Replacement must have been one of ten (10) enumerated parts that will be listed on your repair order (there may be a prefix or suffix surrounding the part number):
    • 7B546 Disc Asy-Clutch;
    • 7Z369 Control Mod Trans (TCM);
    • 7052 Oil Seal-Trans Rear;
    • 7000 Transmission Asy-Aut;
    • 7C604 Motor-Frt Clutch;
    • 7A508 Rod-Cl/Slave Cyl Pus;
    • 6K301 Seal/RetC/Shft Oil;
    • 7060 Shaft/Bshg Asy-Out;
    • 7048 Seal-Input Shaft Oil; and
    • 7515 Lever Asy-Clutch Rel.

  1. SOFTWARE FLASHES

As a Class Member, you may be eligible for a cash payment of $50 for each transmission Software Flash (e.g., TCM update). Eligibility begins with the third Software Flash. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx

  • You may submit claims for up to twelve (12) Software Flashes (up to $600).
  • Each Software Flash must have been performed during a separate Service Visit6 and cannot have been performed as part of a recall program.
  • Once you submit a claim for a Transmission Hardware Replacement, as described below, this benefit is no longer available to you.

  1. A ONE-TIME $20 PAYMENT

If you are not eligible to receive other benefits under the Settlement, you may still be able to receive a $20 one-time payment if you attest to having taken your car in for a Transmission repair but was denied one by your Ford dealer. After the Final Fairness Hearing, the Claims Administrator will provide a form for submitting a claim for $20 payment on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx


  1. FORCED WARRANTY REPAIRS

As a Class Member, you may be eligible for compensation for repairs that should have been covered by warranty (breach of the New Vehicle Limited Warranty or its extensions). Such claims will be subject to Arbitration.

You must submit your claim to the Arbitration Administrator. The Arbitrator may order one of three (3) forms of compensation, if you win:

  • The repair of your PowerShift Transmission;
  • Reimbursement of what you already paid to repair your PowerShift Transmission; or
  • Issuance by Ford of an extended service plan for your car.

  1. REPLACEMENT CLUTCH FOR CERTAIN VEHICLES

Certain Class Members may be eligible for reimbursement of costs they paid related to multiple clutch replacements, in addition to an extended warranty on the last clutch installed, if all the following apply:

  • Your car was manufactured after June 5, 2013;
  • Two clutch replacements were performed within 5 years/60,000 miles of original delivery (to the first owner or lessee);
  • Your repair order for a third clutch replacement states the need for a new clutch;
  • The third clutch was replaced within 7 years/100,000 miles of original delivery; and
  • You paid out-of-pocket for the third clutch.

FAQs

  1. What is the lawsuit about?
  2. Why is there a settlement?
  3. What is the Settlement Class?
  4. How do I know if I am a Class Member?
  5. What if I own a Class Vehicle bud did not receive a Claim Form?
  6. What if I sold my Class Vehicle or returned my leased Class Vehicle?
  7. What if I am military serving overseas and took possession of my Class Vehicle outside the US?
  8. What does the settlement provide?
    1. What is the qualifying Service Visit?
    2. What is a Software Flash?
    3. What is a Transmission Hardware Replacement?
    4. Am I eligible for payments for Software Flashes/Updates?
    5. Am I eligible for payments for Transmission Hardware Replacements?
      1. What parts qualify as a Transmission Hardware Replacement?
    6. Am I eligible for payments for a repurchase?
  9. How do I make a claim?
  10. Who reviews and processes my claims?
  11. What documents do I need to support my claim?
  12. What if I misplaced my documentation of the repairs?
  13. Will this cost me anything?
  14. What if my claim is rejected?
  15. When will I get my payment?
  16. Do I have a lawyer in this case?
  17. Should I get my own lawyer?
  18. How will the lawyers, including Class Counsel, be paid?
  19. What if I don't like the Settlement terms?
  20. What happens if I don't want to participate?
  21. Can I sue Ford for the same thing later?
  22. If I did exclude myself, will I get anything from this Settlement?
  23. Where can I get more information?
  24. What is the Arbitration Program?
  25. What if the dealer refused to repair my vehicle when I took it in and complained about the transmission?
  26. What if I paid out-of-pocket for a repair that should have been covered by warranty?

  1. The lawsuit, entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), is a class action on behalf of consumers nationwide who purchased or leased a 2011 through 2016 Ford Fiesta and 2012 through 2016 Ford Focus equipped with Ford's dual clutch or "PowerShift" transmission ("Class Members"). It alleges, among other things, that Ford failed to disclose the fact that the PowerShift transmission contains one or more design and/or manufacturing defects that cause problems and unsafe conditions, including suddenly lurching forward, delayed acceleration, and sudden loss of forward propulsion. A class action settlement was finally approved by the Court on March 5, 2020 and became fully effective on April 7, 2020. Back to Top
  2. Rather than having the judge or a jury decide who should win this case, both sides agreed to this Settlement to avoid the uncertainty and costs of further litigation and to ensure that the Class obtains benefits. Back to Top
  3. The United States District Court for the Central District of California certified a group of consumers who will benefit from the Settlement. The "Class" on whose behalf this action was litigated and settled consists of owners and lessees of 2011 through 2016 Ford Fiestas and 2012 through 2016 Ford Focuses equipped with Ford's dual clutch or PowerShift automatic transmission ("Class Vehicles"). Back to Top
  4. You are a Class Member if you are a current or former owner or lessee of a Class Vehicle. Ford provided the Claims Administrator with the names and addresses of all Class Members, and mailed the court-approved Notice of the Settlement on July 7, 2017. Unless you filed a lemon law claim in court before that date, you should have received the Notice. Back to Top
  5. If you are a current or former owner or lessee of a Class Vehicle and did not receive a Notice in the mail by August 1, 2017, please contact the Claims Administrator at (844) 540-6011 or online at FordTransmissionSettlement.com to request a Notice. Back to Top
  6. Even if you sold or returned your Class Vehicle, you may still be eligible for Settlement benefits for repairs made to your car. If you are a former owner or lessee of a Class Vehicle who complained to Ford or a Ford-authorized dealership or other repair facility and did not receive a Notice in the mail, please contact the Claims Administrator at (844) 540-6011 or online FordTransmissionSettlement.com to request a Notice. Back to Top
  7. Even if you took possession of your Class Vehicle overseas while on active duty with the US military, you may still be eligible for Settlement benefits. If you have not received a Notice, please contact the Claims Administrator at (844) 540-6011 or online at FordTransmissionSettlement.com to request a Notice. Back to Top
  8. Class Members who submit a valid claim may be eligible to receive compensation in the form of cash payments, discount certificates, or a vehicle "buyback" (called a "repurchase/replacement"). The compensation for which you may qualify will depend on the type and number of claims you submit. The types of repairs for which you may be compensated subject include Software Flashes and Transmission Hardware Replacements that were performed on separate Service Visits.
    1. A qualifying "Service Visit" means a single visit made by a Class Member to a Ford Dealer within 7 years/100,000 miles of original delivery, whichever occurs first, to inspect and/or repair a problem related to the Class Member’s PowerShift transmission. Each visit will count as a separate Service Visit, even if it is for the same problem, unless the subsequent visits are for the express purpose of installing components that were ordered during the initial visit, in which case all will count as a single Service Visit.
    2. "Software Flash" means a firmware update or upgrade that affects your Transmission Control Module (TCM). See 8(d)(i).
    3. "Transmission Hardware Replacement" means one (1) of ten (10) qualifying transmission components. See 8(e)(i).
    4. If at least three (3) Software Flashes were performed on your car by an authorized Ford repair facility on separate Service Visits, you may be eligible for up to $600 in cash payments. Eligibility begins with the third Software Flash. Your repair order should identify a Software Flash by labor code. Software Flashes that were performed as part of recall or in conjunction with a Transmission Hardware Replacement do not qualify. If you submit a valid claim for compensation for a Transmission Hardware Replacement, you are no longer eligible for this benefit.
      1. 110333A 131102A 150090M 160109C 14M01DD
        110405A 131104A 150090N 160109D 14M01E
        110513A 131108A 150090P 160129A 14M01EE
        110513A 131109A 150090Q MT131102 14M01GG
        110902A 131110A 150120H R08101 14M01H
        110902A 140131A 150120L R08102 14M01L
        130405A 140131B 150120M R11021 14M01M
        130405B 140131C 150120N 14M01A 14M01N
        130405C 140131D 150120P 14M01AA 14M01P
        130405C 140131E 150120Q 14M01BB 14M01Q
        130904A 150017A 160044A 14M01C 14M02B
        130904B 150090H 160109A 14M01CC 14M02C
        130904C 150090L 160109B 14M01D 14M02D
    5. If at least three (3) Transmission Hardware Replacements were performed on your car by an authorized Ford repair facility on separate Service Visits, you are entitled to $200 for the 3rd visit, with an escalating payment for each additional visit. The maximum amount for cash payment is $2,325 for eight Service Visits (or $4,650 in discount certificates).
      1. The ten (10) parts that qualify as a “Transmission Hardware Replacement” are: (1) 7B546 Disc Asy-Clutch; (2) 7Z369 Control Mod Trans (TCM); (3) 7052 Oil Seal-Trans Rear; (4) 7000 Transmission Asy-Aut; (5) 7C604 Motor-Frt Clutch; (6) 7A508 Rod-Cl/Slave Cyl Pus; (7) 6K301 Seal/RetC/Shft Oil; (8) 7060 Shaft/Bshg Asy-Out; (9) 7048 Seal-Input Shaft Oil; and (10) 7515 Lever Asy-Clutch Rel. The number and description of each will be identified on your repair orders.
    6. A $20 one-time payment if you were denied a repair after complaining of a Transmission-related problem to your Ford dealer.
    7. A claim for a Vehicle Repurchase ("buyback") or Replacement will depend on the lemon law in the state where you took possession of your vehicle. If you qualify for this relief under your state’s lemon law, the statute of limitations has been extended under the Settlement up to six (6) years after original delivery (to the first owner or lessee). You may also be eligible for a Repurchase or Replacement if you qualify under the Settlement's default rule if:
      1. Your car is still malfunctioning;
      2. At least four (4) Transmission Hardware Replacements were performed, each during a separate Service Visit; and
      3. All the Transmission Hardware Replacements were performed within five (5) years or 60,000 miles of original delivery (to the first owner or lessee). Back to Top
  9. If you are a Class Member, you must fill out a valid claim form and submit it with the necessary documentation. Claim forms are available at FordTransmissionSettlement.com or by calling the Claims Administrator at (844) 540-6011. We encourage you to submit your claim(s) online. It's faster, and it's free. See also Claims Process. While claims are being accepted, claims will not be processed until after April 7, 2020. Do not expect payments until Summer of 2020 due to processing backlog and delays caused by COVID-19. Back to Top
  10. Claims for compensation relating to Software Flashes, Transmission Hardware Replacements, or denied repairs will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC). Claims for compensation relating to a repurchase/replacement or breach of New Vehicle Limited Warranty will be processed by the Arbitration Administrator, CAP-Motors (DeMars & Associates, Ltd.). Back to Top
  11. For each claim you submit, you will need to provide the Claims Administrator with at least the following information:
    1. The Vehicle Identification Number ("VIN");
    2. The date of the repair and your vehicle's mileage at the time of the repair;
    3. Whether the repairs were performed on the Class Vehicle within 7 years/100,000 miles of original delivery (to the first owner or lessee) (5 years/60,000 miles for Repurchase/Replacement under the Settlement Default rule);
    4. The name and address of the dealer that performed the repair;
    5. A description of the repair and services rendered; and
    6. Proof you owned the vehicle at the time of each repair on which your claim is based. Back to Top
  12. If you misplaced or lost one or more repair orders from an authorized Ford dealership or repair facility, contact that facility directly to see if they have a record of the repair in the system. You can also visit Ford's portal for owners for more information about your vehicle. Back to Top
  13. On March 5, 2020, the Court granted Class Counsel's fees and costs application for representing the Settlement Class. Ford will pay Class Counsel’s fees and costs, as well as to the Claims and Arbitration Administrators for administering claims under the Settlement. If you file a claim for repurchase/replacement or a breach of Ford's New Vehicle Limited Warranty, you may hire your own lawyer to represent you in Arbitration but will have to pay the attorney’s fees for breach of warranty claims. If you win your claim for a repurchase or replacement in arbitration, the arbitrator may award you up to $6,000 for attorneys' fees, which Ford will pay. If your claim is denied, you may be required to pay a fee to appeal the decision. Back to Top
  14. If your claim is rejected, the Claims Administrator will send you notice of the denial and an explanation by mail. If it was rejected because you failed to submit all the required documents, the Claims Administrator will give you one (1) opportunity to resubmit the claim within thirty (30) days. Back to Top
  15. Payments will be processed and issued by the Claims Administrator after April 7, 2020, when the Settlement takes legal effect. Back to Top
  16. Yes. The Court has appointed the law firm Capstone Law APC as the attorneys to represent you and other class members in this litigation. These attorneys are called "Class Counsel." In addition, the Court appointed the named plaintiffs to serve as the Class Representatives. They are class members like you. You can reach Class Counsel by calling (855) 310-9583. Back to Top
  17. You may hire a lawyer to represent you in the Settlement's Arbitration Program to obtain a buyback of your vehicle. See 24. Back to Top
  18. On March 5, 2020, the Court granted Class Counsel's request for attorneys' fees and expenses, as well as an award for each of the Class Representatives, which will be paid by Ford. If you hire a lawyer to represent you for a repurchase/replacement claim in the Settlement Arbitration Program and prevail, Ford may be required to pay that attorney's fees up to $6000. You will have to arrange costs and fees with your own lawyer if you hire someone to represent you in the Arbitration program for a breach of warranty claim or if Ford prevails on a repurchase/replacement claim. See 24. Back to Top
  19. If you did not exclude yourself from the Class by September 5, 2017, you are bound by the terms of the Settlement. Back to Top
  20. If you do not want to participate in the Class Settlement but did not opt out, you can simply choose not to submit any claim for benefits. However, you will remain be bound by its terms, including the Release, and all orders and judgments of the court. The Release means you cannot sue or be part of any other lawsuit against Ford for the claims or legal issues regarding the PowerShift transmission that this Settlement resolves. See 26. Back to Top
  21. No. You gave up any right to sue Ford for the claims this Settlement resolves if you did not exclude yourself. Back to Top
  22. No. If you excluded yourself ("opted out"), you are not a member of the Settlement Class and thus not eligible for its benefits.  Back to Top
  23. The Long Form notice summarizes the proposed Settlement. For the complete terms and conditions of the Settlement, please see the Settlement Agreement available here. If you have questions regarding the status of your claim(s), please call the Claims Administrator at (844) 540-6011 or visit www.FordTransmissionSettlement.com. For any other questions, please call Class Counsel at (855) 310-9583 or email info@fordpowershiftlawsuit.com. Back to Top
  24. If you seek a buyback of your vehicle, you must submit the claim through the Settlement’s Arbitration Program. Under the Program, an Arbitrator will determine whether Ford should repurchase or replace your Class Vehicle and/or whether Ford breached its New Vehicle Limited Warranty by failing to make certain repairs when requested. Among other benefits, Ford be ordered to pay up to $6000 in attorneys’ fees, if you hire an attorney to represent you for a repurchase/replacement claim and prevail. Please review the Arbitration Process for more details and restrictions. Back to Top
  25. If you still own your car and complained to an authorized Ford dealer about problems with your transmission while your car was still under the New Vehicle Limited Warranty, and you believe that the dealer wrongly refused to diagnose or repair your transmission, you may pursue a claim for Breach of Warranty in arbitration. Please be advised that such claims must be submitted within the statute of limitations for express warranty claims as determined by law of the state where you purchased your car(s). Back to Top
  26. If you still own your car and believe that a repair for which you had to pay out-of-pocket should have been covered by warranty, you may pursue a claim for Breach of Warranty in arbitration. Please be advised that such claims must be submitted within the statute of limitations for express warranty claims as determined by law of the state where you purchased your car(s). Back to Top

CLAIMS PROCESS

**The Settlement became effective on April 7, 2020. See the Settlement website for more information. Both this website and the Settlement website will be updated regularly as new information is available. Claims for cash payments (pre-paid card) or Vehicle Discount Certificates will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC).

Step 1


Step 2

Logon to the Online Claims Portal to complete your Claim Form OR complete your paper Claim Form, http://fordtransmissionsettlement.com/submit-a-claim.aspx.


Step 2(a)

If you intend to submit a claim for repurchase/replacement or breach of warranty, you must give direct notice to Ford at least ten (10) days before you submit the claim by calling (888) 260-4563 or by submitting the notice form available at https://kccsecure.com/fordtransmissionsettlement/Claimant/ArbitrationNoticeForm. If your claim is based on repair attempts, you must prepare and submit to the Arbitration Administrator a declaration attesting to the qualifying attempts. A sample template is available here, for informational purposes only.


Step 3

Upload your supporting documents on the Settlement website or attach hard copies of your supporting documents to your paper Claim Form and mail to:

Ford Transmission Settlement
P.O. Box 404000
Louisville, KY 40233-4000


Step 4

The Claims Administrator will review your submission to determine your eligibility.


Step 5

The Claims Administrator will contact you by mail regarding the status of your claim. If your claim is rejected because you failed to submit all the required documents, the Claims Administrator will give you one (1) opportunity to resubmit the claim within thirty (30) days.


Questions regarding the claims process should be directed to the Claims Administrator at www.FordTransmissionSettlement.com or by calling (844) 540-6011.

Questions regarding the eligibility for benefits may be directed to Class Counsel at (855) 310-9583 or info@fordpowershiftlawsuit.com.

HOW TO FILE A CLAIM FOR A VEHICLE BUYBACK

**Claims will begin processing as soon as practicable after April 7, 2020, the date on which the proposed Settlement becomes legally effective. Due to stay-at-home orders made in connection with COVID-19, there may be delays in processing. This page provides a summary of the process by which claims will be processed after the Approval Date and will be revised as needed. See the Settlement website for more information. Both this website and the Settlement website will be updated regularly as new information is available.

Claims for a vehicle buyback/repurchase by Ford or for any breach of Ford’s New Vehicle Limited Warranty will be processed through Arbitration Program. The Arbitration Administrator is CAP-Motors (the Consumer Arbitration Program for Motor Vehicles), administered by DeMars Associates, Ltd.

This summary is divided into two sections.

First is how to submit claims.

Second is what to expect once your claim has been submitted.

Deadline: Please be aware that you must submit a request for arbitration by either 6 years of delivery of your vehicle to the first retail customer, or October 5, 2020, whichever is earlier. That means that you have a vehicle with the model year from 2011-2014, you should file a request for arbitration by October 5, 2020. For those with later year models, please check and see when the vehicle was delivered to the first retail customer. You have six years from that date to file a request for arbitration. If you do not know, you should aim for the October 5, 2020 deadline to ensure that you are not time-barred.


How to Submit Claims for a Vehicle Repurchase or Express Warranty

Step 1

Gather the documents you need to support your claim (e.g. proof of ownership, repair orders). See FAQ #11.


Step 2

At least ten (10) days before you submit the claim, give direct notice to Ford of your intent to proceed to arbitration by calling (888) 260-4563 or submitting the notice form online. A downloadable version is also available here.1 You will be asked if you are represented by an attorney and, if you are, whether you want Ford to contact you or your attorney.

Ford may contact you during the 10-day notice period to offer to informally resolve your claim. If you accept Ford's offer, you will no longer be able to pursue your repurchase claim.


Step 3

After the 10-day notice period has passed, logon to the Arbitration Administrator's Online Claims Portal or complete your paper Claim Form, which will be available at www.FordTransmissionSettlement.com or ConsumerArbitrationProgram.com. Upload your supporting documents on the Arbitration Administrator’s website or attach hard copies of your supporting documents to your paper Claim Form and mail to:


CAP-Motors
c/o DeMars & Associates, Ltd.
Attn: Kyle Morris / Staci Fordinal
P.O. Box 925
Haslet, TX 76052-0925


What to Expect after Submitting your Claim:

Step 1

When you submit your claim, you will be asked to select how you want the arbitration to proceed. You may select a document-only review of your claim or a hearing via WebEx (online), via telephone, or in-person. If you choose a review by hearing, oral presentations are allowed in addition to the documents submitted.


Step 2

The Arbitration Administrator will review your submission and contact you regarding the eligibility of your claim.

If your submission is deemed incomplete or your claim is deemed ineligible because it doesn’t qualify for a repurchase/replacement, the Arbitration Administrator will notify you in writing.

You will have thirty (30) days to correct any deficiencies or appeal the decision.


Step 3

If you choose a review by hearing, the Arbitrator will schedule the hearing and notify you of the date, time, and location (at least two weeks’ notice is required for an in-person hearing).

The Arbitration Administrator may contact you to extend the time to schedule the hearing. For example, the time may be extended by ten (10) days if you failed to provide direct notice to Ford at least ten (10) days prior to submitting your claim. It may also be extended if you failed to submit all required paperwork in support of your claim. Finally, the time may be extended for up to thirty (30) days if the Arbitrator requests additional information regarding your claim, including a vehicle inspection.

The Arbitration Administrator may contact you to schedule an independent vehicle inspection by an Automotive Service Excellence (ASE) certified technician a vehicle inspection, to be performed ten (10) days before the review of your documents or your arbitration hearing.

Alternatively, you may request that your vehicle be inspected before the hearing, the neutral inspection to be arranged by CAP-Motors and paid for by Ford.


Step 4

You must complete a Pre-Arbitration Hearing Information Form and submit it to the Arbitration Administrator at least seven (7) days before your hearing. If you will be represented by an attorney, you must provide your attorney’s information on the form.


Step 5

The Arbitrator assigned to your claim will review your documents, if you select a documents-only review, or hold the hearing online, by phone, or in person, which you must attend.

If you select a hearing, all documents that you would like the Arbitrator to review must be submitted no later than seven (7) days before your hearing. If you plan to call witnesses, you must submit a written list of their names at least five (5) days before your hearing.


Step 6

If you select an in-person hearing, you must bring your car, if it is still in your possession, and provide proof of insurance. If your car is not safe to drive or is not operational, tell the Arbitration Administrator before your in-person hearing and explain why it’s not available for inspection.

You must attend at the time and place noticed. Please bring copies of all documents originally submitted in support of your claim. If you fail to attend, Ford may still be allowed to argue its case against repurchase/replacement. If you select a documents-only review, you may submit photos and videos. The Arbitrator may also request a vehicle inspection prior to reviewing your documents.


Step 7

The Arbitrator may request additional documents after your hearing, which you will be asked to submit to the Arbitration Administrator.


Step 8

When all evidence has been submitted, including for a document-only review, the Arbitrator will declare the arbitration closed.


Step 9

The Arbitrator will inform you in writing by first-class mail of his or her decision (it will take at least ten (10) days after the arbitration is closed).

The entire process from submission of your claim for arbitration to decision should take no more than forty (40) days, excluding any extensions for additional information or to cure deficiencies in the original submission.


Step 10

Within thirty (30) days, you must sign the form provided stating that you accept the Arbitrator’s decision and return it to the Arbitration Administrator. Ford will have thirty (30) days from the date the Arbitration Administrator receives your acceptance to comply with the Arbitrator's award.

You may appeal the Arbitrator’s decision regarding a claim for repurchase2, but you are responsible for the additional fees incurred. Ford will reimburse you if you win the appeal.

Questions regarding claims for repurchase/replacement or breach of Ford's New Vehicle Limited Warranty should be directed to the Arbitration Administrator at ConsumerArbitrationProgram.com or by calling (800) 279-5343.

Questions regarding eligibility for benefits may also be directed to Class Counsel at (855) 310-9583 or info@fordpowershiftlawsuit.com.



1 Please be patient. Claims will not be processed until after April 7, 2020.
2 Appeals will be heard by JAMS, a neutral third-party, and not by the Arbitration Administrator.

Who Are The Lawyers?

At Capstone Law APC, we believe that employees should be treated fairly, consumers should get what they pay for, and rights should be protected even when someone cannot afford a lawyer. Capstone Law seeks to represent employees, consumers and investors across the country in litigation involving labor and workplace rights, privacy laws, automobile and other product defects, consumer protection, false advertising or other deceptive trade practices, and securities fraud.

Capstone’s attorneys understand the tactics that well-financed defendants use to shield themselves from responsibility. In fact, a number of our attorneys previously worked for large national law firms and graduated from top law schools, including Harvard, University of Michigan, UCLA, and USC. Capstone Law has the talent, experience, financial resources and depth of knowledge to successfully litigate the most complex and challenging cases against the country’s largest corporations when they ignore labor laws and workplace protections, make deceptive claims, violate privacy protections, or sell defective products and services.

Our law firm is organized into four main practice areas – Labor & Employment, Consumer Rights, Automotive Defects, and Securities Fraud. We also maintain departments for Mass Actions and Appeals & Complex Motions. Our firm pursues cases in California state and federal courts, as well as in courts around the nation. We also pursue our clients’ claims in arbitration and before administrative agencies. Whatever the forum or venue, Capstone Law invests the time and resources necessary to vigorously prosecute its cases.

As part of our commitment to social justice, our firm supports public policy, educational campaigns and legislative efforts to secure and expand the rights of consumers and working people. The firm also publishes the Impact Litigation Journal, a running commentary on important legal developments in the area of representative actions and other complex litigation.

Please call us at (866) 955-5890.

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Important Dates

Deadline to Submit for Cash Payments

October 5, 2020 (for Service Visits made before April 7, 2020)

180 Days After Service Visit (for Service Visits made after April 7, 2020)

If you have had three or more Service Visits for hardware repairs, software flashes, or had a refused repair before April 7, 2020 (see Summary of Benefits), you should submit a claim by October 5, 2020. Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

All other claims must be submitted to the Claims Administrator within 180 days from the last repair or attempt that qualifies for benefits. See the FAQs section for other restrictions and limitations.

Buyback Program

Begins April 7, 2020

Deadline to file a request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for at least six years: November 4, 2020. This means you must file a Notice of Intent to Arbitrate (which gives Ford a 10 day notice) by October 25, 2020.

Deadline to request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for less than six years: six years from the delivery of your vehicle to the first retail owner. (Submit a Notice of Intent to Arbitrate 10 days before that deadline.)

Final Approval Granted and Judgment Entered

March 5, 2020

The Court finally approved the Amended Settlement and entered judgment on March 5, 2020, following a second final fairness hearing on February 28, 2020. This makes the "Effective Date" April 7, 2020.

Opt Out & Objection Deadline

September 5, 2017

If you mailed a valid request for exclusion on or before September 5, 2017, you are not a member of the Settlement Class and thus not eligible for its benefits.

Notice Mailed to Class Members

July 7, 2017

The Claims Administrator sent the short form Notice of Settlement to Class Members via first-class mail on July 7, 2017.

Class Action Settlement

Ford Focus and Fiesta Powershift
Transmission Settlement

What’s The Case About?

Where to go:

  • Buyback claims. To learn more about having an attorney from Capstone Law APC represent you in an arbitration for a buyback under the settlement, please go here.
  • Status of your claim. If you already filed a claim, please email the Court-approved claims administrator at: ClaimUpdate@FordTransmissionSettlement.com.
  • Submit a claim. If you have your documents and are ready to submit your claim, please visit the claims portal on the settlement website.
  • Learn more about the settlement benefits. Click on the tabs on the left to learn more, or visit the FAQ section on the settlement website.

What is this lawsuit about?

Our firm, Capstone Law APC, is litigating a lawsuit on behalf of a class of consumers nationwide who purchased or leased a 2011 through 2016 Ford Fiesta and 2012 through 2016 Ford Focus equipped with Ford's Dual Clutch or "PowerShift" Transmission. The lawsuit, entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), has been resolved by a proposed settlement that was preliminarily approved by the United States District Court for the Central District of California, on April 25, 2017 ("the Settlement").

If you purchased or leased a 2011-2016 Ford Fiesta or a 2012-2016 Ford Focus with a PowerShift Transmission (the "Class Vehicles"), you may be entitled to obtain benefits provided by the Settlement and the Orders of the Court.


What is the current status of the Settlement?

On March 5, 2020, the Court finally approved the amended settlement and entered judgment. Claims will be processed and payments distributed after the Effective Date of April 7, 2020.


What are the cash payments provided under the Settlement?

The settlement offers three types of cash payments.

If you have had three or more Service Visits (to Ford dealers) and received a qualifying transmission hardware repair, you are eligible to receive $200 starting with the third visit, another $275 for your fourth visit ($475 in total cash received), up to a cumulative $2,325 for eight visits.

If you have had three or more Service Visits where you received a Software Flash (including updates to your transmission control module), you may receive $50 starting with the third visit, and another $50 for each additional visit until you have received $600.

If you had a transmission repair refused by a Ford dealer, you may receive a one-time payment of $20 if you attest to those facts.


What are the deadlines for filing a claim for cash payments?

There are two deadlines depending on when you made your Service Visits or had a repair request refused.  For Service Visits/refused repairs that occurred before the Effective Date of April 7, 2020, the postmark deadline for filing your claim is October 5, 2020. The postmark deadline for Service Visits/refused repairs after April 7, 2020 is 180 days after the date of your Service Visit to the dealer.

Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

We encourage you to seek repairs for your Class Vehicle if you continue to experience transmission malfunctions. Class Members remain eligible for benefits and may submit claims for up to 7 years / 100,000 miles from delivery to the first customer, whichever comes first.


How do I submit a claim for a buyback?

The settlement's most valuable relief is a buyback of your vehicle. If you qualify under your state's lemon law (see lemon law resources tab for more), or if you have had 4 Service Visits for transmission hardware repairs within 5 years or 60,000 miles (whichever comes first), you can receive a buyback. Buybacks typically range from $15,000-$22,000. You may be eligible to receive a buyback even if you no longer possess your vehicle.

To start the process to receive a buyback, follow the directions provided here: https://consumerarbitrationprogram.com/submitclaim/.

Ford will have ten days upon receiving your Notice of Intent to Arbitrate to respond. Ford may offer to provide a buyback directly. (Absent unusual circumstances, you should accept the buyback offer.) After ten days, if you do not receive a buyback offer (or reject the offer), you can proceed to the arbitration program, which is akin to a mini-trial. The program is administered by CAP-Motors, an independent entity vetted by us and Ford, and a neutral arbitrator will review your claims and make a determination as to whether you qualify for a buyback.


What is the deadline for submitting a buyback claim?

All Class Members have until at least October 25, 2020 to file a request to arbitrate and until November 4, 2020 to file a request to arbitrate. After that, you have until 6 years of the date of delivery of the vehicle to the first owner to file a request to arbitrate.

As a rule of thumb, we suggest that all current and former owner/lessees of a 2011-2014 Ford Focus or Fiesta who qualify for a buyback submit a notice of intent to arbitrate by November 4, 2020 (which requires sending a Notice of Intent to Arbitrate by October 25, 2020). Current or former owners/lessees of 2015-2016 Class Vehicles should submit a Notice of Intent to Arbitrate at least 10 days before your deadline to file your request to arbitrate, which is 6 years of the date of delivery to the first retail owner. Whether to file for the buyback program should be reviewed first with class counsel.

Information is also provided on the right-hand corner of this page.


What are my rights as a Class Member?

Class Members may be entitled to receive money or other benefits that the Settlement provides. This means that if you did not opt out or otherwise exclude yourself from the Class, you are bound by these results and can no longer sue Ford separately for the same legal claims or claims related to the legal claims alleged in this lawsuit.

If you are a Class Member, you may now submit claims for benefits, but please be aware that claims cannot be processed or paid, and no arbitrations can take place, until the Effective Date. Claim forms and other information about the claims process are available at www.FordTransmissionSettlement.com or by calling (844) 540-6011.


What are the other benefits provided by the Settlement?

If you paid for a repair to you PowerShift Transmission that you think should have been covered by warranty, you may be entitled to reimbursement or you may compel Ford to make a repair.

If your vehicle was manufactured after June 5, 2013, and two or more clutch replacements were performed on your vehicle under warranty and you had to pay for a clutch replacement after warranty, you may be entitled to reimbursement.

For more detail, please refer to the FAQ and Summary of Benefits tabs on the left.


What is the advantage of seeking a buyback through the settlement rather than through court?

The settlement has created a faster process for getting a buyback. It typically takes 2 to 3 months from the time you file your claim to get an arbitration award for a buyback. Your buyback claim will be decided by an independent arbitrator affiliated with CapMotors (a service unconnected with Ford or class counsel that the parties selected after careful evaluation). While Ford is obligated to pay for the arbitration services and the arbitrator's fees under the settlement, the arbitrator is independent and follows rules negotiated by class counsel. The plaintiffs seeking a repurchase in court has been waiting for over 2 years for relief.

Everyone who qualifies for a buyback in court under state law can also get a buyback under the settlement. While some class members may also seek and obtain other relief besides a buyback, if your only claim is for a buyback, you will likely not see any benefit to being in court.

But the settlement's arbitration program has several other advantages over a court action. First, former owners/lessees can get a buyback if their state law allows for it, or even if they can show that they had 4 repairs within 5 years/60,000 miles. Second, class members have up to 6 years of the vehicle’s first purchase or 6 months of the final approval order to get a buyback. If you are not a class member, your claim for a buyback may have already expired because there is a short time to seek a buyback in court. Third, class members may get a buyback even if they do not qualify for one under state law. If a class member meets the settlement-created standard, 4 repairs within 5 years/60,000 miles (and the car continues to malfunction), they get a buyback. A lot of class members would otherwise quality to get a buyback under the settlement.

As of December 31, 2019, Ford has already paid over $47.4 million for buyback claims.


What are the new terms as part of the Amended Settlement?

An amended class settlement was reached between Plaintiffs, Ford, and objecting class members to provide for some additional benefits to the class after a mediation of the parties on December 9, 2019. Most of the current structure and benefits remained in place, but the amended settlement now provides for a $20 one-time payment for class members who were denied repairs, changes so that will make it easier for former owners/lessees to get a buyback in arbitration, and the creation of a $30 million minimum guarantee for the cash payments.


What if a Ford dealer turned me away from getting a Transmission repair?

You can receive a one-time payment of $20 if you submit a claim documenting that you were turned away from getting a repair.

Important Dates

Deadline to Submit for Cash Payments

October 5, 2020 (for Service Visits made before April 7, 2020)

180 Days After Service Visit (for Service Visits made after April 7, 2020)

If you have had three or more Service Visits for hardware repairs, software flashes, or had a refused repair before April 7, 2020 (see Summary of Benefits), you should submit a claim by October 5, 2020. Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

All other claims must be submitted to the Claims Administrator within 180 days from the last repair or attempt that qualifies for benefits. See the FAQs section for other restrictions and limitations.

Buyback Program

Begins April 7, 2020

Deadline to file a request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for at least six years: October 5, 2020. This means you must file a Notice of Intent to Arbitrate (which gives Ford a 10 day notice) by September 25, 2020.

Deadline to request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for less than six years: six years from the delivery of your vehicle to the first retail owner. (Submit a Notice of Intent to Arbitrate 10 days before that deadline.)

Final Approval Granted and Judgment Entered

March 5, 2020

The Court finally approved the Amended Settlement and entered judgment on March 5, 2020, following a second final fairness hearing on February 28, 2020. This makes the "Effective Date" April 7, 2020.

Opt Out & Objection Deadline

September 5, 2017

If you mailed a valid request for exclusion on or before September 5, 2017, you are not a member of the Settlement Class and thus not eligible for its benefits.

Notice Mailed to Class Members

July 7, 2017

The Claims Administrator sent the short form Notice of Settlement to Class Members via first-class mail on July 7, 2017.

LEMON LAW RESOURCES AVAILABLE ONLINE?

Click on the state where you bought your vehicle. That link will take you to information on your state's lemon law.

*This page is for informational use only and cannot be construed as legal advice.1 You should consult a lemon lawyer of your state if you have specific legal questions or contact us for a referral.


Alabama:

  • Information about Alabama's lemon law, Ala. Code 1975 §§ 8-20A-1 - 8-20A-6, is provided by the Department of Revenue.

Alaska:

Arizona:

  • Information about Arizona's lemon law, "Motor Vehicle Warranties" - Ariz. Rev. Stat. §§ 44-1261 - 44-1267, is provided by the office of the Attorney General.

Arkansas:

  • Information about Arkansas' lemon law, "New Motor Vehicle Quality Assurance Act" – A.C.A. §§ 4-90-401 through 4-90-417, is provided by the Department of Finance and Administration and the Office of the Attorney General.

California:

  • Information about California’s lemon law, “Song-Beverly Consumer Warranty Act” – Cal. Civ. Code §§ 1790 – 1795.8, is provided by the office of the Attorney General, including a link to the consumer guide published by the Department of Consumer Affairs.

Colorado:

  • Information about Colorado's lemon law, "Motor Vehicle Warranties" – C.R.S.A. §§ 42-10-101 through 42-10-107, is provided by the Department of Revenue, including a fact sheet.

Connecticut:

  • Information about Connecticut's lemon law, "New Automobile Warranties" – C.G.S.A. §§ 42-179 – 42-184, is provided by the Department of Consumer Protection.

Delaware:

District of Columbia:

  • Information about DC's lemon law, "Automobile Consumer Protection" – DC ST §§ 50-501 – 50-510, is provided by the office of the Attorney General.

Florida:

  • Information about Florida's lemon law, "Motor Vehicle Warranty Enforcement Act" – F.S.A. §§ 681.10 – 681.118, is provided by the office of the Attorney General.

Georgia:

Hawaii:

  • Information about Hawaii's lemon law, "Motor Vehicle Express Warranty Enforcement (Lemon Law)" – HRS §§ 481I-1 - 481I-4, is provided by the Department of Commerce and Consumer Affairs, including a fact sheet and a consumer guide.

Idaho:

  • Information about Idaho's lemon law, "New Motor Vehicle Warranties" – I.C. §§ 48-901 – 48-913, is provided by the office of the Attorney General.

Illinois:

  • Information about Illinois' lemon law, "New Vehicle Buyer Protection Act" – 815 ILCS 380/1 - 380/8, is provided by the office of the Attorney General.

Indiana:

  • Information about Indiana's lemon law, "Motor Vehicle Protection" – IC 24-5-13-1 - 24-5-13-24, is provided by the office of the Attorney General, including a fact sheet.

Iowa:

  • Information about Iowa's lemon law, "Defective Motor Vehicles (Lemon Law)" – I.C.A. §§ 322G.1 – 322G.15, is provided by the office of the Attorney General.

Kansas:

  • Information about the Kansas lemon law, K.S.A. 50-645 and 50-646, is provided by the office of the Attorney General.

Kentucky:

  • Information about Kentucky's lemon law, "Defective New Cars" - KRS §§ 367.840-846 (Lemon Law) and KRS §§ 367.860-870 (Informal Dispute Resolution System), is provided by the office of the Attorney General.

Louisiana:

  • Information about Louisiana's lemon law, "Motor Vehicle Warranties" - RS 51:1941 – RS 51:1948, is provided by the Motor Vehicle Commission.

Maine:

  • Information about the Maine lemon law, 10 M.R.S.A §§ 1161-1169, is provided by the office of the Attorney General, including a consumer guide.

Maryland:

  • Information about Maryland's lemon law, "Automotive Warranty Enforcement Act" – MD Code, Commercial Law §§ 14-1501 – 1504, is provided by the office of the Attorney General.

Massachusetts:

  • Information about Massachusetts' lemon law, "Motor Vehicles and Aircraft” – M.G.L. c. 90 §§ 7N – 7N1/2, is provided by Consumer Affairs and Business Regulation.

Michigan:

  • Information about Michigan's Lemon Law is provided by the Department of Attorney General.

Mississippi:

  • Information about Mississippi’s lemon law, "Motor Vehicle Warranty Enforcement Act" – Miss. Code Ann. §§ 63-17-151 - 63-17-165, is provided by the office of the Attorney General, including a consumer guide.

Missouri:

  • Information about Missouri's lemon law, "New Motor Vehicle Warranties, Nonconformity (Lemon Law)" – V.A.M.S 407.506 - 407.579, is provided by the office of the Attorney General, including a consumer guide.

Montana:

  • Information about Montana’s lemon law, "New Motor Vehicle Warranty Act" – MCA §§ 61-4-501 – 61-4-533, is provided by the office of Consumer Protection.

Nebraska:

  • Information about Nebraska's lemon law, "Manufacturer's Warranty Duties" – Neb.Rv.St. §§ 60-2701 – 60-2709, is provided by the DMV.

Nevada:

  • The text of Nevada's lemon law, "Repairs to Conform to Express Warranties" – N.R.S. 597.600 – 597.688, can be found here.

New Hampshire:

  • Information about New Hampshire's lemon law, "New Motor Vehicle Arbitration (Lemon Law)" – N.H. Rev. Stat. §§ 357-D:1 – 357-D:12, is provided by the office of the Attorney General, including a consumer guide.

New Jersey:

  • Information about New Jersey's lemon law, "Consumer Contracts (Motor Vehicle Lemon Law)" – N.J.S.A 56:12-29 - 56:12-49, is provided by the Division of Consumer Affairs.

New Mexico:

  • You can request more information about New Mexico's lemon law, "Motor Vehicle Quality Assurance Act" – N.M.S.A 1978 §§ 57-16A-1 – 57-16A-9, by contacting the office of the Attorney General.

New York:

  • Information about New York’s Lemon Law, N.Y. Gen. Bus. Law §§ 198-a and 198-b (McKinney), is provided by the Office of the Attorney General, including a fact sheet and a "Consumer Bill of Rights."

North Carolina:

  • Information about North Carolina’s lemon law, "New Motor Vehicles Warranties Act" – N.C.G.S.A. §§ 20-351 - 20-351.11, is provided by the office of the Attorney General.

North Dakota:

  • Information about North Dakota's lemon law, "Lemon Law" - N.D.C.C. 51-07-16 – 51-07-22, is provided by the office of the Attorney General.

Ohio:

  • Information about Ohio's lemon law, "Motor Vehicles with Warranty Nonconformities" – R.C. §§ 1345.71 – 1345.78, is provided by the office the Attorney General.

Oklahoma:

  • Information about Oklahoma's lemon law, "Consumer Protection Act" - 15 Okl.St.Ann. §§ 751 - 754 and "Manufacturer Warranties" – 15 Okl.St.Ann. §§ 901 – 901.1, is provided by the office of the Attorney General.

Oregon:

  • Information about Oregon's lemon law, "Enforcement of Express Warranties on New Motor Vehicles" - O.R.S. §§ 646A.400 - 646A.418, is provided by the office of Consumer Protection.

Pennsylvania:

  • Information about Pennsylvania’s lemon law, "Automobile Lemon Law" – 73 P.S. §§ 1951 – 1963, is provided by the Department of Transportation.

Rhode Island:

  • Information about Rhode Island's lemon law, "Consumer Enforcement of Motor Vehicle Warranties" – Gen.Laws 1956 §§ 31-5.2-1 - 31-5.2-14, is provided by the office of the Attorney General.

South Carolina:

  • Information about South Carolina's lemon law, "Enforcement of Motor Vehicles Express Warranties" – Code 1976 §§ 56-28-10 – 56-28-110, is provided by the Department of Consumer Affairs.

South Dakota:

  • Information about South Dakota's lemon law, "Manufacturer’s Warranty" – SDCL § 32-6D-1 - 32-6D-11, is provided by the office of the Attorney General.

Tennessee:

  • Information about Tennessee's lemon law, "Motor Vehicle Warranties" – T.C.A. §§ 55-24-101 - 55-24-101, is provided by the Department of Commerce and Insurance.

Texas:

  • Information about Texas' lemon law, "Warranties: Rights of Vehicle Owners" – V.T.C.A., Occupations Code § 2301.601 - 2301.613, is provided by the Department of Motor Vehicles.

Utah:

  • Information about Utah's lemon law, "New Motor Vehicle Warranties Act" – U.C.A. 1953 §§ 13-20-1 - 13-20-8, is provided by the Department of Commerce Division of Consumer Protection.

Vermont:

  • Information about Vermont's lemon law, "New Motor Vehicle Arbitration" – 9 V.S.A. §§ 4170 – 4181, is provided by the Department of Motor Vehicles, including a consumer guide.

Virginia:

Washington:

  • Information about Washington's lemon law, "Motor Vehicle Warranties" – RCWA 19.118.005 - 19.118.904, is provided by the office of the Attorney General, including a consumer guide.

West Virginia:

  • The text of West Virginia's lemon law, "Consumer Protection – New Motor Vehicle Warranties" – W. Va. Code, §§ 46A-6A-1 - 46A-6A-9, is available here.

Wisconsin:

  • Information about Wisconsin's lemon law, "Motor Vehicle Dealers; Salespersons; Sales Finance Companies" – W.S.A. 218.0171, is provided by the Department of Transportation.

Wyoming:

  • The text of Wyoming's lemon law, "Motor Vehicles" – W.S.1977 §§ 40-17-101 - 40-17-102, is available here.

1 While we have made every attempt to ensure that the information contained on this page has been obtained from reliable sources, Capstone Law APC is not responsible for any errors or omissions or for the results obtained from the use of this information. Links on this page are to other websites maintained by third parties over whom Capstone Law APC has no control, and Capstone Law APC makes no representations as to the accuracy or any other aspect of information contained therein.

What Laws Protect Me?

California law provides various protections and rights to employees in the state in the areas of wrongful termination, workplace harassment, and regarding wage issues like overtime, minimum wages, meal breaks, vacation pay, and other issues related to compensation. You can find a more detailed description of various rights organized below by subject.

Important Dates

Deadline to Submit for Cash Payments

October 5, 2020 (for Service Visits made before April 7, 2020)

180 Days After Service Visit (for Service Visits made after April 7, 2020)

If you have had three or more Service Visits for hardware repairs, software flashes, or had a refused repair before April 7, 2020 (see Summary of Benefits), you should submit a claim by October 5, 2020. Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

All other claims must be submitted to the Claims Administrator within 180 days from the last repair or attempt that qualifies for benefits. See the FAQs section for other restrictions and limitations.

Buyback Program

Begins April 7, 2020

Deadline to file a request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for at least six years: October 5, 2020. This means you must file a Notice of Intent to Arbitrate (which gives Ford a 10 day notice) by September 25, 2020.

Deadline to request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for less than six years: six years from the delivery of your vehicle to the first retail owner. (Submit a Notice of Intent to Arbitrate 10 days before that deadline.)

Final Approval Granted and Judgment Entered

March 5, 2020

The Court finally approved the Amended Settlement and entered judgment on March 5, 2020, following a second final fairness hearing on February 28, 2020. This makes the "Effective Date" April 7, 2020.

Opt Out & Objection Deadline

September 5, 2017

If you mailed a valid request for exclusion on or before September 5, 2017, you are not a member of the Settlement Class and thus not eligible for its benefits.

Notice Mailed to Class Members

July 7, 2017

The Claims Administrator sent the short form Notice of Settlement to Class Members via first-class mail on July 7, 2017.

Who Are The Lawyers?

At Capstone Law APC, we believe that employees should be treated fairly, consumers should get what they pay for, and rights should be protected even when someone cannot afford a lawyer. Capstone Law seeks to represent employees, consumers and investors across the country in litigation involving labor and workplace rights, privacy laws, automobile and other product defects, consumer protection, false advertising or other deceptive trade practices, and securities fraud.

Capstone’s attorneys understand the tactics that well-financed defendants use to shield themselves from responsibility. In fact, a number of our attorneys previously worked for large national law firms and graduated from top law schools, including Harvard, University of Michigan, UCLA, and USC. Capstone Law has the talent, experience, financial resources and depth of knowledge to successfully litigate the most complex and challenging cases against the country’s largest corporations when they ignore labor laws and workplace protections, make deceptive claims, violate privacy protections, or sell defective products and services.

Our law firm is organized into four main practice areas – Labor & Employment, Consumer Rights, Automotive Defects, and Securities Fraud. We also maintain departments for Mass Actions and Appeals & Complex Motions. Our firm pursues cases in California state and federal courts, as well as in courts around the nation. We also pursue our clients’ claims in arbitration and before administrative agencies. Whatever the forum or venue, Capstone Law invests the time and resources necessary to vigorously prosecute its cases.

As part of our commitment to social justice, our firm supports public policy, educational campaigns and legislative efforts to secure and expand the rights of consumers and working people. The firm also publishes the Impact Litigation Journal, a running commentary on important legal developments in the area of representative actions and other complex litigation.

Please call us at (866) 955-5890.

Important Dates

Deadline to Submit for Cash Payments

October 5, 2020 (for Service Visits made before April 7, 2020)

180 Days After Service Visit (for Service Visits made after April 7, 2020)

If you have had three or more Service Visits for hardware repairs, software flashes, or had a refused repair before April 7, 2020 (see Summary of Benefits), you should submit a claim by October 5, 2020. Claim forms remain available at www.fordtransmissionsettlement.com/submit-a-claim.aspx or by calling the Claims Administrator at (844) 540-6011.

All other claims must be submitted to the Claims Administrator within 180 days from the last repair or attempt that qualifies for benefits. See the FAQs section for other restrictions and limitations.

Buyback Program

Begins April 7, 2020

Deadline to file a request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for at least six years: October 5, 2020. This means you must file a Notice of Intent to Arbitrate (which gives Ford a 10 day notice) by September 25, 2020.

Deadline to request to arbitrate for former or current owners/lessees of Class Vehicles that have been on the road for less than six years: six years from the delivery of your vehicle to the first retail owner. (Submit a Notice of Intent to Arbitrate 10 days before that deadline.)

Final Approval Granted and Judgment Entered

March 5, 2020

The Court finally approved the Amended Settlement and entered judgment on March 5, 2020, following a second final fairness hearing on February 28, 2020. This makes the "Effective Date" April 7, 2020.

Opt Out & Objection Deadline

September 5, 2017

If you mailed a valid request for exclusion on or before September 5, 2017, you are not a member of the Settlement Class and thus not eligible for its benefits.

Notice Mailed to Class Members

July 7, 2017

The Claims Administrator sent the short form Notice of Settlement to Class Members via first-class mail on July 7, 2017.

Privacy Policy

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We collect information from you when you fill out our contact form.

When contacting us via our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.

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Any of the information we collect from you may be used in one of the following ways:

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We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

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We use cookies to help us remember and process registrations, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can hideer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

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We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

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This online privacy policy applies only to information collected through our website and not to information collected hideline.

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Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.

www.CapstoneLawyers.com
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Email: info@capstonelawyers.com
Phone: 1-310-556-4811

Disclaimer

The information on this site has been created by Capstone Law APC for informational purposes only, and is not, nor is it intended to be, legal advice. Online readers should not act, or decline to act, based on content from this site without first consulting an attorney or other appropriate professional. Capstone Law APC does not seek to represent any individual based solely on that individual’s visit to this website.

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The attorneys at Capstone Law APC are licensed to practice in the State of California. Capstone Law APC maintains their law office in Los Angeles, California and practices law in the State of California in state and federal courts. We partner with local counsel when needed in litigation outside California.

BASIC INFORMATION REGARDING THE CLASS SETTLEMENT

You are a Class Member if:

  1. You are a current or former owner or lessee of a 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a dual-clutch DPS6 or "PowerShift" automatic transmission ("PowerShift Transmission"); and
  2. You do not have a currently pending lawsuit against Ford alleging problems with the PowerShift Transmission.

There are several types of compensation available to qualifying Class Members, including (1) Vehicle Repurchase; (2) Cash Payments for Transmission Hardware Replacements; (3) Cash Payments for Software Flashes; and (4) Compensation for Warranty Repairs. Cash payments will be made by pre-paid card.

Claims for the qualifying repairs or repair attempts described below, performed by an authorized Ford dealer or repair facility while you owned or leased the vehicle, will be accepted for up to seven years or 100,000 miles from your vehicle's original sale or lease, whichever is earlier.

If your repair was made before the Effective Date (projected to be April or May 2020), you must submit your claim within 180 days of the Effective Date. If your repair was made after the Effective Date, you must submit your claim within 180 days of the repair.


CLASS MEMBER BENEFITS

  1. BUYBACK/REPURCHASE

As a Class Member, you may be eligible for the repurchase or replacement ("buyback") of your car by Ford. Claims for this benefit may depend on your state's "lemon law." Such claims will processed through an expeditious arbitration process. The arbitration administrator, Cap-Motors, was chosen jointly by class counsel and Ford after a careful vetting and is completely neutral.

How to Submit a Claim. Before you can claim this relief, you must provide Ford with written notice of your intention to do so at least ten (10) days before you submit your claim. The process can be started at www.consumerarbitrationprogram.com.


Settlement Buyback Standard. Even if you are not eligible under your state's lemon law, you may be eligible under the Settlement's fallback rule if:

  • At least four Transmission Hardware Replacements were performed during separate Service Visits;
  • All four Transmission Hardware Replacements were performed within five years or 60,000 miles of original delivery to the first owner or lessee; and
  • Your car is still malfunctioning.

Former owners/lessees can qualify for a buyback under this standard if their state law does not permit it.

Extension of the statute of limitations. For Class Members who seek a repurchase, you have until 6 years from first sale, or 180 days from the Effective Date (whichever is later), to submit a claim. As a practical matter, every Class Member who may have a viable buyback claim should do so within 180 days of the Effective Date (or by approximately October or November 2020).

Attorneys' fees. For class members who prevail in arbitration, the settlement provides that Ford pay up to $6,000 in reasonable attorneys' fees.

Civil Penalties. An arbitrator may award civil penalties if the applicable state law provides for it, and if it can be demonstrated that Ford knows of its obligation to provide a buyback under state lemon law and failed to do so.

Appeal. You may appeal an arbitrator's award at your own expense. The appeal will be heard by another arbitrator with another arbitration administrator, JAMS. Except for an award of civil penalties, Ford will not be able to appeal an arbitrator’s decision.

Cash payments received for Software Flashes or Transmission Hardware Replacements will be deducted from any award made for a repurchase/replacement.


  1. TRANSMISSION HARDWARE REPLACEMENT

As a Class Member, you may be eligible for cash payments or discount certificates (to be used toward the purchase of a new Ford vehicle) of increasing value for each Service Visit for a Transmission Hardware Replacement. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx

  • Eligibility begins with the third Transmission Hardware Replacement. Payments at $200 for the third Service Visit, an additional $275 for the fourth visit, an additional $350 for the fifth visit, and so on. So, for example, if you have had five service visits, you are eligible to receive $825 in cash ($200+$275+$350).
  • You may submit claims for up to eight (8) Transmission Hardware Replacements, or up to $2,325 in cash or $4,650 in discount certificates.
  • Each Transmission Hardware Replacement must have been performed during a separate Service Visit and cannot have been performed as part of a recall program.
  • Each Transmission Hardware Replacement must have been one of ten (10) enumerated parts that will be listed on your repair order (there may be a prefix or suffix surrounding the part number):
    • 7B546 Disc Asy-Clutch;
    • 7Z369 Control Mod Trans (TCM);
    • 7052 Oil Seal-Trans Rear;
    • 7000 Transmission Asy-Aut;
    • 7C604 Motor-Frt Clutch;
    • 7A508 Rod-Cl/Slave Cyl Pus;
    • 6K301 Seal/RetC/Shft Oil;
    • 7060 Shaft/Bshg Asy-Out;
    • 7048 Seal-Input Shaft Oil; and
    • 7515 Lever Asy-Clutch Rel.

  1. SOFTWARE FLASHES

As a Class Member, you may be eligible for a cash payment of $50 for each transmission Software Flash (e.g., TCM update). Eligibility begins with the third Software Flash. To submit a claim, please fill out a claim form and follow the instructions on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx

  • You may submit claims for up to twelve (12) Software Flashes (up to $600).
  • Each Software Flash must have been performed during a separate Service Visit6 and cannot have been performed as part of a recall program.
  • Once you submit a claim for a Transmission Hardware Replacement, as described below, this benefit is no longer available to you.

  1. A ONE-TIME $20 PAYMENT

If you are not eligible to receive other benefits under the Settlement, you may still be able to receive a $20 one-time payment if you attest to having taken your car in for a Transmission repair but was denied one by your Ford dealer. After the Final Fairness Hearing, the Claims Administrator will provide a form for submitting a claim for $20 payment on this page: http://www.fordtransmissionsettlement.com/submit-a-claim.aspx


  1. FORCED WARRANTY REPAIRS

As a Class Member, you may be eligible for compensation for repairs that should have been covered by warranty (breach of the New Vehicle Limited Warranty or its extensions). Such claims will be subject to Arbitration.

You must submit your claim to the Arbitration Administrator. The Arbitrator may order one of three (3) forms of compensation, if you win:

  • The repair of your PowerShift Transmission;
  • Reimbursement of what you already paid to repair your PowerShift Transmission; or
  • Issuance by Ford of an extended service plan for your car.

  1. REPLACEMENT CLUTCH FOR CERTAIN VEHICLES

Certain Class Members may be eligible for reimbursement of costs they paid related to multiple clutch replacements, in addition to an extended warranty on the last clutch installed, if all the following apply:

  • Your car was manufactured after June 5, 2013;
  • Two clutch replacements were performed within 5 years/60,000 miles of original delivery (to the first owner or lessee);
  • Your repair order for a third clutch replacement states the need for a new clutch;
  • The third clutch was replaced within 7 years/100,000 miles of original delivery; and
  • You paid out-of-pocket for the third clutch.
  1. What is the lawsuit about?
  2. Why is there a settlement?
  3. What is the Settlement Class?
  4. How do I know if I am a Class Member?
  5. What if I own a Class Vehicle bud did not receive a Claim Form?
  6. What if I sold my Class Vehicle or returned my leased Class Vehicle?
  7. What if I am military serving overseas and took possession of my Class Vehicle outside the US?
  8. What does the settlement provide?
    1. What is the qualifying Service Visit?
    2. What is a Software Flash?
    3. What is a Transmission Hardware Replacement?
    4. Am I eligible for payments for Software Flashes/Updates?
    5. Am I eligible for payments for Transmission Hardware Replacements?
      1. What parts qualify as a Transmission Hardware Replacement?
    6. Am I eligible for payments for a repurchase?
  9. How do I make a claim?
  10. Who reviews and processes my claims?
  11. What documents do I need to support my claim?
  12. What if I misplaced my documentation of the repairs?
  13. Will this cost me anything?
  14. What if my claim is rejected?
  15. When will I get my payment?
  16. Do I have a lawyer in this case?
  17. Should I get my own lawyer?
  18. How will the lawyers, including Class Counsel, be paid?
  19. What if I don't like the Settlement terms?
  20. What happens if I don't want to participate?
  21. Can I sue Ford for the same thing later?
  22. If I did exclude myself, will I get anything from this Settlement?
  23. Where can I get more information?
  24. What is the Arbitration Program?
  25. What if the dealer refused to repair my vehicle when I took it in and complained about the transmission?
  26. What if I paid out-of-pocket for a repair that should have been covered by warranty?

  1. The lawsuit, entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), is a class action on behalf of consumers nationwide who purchased or leased a 2011 through 2016 Ford Fiesta and 2012 through 2016 Ford Focus equipped with Ford's dual clutch or "PowerShift" transmission ("Class Members"). It alleges, among other things, that Ford failed to disclose the fact that the PowerShift transmission contains one or more design and/or manufacturing defects that cause problems and unsafe conditions, including suddenly lurching forward, delayed acceleration, and sudden loss of forward propulsion. A class action settlement was finally approved by the Court on March 5, 2020 and became fully effective on April 7, 2020. Back to Top
  2. Rather than having the judge or a jury decide who should win this case, both sides agreed to this Settlement to avoid the uncertainty and costs of further litigation and to ensure that the Class obtains benefits. Back to Top
  3. The United States District Court for the Central District of California certified a group of consumers who will benefit from the Settlement. The "Class" on whose behalf this action was litigated and settled consists of owners and lessees of 2011 through 2016 Ford Fiestas and 2012 through 2016 Ford Focuses equipped with Ford's dual clutch or PowerShift automatic transmission ("Class Vehicles"). Back to Top
  4. You are a Class Member if you are a current or former owner or lessee of a Class Vehicle. Ford provided the Claims Administrator with the names and addresses of all Class Members, and mailed the court-approved Notice of the Settlement on July 7, 2017. Unless you filed a lemon law claim in court before that date, you should have received the Notice. Back to Top
  5. If you are a current or former owner or lessee of a Class Vehicle and did not receive a Notice in the mail by August 1, 2017, please contact the Claims Administrator at (844) 540-6011 or online at FordTransmissionSettlement.com to request a Notice. Back to Top
  6. Even if you sold or returned your Class Vehicle, you may still be eligible for Settlement benefits for repairs made to your car. If you are a former owner or lessee of a Class Vehicle who complained to Ford or a Ford-authorized dealership or other repair facility and did not receive a Notice in the mail, please contact the Claims Administrator at (844) 540-6011 or online FordTransmissionSettlement.com to request a Notice. Back to Top
  7. Even if you took possession of your Class Vehicle overseas while on active duty with the US military, you may still be eligible for Settlement benefits. If you have not received a Notice, please contact the Claims Administrator at (844) 540-6011 or online at FordTransmissionSettlement.com to request a Notice. Back to Top
  8. Class Members who submit a valid claim may be eligible to receive compensation in the form of cash payments, discount certificates, or a vehicle "buyback" (called a "repurchase/replacement"). The compensation for which you may qualify will depend on the type and number of claims you submit. The types of repairs for which you may be compensated subject include Software Flashes and Transmission Hardware Replacements that were performed on separate Service Visits.
    1. A qualifying "Service Visit" means a single visit made by a Class Member to a Ford Dealer within 7 years/100,000 miles of original delivery, whichever occurs first, to inspect and/or repair a problem related to the Class Member’s PowerShift transmission. Each visit will count as a separate Service Visit, even if it is for the same problem, unless the subsequent visits are for the express purpose of installing components that were ordered during the initial visit, in which case all will count as a single Service Visit.
    2. "Software Flash" means a firmware update or upgrade that affects your Transmission Control Module (TCM). See 8(d)(i).
    3. "Transmission Hardware Replacement" means one (1) of ten (10) qualifying transmission components. See 8(e)(i).
    4. If at least three (3) Software Flashes were performed on your car by an authorized Ford repair facility on separate Service Visits, you may be eligible for up to $600 in cash payments. Eligibility begins with the third Software Flash. Your repair order should identify a Software Flash by labor code. Software Flashes that were performed as part of recall or in conjunction with a Transmission Hardware Replacement do not qualify. If you submit a valid claim for compensation for a Transmission Hardware Replacement, you are no longer eligible for this benefit.
      1. 110333A 131102A 150090M 160109C 14M01DD
        110405A 131104A 150090N 160109D 14M01E
        110513A 131108A 150090P 160129A 14M01EE
        110513A 131109A 150090Q MT131102 14M01GG
        110902A 131110A 150120H R08101 14M01H
        110902A 140131A 150120L R08102 14M01L
        130405A 140131B 150120M R11021 14M01M
        130405B 140131C 150120N 14M01A 14M01N
        130405C 140131D 150120P 14M01AA 14M01P
        130405C 140131E 150120Q 14M01BB 14M01Q
        130904A 150017A 160044A 14M01C 14M02B
        130904B 150090H 160109A 14M01CC 14M02C
        130904C 150090L 160109B 14M01D 14M02D
    5. If at least three (3) Transmission Hardware Replacements were performed on your car by an authorized Ford repair facility on separate Service Visits, you are entitled to $200 for the 3rd visit, with an escalating payment for each additional visit. The maximum amount for cash payment is $2,325 for eight Service Visits (or $4,650 in discount certificates).
      1. The ten (10) parts that qualify as a “Transmission Hardware Replacement” are: (1) 7B546 Disc Asy-Clutch; (2) 7Z369 Control Mod Trans (TCM); (3) 7052 Oil Seal-Trans Rear; (4) 7000 Transmission Asy-Aut; (5) 7C604 Motor-Frt Clutch; (6) 7A508 Rod-Cl/Slave Cyl Pus; (7) 6K301 Seal/RetC/Shft Oil; (8) 7060 Shaft/Bshg Asy-Out; (9) 7048 Seal-Input Shaft Oil; and (10) 7515 Lever Asy-Clutch Rel. The number and description of each will be identified on your repair orders.
    6. A $20 one-time payment if you were denied a repair after complaining of a Transmission-related problem to your Ford dealer.
    7. A claim for a Vehicle Repurchase ("buyback") or Replacement will depend on the lemon law in the state where you took possession of your vehicle. If you qualify for this relief under your state’s lemon law, the statute of limitations has been extended under the Settlement up to six (6) years after original delivery (to the first owner or lessee). You may also be eligible for a Repurchase or Replacement if you qualify under the Settlement's default rule if:
      1. Your car is still malfunctioning;
      2. At least four (4) Transmission Hardware Replacements were performed, each during a separate Service Visit; and
      3. All the Transmission Hardware Replacements were performed within five (5) years or 60,000 miles of original delivery (to the first owner or lessee). Back to Top
  9. If you are a Class Member, you must fill out a valid claim form and submit it with the necessary documentation. Claim forms are available at FordTransmissionSettlement.com or by calling the Claims Administrator at (844) 540-6011. We encourage you to submit your claim(s) online. It's faster, and it's free. See also Claims Process. While claims are being accepted, claims will not be processed until after April 7, 2020. Do not expect payments until Summer of 2020 due to processing backlog and delays caused by COVID-19. Back to Top
  10. Claims for compensation relating to Software Flashes, Transmission Hardware Replacements, or denied repairs will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC). Claims for compensation relating to a repurchase/replacement or breach of New Vehicle Limited Warranty will be processed by the Arbitration Administrator, CAP-Motors (DeMars & Associates, Ltd.). Back to Top
  11. For each claim you submit, you will need to provide the Claims Administrator with at least the following information:
    1. The Vehicle Identification Number ("VIN");
    2. The date of the repair and your vehicle's mileage at the time of the repair;
    3. Whether the repairs were performed on the Class Vehicle within 7 years/100,000 miles of original delivery (to the first owner or lessee) (5 years/60,000 miles for Repurchase/Replacement under the Settlement Default rule);
    4. The name and address of the dealer that performed the repair;
    5. A description of the repair and services rendered; and
    6. Proof you owned the vehicle at the time of each repair on which your claim is based. Back to Top
  12. If you misplaced or lost one or more repair orders from an authorized Ford dealership or repair facility, contact that facility directly to see if they have a record of the repair in the system. You can also visit Ford's portal for owners for more information about your vehicle. Back to Top
  13. On March 5, 2020, the Court granted Class Counsel's fees and costs application for representing the Settlement Class. Ford will pay Class Counsel’s fees and costs, as well as to the Claims and Arbitration Administrators for administering claims under the Settlement. If you file a claim for repurchase/replacement or a breach of Ford's New Vehicle Limited Warranty, you may hire your own lawyer to represent you in Arbitration but will have to pay the attorney’s fees for breach of warranty claims. If you win your claim for a repurchase or replacement in arbitration, the arbitrator may award you up to $6,000 for attorneys' fees, which Ford will pay. If your claim is denied, you may be required to pay a fee to appeal the decision. Back to Top
  14. If your claim is rejected, the Claims Administrator will send you notice of the denial and an explanation by mail. If it was rejected because you failed to submit all the required documents, the Claims Administrator will give you one (1) opportunity to resubmit the claim within thirty (30) days. Back to Top
  15. Payments will be processed and issued by the Claims Administrator after April 7, 2020, when the Settlement takes legal effect. Back to Top
  16. Yes. The Court has appointed the law firm Capstone Law APC as the attorneys to represent you and other class members in this litigation. These attorneys are called "Class Counsel." In addition, the Court appointed the named plaintiffs to serve as the Class Representatives. They are class members like you. You can reach Class Counsel by calling (855) 310-9583. Back to Top
  17. You may hire a lawyer to represent you in the Settlement's Arbitration Program to obtain a buyback of your vehicle. See 24. Back to Top
  18. On March 5, 2020, the Court granted Class Counsel's request for attorneys' fees and expenses, as well as an award for each of the Class Representatives, which will be paid by Ford. If you hire a lawyer to represent you for a repurchase/replacement claim in the Settlement Arbitration Program and prevail, Ford may be required to pay that attorney's fees up to $6000. You will have to arrange costs and fees with your own lawyer if you hire someone to represent you in the Arbitration program for a breach of warranty claim or if Ford prevails on a repurchase/replacement claim. See 24. Back to Top
  19. If you did not exclude yourself from the Class by September 5, 2017, you are bound by the terms of the Settlement. Back to Top
  20. If you do not want to participate in the Class Settlement but did not opt out, you can simply choose not to submit any claim for benefits. However, you will remain be bound by its terms, including the Release, and all orders and judgments of the court. The Release means you cannot sue or be part of any other lawsuit against Ford for the claims or legal issues regarding the PowerShift transmission that this Settlement resolves. See 26. Back to Top
  21. No. You gave up any right to sue Ford for the claims this Settlement resolves if you did not exclude yourself. Back to Top
  22. No. If you excluded yourself ("opted out"), you are not a member of the Settlement Class and thus not eligible for its benefits.  Back to Top
  23. The Long Form notice summarizes the proposed Settlement. For the complete terms and conditions of the Settlement, please see the Settlement Agreement available here. If you have questions regarding the status of your claim(s), please call the Claims Administrator at (844) 540-6011 or visit www.FordTransmissionSettlement.com. For any other questions, please call Class Counsel at (855) 310-9583 or email info@fordpowershiftlawsuit.com. Back to Top
  24. If you seek a buyback of your vehicle, you must submit the claim through the Settlement’s Arbitration Program. Under the Program, an Arbitrator will determine whether Ford should repurchase or replace your Class Vehicle and/or whether Ford breached its New Vehicle Limited Warranty by failing to make certain repairs when requested. Among other benefits, Ford be ordered to pay up to $6000 in attorneys’ fees, if you hire an attorney to represent you for a repurchase/replacement claim and prevail. Please review the Arbitration Process for more details and restrictions. Back to Top
  25. If you still own your car and complained to an authorized Ford dealer about problems with your transmission while your car was still under the New Vehicle Limited Warranty, and you believe that the dealer wrongly refused to diagnose or repair your transmission, you may pursue a claim for Breach of Warranty in arbitration. Please be advised that such claims must be submitted within the statute of limitations for express warranty claims as determined by law of the state where you purchased your car(s). Back to Top
  26. If you still own your car and believe that a repair for which you had to pay out-of-pocket should have been covered by warranty, you may pursue a claim for Breach of Warranty in arbitration. Please be advised that such claims must be submitted within the statute of limitations for express warranty claims as determined by law of the state where you purchased your car(s). Back to Top

CLAIMS PROCESS

**The Settlement became effective on April 7, 2020. See the Settlement website for more information. Both this website and the Settlement website will be updated regularly as new information is available. Claims for cash payments (pre-paid card) or Vehicle Discount Certificates will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC).

Step 1


Step 2

Logon to the Online Claims Portal to complete your Claim Form OR complete your paper Claim Form, http://fordtransmissionsettlement.com/submit-a-claim.aspx.


Step 2(a)

If you intend to submit a claim for repurchase/replacement or breach of warranty, you must give direct notice to Ford at least ten (10) days before you submit the claim by calling (888) 260-4563 or by submitting the notice form available at https://kccsecure.com/fordtransmissionsettlement/Claimant/ArbitrationNoticeForm. If your claim is based on repair attempts, you must prepare and submit to the Arbitration Administrator a declaration attesting to the qualifying attempts. A sample template is available here, for informational purposes only.


Step 3

Upload your supporting documents on the Settlement website or attach hard copies of your supporting documents to your paper Claim Form and mail to:

Ford Transmission Settlement
P.O. Box 404000
Louisville, KY 40233-4000


Step 4

The Claims Administrator will review your submission to determine your eligibility.


Step 5

The Claims Administrator will contact you by mail regarding the status of your claim. If your claim is rejected because you failed to submit all the required documents, the Claims Administrator will give you one (1) opportunity to resubmit the claim within thirty (30) days.


Questions regarding the claims process should be directed to the Claims Administrator at www.FordTransmissionSettlement.com or by calling (844) 540-6011.

Questions regarding the eligibility for benefits may be directed to Class Counsel at (855) 310-9583 or info@fordpowershiftlawsuit.com.

ARBITRATION PROCESS

**Claims will begin processing as soon as practicable after April 7, 2020, the date on which the proposed Settlement becomes legally effective. Due to stay-at-home orders made in connection with COVID-19, there may be delays in processing. This page provides a summary of the process by which claims will be processed after the Approval Date and will be revised as needed. See the Settlement website for more information. Both this website and the Settlement website will be updated regularly as new information is available.

Claims for a vehicle buyback/repurchase by Ford or for any breach of Ford’s New Vehicle Limited Warranty will be processed through Arbitration Program. The Arbitration Administrator is CAP-Motors (the Consumer Arbitration Program for Motor Vehicles), administered by DeMars Associates, Ltd.

This summary is divided into two sections.

First is how to submit claims.

Second is what to expect once your claim has been submitted.

Deadline: Please be aware that you must submit a request for arbitration by either 6 years of delivery of your vehicle to the first retail customer, or October 5, 2020, whichever is earlier. That means that you have a vehicle with the model year from 2011-2014, you should file a request for arbitration by October 5, 2020. For those with later year models, please check and see when the vehicle was delivered to the first retail customer. You have six years from that date to file a request for arbitration. If you do not know, you should aim for the October 5, 2020 deadline to ensure that you are not time-barred.


How to Submit Claims for a Vehicle Repurchase or Express Warranty

Step 1

Gather the documents you need to support your claim (e.g. proof of ownership, repair orders). See FAQ #11.


Step 2

At least ten (10) days before you submit the claim, give direct notice to Ford of your intent to proceed to arbitration by calling (888) 260-4563 or submitting the notice form online. A downloadable version is also available here.1 You will be asked if you are represented by an attorney and, if you are, whether you want Ford to contact you or your attorney.

Ford may contact you during the 10-day notice period to offer to informally resolve your claim. If you accept Ford's offer, you will no longer be able to pursue your repurchase claim.


Step 3

After the 10-day notice period has passed, logon to the Arbitration Administrator's Online Claims Portal or complete your paper Claim Form, which will be available at www.FordTransmissionSettlement.com or ConsumerArbitrationProgram.com. Upload your supporting documents on the Arbitration Administrator’s website or attach hard copies of your supporting documents to your paper Claim Form and mail to:


CAP-Motors
c/o DeMars & Associates, Ltd.
Attn: Kyle Morris / Staci Fordinal
P.O. Box 925
Haslet, TX 76052-0925


What to Expect after Submitting your Claim:

Step 1

When you submit your claim, you will be asked to select how you want the arbitration to proceed. You may select a document-only review of your claim or a hearing via WebEx (online), via telephone, or in-person. If you choose a review by hearing, oral presentations are allowed in addition to the documents submitted.


Step 2

The Arbitration Administrator will review your submission and contact you regarding the eligibility of your claim.

If your submission is deemed incomplete or your claim is deemed ineligible because it doesn’t qualify for a repurchase/replacement, the Arbitration Administrator will notify you in writing.

You will have thirty (30) days to correct any deficiencies or appeal the decision.


Step 3

If you choose a review by hearing, the Arbitrator will schedule the hearing and notify you of the date, time, and location (at least two weeks’ notice is required for an in-person hearing).

The Arbitration Administrator may contact you to extend the time to schedule the hearing. For example, the time may be extended by ten (10) days if you failed to provide direct notice to Ford at least ten (10) days prior to submitting your claim. It may also be extended if you failed to submit all required paperwork in support of your claim. Finally, the time may be extended for up to thirty (30) days if the Arbitrator requests additional information regarding your claim, including a vehicle inspection.

The Arbitration Administrator may contact you to schedule an independent vehicle inspection by an Automotive Service Excellence (ASE) certified technician a vehicle inspection, to be performed ten (10) days before the review of your documents or your arbitration hearing.

Alternatively, you may request that your vehicle be inspected before the hearing, the neutral inspection to be arranged by CAP-Motors and paid for by Ford.


Step 4

You must complete a Pre-Arbitration Hearing Information Form and submit it to the Arbitration Administrator at least seven (7) days before your hearing. If you will be represented by an attorney, you must provide your attorney’s information on the form.


Step 5

The Arbitrator assigned to your claim will review your documents, if you select a documents-only review, or hold the hearing online, by phone, or in person, which you must attend.

If you select a hearing, all documents that you would like the Arbitrator to review must be submitted no later than seven (7) days before your hearing. If you plan to call witnesses, you must submit a written list of their names at least five (5) days before your hearing.


Step 6

If you select an in-person hearing, you must bring your car, if it is still in your possession, and provide proof of insurance. If your car is not safe to drive or is not operational, tell the Arbitration Administrator before your in-person hearing and explain why it’s not available for inspection.

You must attend at the time and place noticed. Please bring copies of all documents originally submitted in support of your claim. If you fail to attend, Ford may still be allowed to argue its case against repurchase/replacement. If you select a documents-only review, you may submit photos and videos. The Arbitrator may also request a vehicle inspection prior to reviewing your documents.


Step 7

The Arbitrator may request additional documents after your hearing, which you will be asked to submit to the Arbitration Administrator.


Step 8

When all evidence has been submitted, including for a document-only review, the Arbitrator will declare the arbitration closed.


Step 9

The Arbitrator will inform you in writing by first-class mail of his or her decision (it will take at least ten (10) days after the arbitration is closed).

The entire process from submission of your claim for arbitration to decision should take no more than forty (40) days, excluding any extensions for additional information or to cure deficiencies in the original submission.


Step 10

Within thirty (30) days, you must sign the form provided stating that you accept the Arbitrator’s decision and return it to the Arbitration Administrator. Ford will have thirty (30) days from the date the Arbitration Administrator receives your acceptance to comply with the Arbitrator's award.

You may appeal the Arbitrator’s decision regarding a claim for repurchase2, but you are responsible for the additional fees incurred. Ford will reimburse you if you win the appeal.

Questions regarding claims for repurchase/replacement or breach of Ford's New Vehicle Limited Warranty should be directed to the Arbitration Administrator at ConsumerArbitrationProgram.com or by calling (800) 279-5343.

Questions regarding eligibility for benefits may also be directed to Class Counsel at (855) 310-9583 or info@fordpowershiftlawsuit.com.



1 Please be patient. Claims will not be processed until after April 7, 2020.
2 Appeals will be heard by JAMS, a neutral third-party, and not by the Arbitration Administrator.