Class Action Settlement

Ford Focus and Fiesta Powershift
Transmission Settlement

What’s The Case About?

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 are a current or former owner/lessee of 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 April 25, 2017, the Court granted preliminary approval of the Settlement negotiated by Plaintiffs and Ford. On July 7, 2017, the Claims Administrator mailed a Court-approved postcard to affected consumers ("Class Members") advising them of the Settlement, the Settlement website, and instructions regarding their potential claims ("Notice"). The Parties are currently working with the Claims Administrator to provide information about the Settlement as well as to create a portal to submit claims. When that portal is ready, a link will be provided on this page.


What are my rights?

Class Members may be entitled to receive money or other benefits that the Settlement provides. If you believe you are a Class Member (see description above) and wish to participate in the Settlement, no action is required right now. Notice was mailed on July 7, 2017.1 If you are a current or former owner or lessee of a 2011 through 2016 Ford Fiesta or 2012 through 2016 Ford Focus and have not received a notice informing you of your rights, please contact the Claims Administrator at www.FordTransmissionSettlement.com or (844) 540-6011. Please be advised that you will be automatically excluded from the Class if you have a pending lawsuit against Ford related to the PowerShift Transmission, but you can choose to opt in (affirmatively include yourself in the Class) instead and should consult with your attorney. If you choose to participate or fail to opt out (affirmatively exclude yourself from the Class), you will be bound by these results, whether favorable or unfavorable, and you will give up the right to sue Ford separately for legal claims that are the same or related to those alleged in this lawsuit.


What benefits does the Settlement provide?

  • If your Class Vehicle’s transmission is malfunctioning, you may be entitled to a repair or a repurchase of your vehicle, through an expedited binding arbitration program.
  • If an authorized Ford dealer performed three or more transmission Software Flashes on your vehicle while you owned or leased it, you may be entitled to up to $600 in cash payments.
  • If an authorized Ford dealer replaced three or more qualifying hardware parts in your PowerShift Transmission while you owned or leased the vehicle, you may be entitled to up to $2,325 in cash payments or up to $4,650 in Vehicle Discount Certificates.
  • 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.
  • 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 information about the case and the Settlement, please see the links below or contact us at (855) 310-9583 or info@fordpowershiftlawsuit.com.


This site will be updated regularly to reflect relevant changes.


1 A small number of Notices were sent in error to owners and lessees of Fiesta and Ford vehicles that are not equipped with the PowerShift Transmission. This includes some vehicles equipped with manual transmissions or electric drivetrains. If you received the Notice but your vehicle does not have the PowerShift Transmission, the Settlement does not apply to you.

LEMON LAW RESOURCES AVAILABLE ONLINE

*This page is for informational use only and cannot be construed as legal advice. 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, which includes a consumer guide.

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 including a consumer guide.

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 51:948, 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.

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's Consumer and Family Advocacy Services.

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, including a consumer guide.

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, including a fact sheet regarding the Motor Vehicle Arbitration Board.

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.

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

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.1

If you already filed an individual claim against Ford regarding problems with your PowerShift Transmission but would like to participate in the Settlement Class instead, you must dismiss your pending, individual lawsuit and opt-in2 to the Class no later than September 5, 2017.

There are several types of compensation available to qualifying Class Members, including 1) Cash Payments for Software Flashes, 2) Cash Payments3 for Transmission Hardware Replacements, 3) Compensation for Warranty Repairs, and 4) Vehicle Repurchase/Replacement. Cash payments will be made by pre-paid card.4

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 (7) years or 100,000 miles from your vehicle's original sale or lease, whichever is earlier.

If your repair was made before the Approval Date5, you must submit your claim within 180 days of the Approval Date. If your repair was made after the Approval Date, you must submit your claim within 180 days of the repair.

*Links to the Settlement and Arbitration websites will be provided once they are available.


CLASS MEMBER BENEFITS

  1. Software Flashes
  2. 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.
    • 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.
  3. Transmission Hardware Replacement
  4. 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 Transmission Hardware Replacement.

    • Eligibility begins with the third Transmission Hardware Replacement.
    • You may submit claims for up to eight (8) Transmission Hardware Replacements (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.
  5. Compensation for Warranty Repairs
  6. 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.
  7. Repurchase/Replacement
  8. Replacement Clutch for Certain Vehicles
  9. 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.

    REQUEST FOR EXCLUSION

    If you do not want to participate in the Settlement, you may opt out by submitting a written request to exclude yourself. Please state your name, address, and telephone number, along with the model, model year, and VIN number of your car. You must state explicitly that you wish to be excluded from the Class in Vargas v. Ford Motor Co. and sign and date the request. If you are represented by counsel, your attorney must also sign the Request for Exclusion.

    Please mail your request to the Claims Administrator at

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

    Your request must be postmarked no later than September 5, 2017.


    1 Current and former owners and lessees of any 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a PowerShift Transmission with lawsuits pending against Ford as of July 14, 2017, are automatically excluded from the Settlement Class.
    2 The Opt-In form is available online at FordTransmissionSettlement.com or by calling the Claims Administrator at (844) 540-6011.
    3 In lieu of cash for a Transmission Hardware Replacement, you may elect to accept a discount certificate for double the amount.
    4 Any unused balance on a prepaid card will expire six (6) months after the card is issued.
    5 The "Approval Date" means the date the Settlement Agreement is finally approved by the Court, subject to a Final Order and Judgment directing the entry of judgment pursuant to Fed. R. Civ. P. 54(b). This website will be updated the date the Settlement is Finally Approved.
    6 "Service Visit" means one 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 subsequent visit will count as a separate Service Visit, even if it is for the same problem. However, if the subsequent visits are for the purpose of installing components that were ordered during the initial visit, all will count as a single Service Visit.

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 got rid of my 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's the difference between objecting and excluding myself from the settlement?
  21. What happens if I do nothing at all?
  22. What happens if I don't want to participate?
  23. How do I exclude myself?
  24. If I don't exclude myself, can I sue Ford for the same thing later?
  25. If I do exclude myself, will I get anything from this Settlement?
  26. How do I object to the settlement?
  27. When and where will the court hold a hearing on the fairness of the settlement?
  28. Do I have to come to the hearing?
  29. May I speak at the hearing?
  30. Where can I get more information?
  31. What is the Arbitration Program?
  32. What if the dealer refused to repair my vehicle when I took it in and complained about the transmission?
  33. What if I paid out-of-pocket for a repair that should have been covered by warranty?

  1. The lawsuit 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"). Entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), the lawsuit is currently pending in the United States District Court for the Central District of California. 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. 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. The Class is thus assured of compensation. Back to Top
  3. The Court has 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 who purchased or leased your car on or before April 25, 2017. 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 have already filed a lemon law claim in court, you do not need to do anything more to be included in the Class. Back to Top
  5. If you are a current or former owner or lessee of a Class Vehicle and have not received 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. You may qualify to receive cash payments, vehicle discount certificates, or reimbursement for a replacement clutch under the Settlement if you meet the requirements for those benefits and have documents to support your claim. Please visit FordTransmissionSettlement.com for more information. 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 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
  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 repurchase/replacement. The compensation for which you 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 may be eligible for up to your choice of $2,325 in cash payments 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 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 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 Vehicle 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. Claims will not be accepted until after the Approval Date. Back to Top
  10. Claims for compensation relating to Software Flashes or Transmission Hardware Replacements 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. Ford pays Class Counsel for representing the Settlement Class and pays the Claims and Arbitration Administrators for processing claims. However, if you file a claim for repurchase/replacement or a breach of Ford's New Vehicle Limited Warranty and you hire your own lawyer to represent you in Arbitration, you may have to pay attorneys' fees. 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 the Effective Date, when the Settlement takes legal effect. By law, claims cannot be processed or payments disbursed until every objection and/or appeal has been resolved. The Effective Date will be determined by the Court, and this site will be updated accordingly. 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. 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 don't have to hire your own lawyer because Class Counsel is working on your behalf. You may choose to consult another lawyer regarding the Settlement or if you want someone other than Class Counsel to represent you and appear in court for you apart from the Class. You may also hire another lawyer to represent you in the Settlement's Arbitration Program. See 31. Back to Top
  18. Class Counsel will ask the court for attorneys' fees and expenses to be paid directly by Ford. In addition, Class Counsel will request an award for each of the Class Representatives, which will also be paid directly by Ford. The court will determine these amounts. The court may award less than the amounts requested. If you choose to hire a lawyer to represent you in the Settlement Arbitration Program, Ford will pay that attorney's fees up to $6000. You will have to arrange costs and fees with your own lawyer if you hire someone else to represent you apart from the Class and the Settlement. See 31. Back to Top
  19. If you don’t like the terms of the Settlement, you can exclude yourself from the Class or you can ask the Court to deny approval by filing an objection in writing. If you object, you can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement that has been proposed. If the Court denies approval, no Settlement payments will be made and the lawsuit will continue. Back to Top
  20. Excluding yourself from the Class means telling the Court that you don't want to be part of the Class or participate in the Settlement. If you exclude yourself, you are no longer a Class Member. See 23. Objecting to the proposed Settlement means telling the Court that you don’t think the Settlement is fair or appropriate for some reason. Only Class Members can object. See 26. Back to Top
  21. If you do nothing, you will be considered a class member but will not automatically receive any compensation under the Settlement. You must submit claims with supporting documents to establish your eligibility for benefits in order to receive compensation. If the Court approves the Settlement and it becomes legally effective, you will also 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. Back to Top
  22. If you do not want to participate in the Class Settlement, you can exclude yourself from it and "opt out." If you opt out, you will not be considered a Class Member, which means you will no longer be eligible for benefits under the Settlement. However, you will keep your right to file your own lawsuit against Ford for the same legal claims made in this lawsuit. Back to Top
  23. To opt out, you must submit a written Request for Exclusion by first-class US mail that includes your name, address, and telephone number, along with the model, model year, and VIN number of your car. You must state explicitly that you want to be excluded from the Class in Vargas v. Ford Motor Co. and sign and date the request. If you are represented by counsel, your attorney must also sign the Request for Exclusion. Please mail your request to the Claims Administrator at Ford Transmission Settlement, P.O. Box 404000, Louisville, KY 40233-4000. Your request must be postmarked no later than September 5, 2017. Back to Top
  24. No. You give up any right to sue Ford for the claims this Settlement resolves unless you exclude yourself. See 21 (the Release). Back to Top
  25. No. If you exclude yourself, you are not a member of the Settlement Class and thus ineligible for its benefits. Back to Top
  26. To object to the proposed Settlement, you must file a written statement or brief with the Court, stating that you object and why. You may also appear at the Final Approval Hearing on October 2, 2017, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number, see 1, b) be submitted to the Honorable André Birotte, Jr., either by mailing them to the Court Clerk, United States District Court for the Central District of California, 350 West First Street, Los Angeles, CA 90012 - Courtroom 7B, or by filing them in person at the same location, and (c) be filed or postmarked on or before September 05, 2017.
    1. You must also provide copies of the objection to: (1) Jordan Lurie, Tarek Zohdy, Cody Padgett, Karen Wallace, Capstone Law APC, 1875 Century Park East, Suite 1000, Los Angeles, CA, 90067; and (2) Krista L. Lenart, Dykema Gossett PLLC, 2723 South State Street, Suite 400, Ann Arbor, MI 48104.
    2. The objection must contain the following information:
      1. The objector's full name, address, and telephone number;
      2. The model, model year, and vehicle identification number of the Class Member's Class Vehicle, along with proof that the objector has owned or leased a Class Vehicle (e.g., a true copy of a vehicle title, registration, or license receipt);
      3. A written statement of all grounds for the objection accompanied by any legal support for such objection;
      4. Copies of any papers, briefs, or other documents upon which the objection is based;
      5. A list of all cases in which the objector and/or his or her counsel has filed or in any way participated in—financially or otherwise—objections to a class action settlement in the preceding five years;
      6. The name, address, email address, and telephone number of all attorneys representing the objector; and
      7. A statement indicating whether the objector and/or his or her counsel intends to appear at the Fairness Hearing, and if so, a list of all persons, if any, who will be called to testify in support of the objection. Back to Top
  27. The Final Approval or Fairness Hearing is scheduled for 10:00am on October 2, 2017, before the Honorable André Birotte, Jr. It will be held at the United States District Court for the Central District of California, 350 West First Street, Los Angeles, CA 90012 - Courtroom 7B. Back to Top
  28. No. Class Counsel will answer any questions the Court may have, but you are welcome to come to the hearing at your own expense. If you file an objection, you don’t have to come to court to talk about it. The Court will consider your written objection if it was filed or mailed on time and meets the other criteria described above. See 26. You may also pay a lawyer to attend, but you don’t have to. Back to Top
  29. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection, See 26, and intend to appear at the hearing, you must state your intention to do so in your objection. Back to Top
  30. 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 fordlawsuit@capstonelawyers.com. Back to Top
  31. The Arbitration Program is an expedited program, created by the parties for the Settlement Class, to determine whether Ford should repurchase or replace your Class Vehicle and whether Ford breached its New Vehicle Limited Warranty by failing to make certain repairs when requested. Among other benefits, Ford will pay the initial costs of arbitration and up to $6000 in attorneys' fees, if you choose to hire an attorney to represent you. Please review the Long Form Notice or the Arbitration Process for more details and restrictions. Back to Top
  32. 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
  33. 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

**Please be advised that, while you may submit claims after the Approval Date, they cannot be processed until the Effective Date, the date on which the proposed Settlement is finally approved by the Court and becomes legally effective. 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 cash payments (pre-paid card) or Vehicle Discount Certificates will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC).

Step 1

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


Step 2

Logon to the Online Claims Portal to complete your Claim Form OR complete your paper Claim Form, which will be available on the Settlement website.


Step 2(a)

If you intend to submit a claim for repurchase/replacement, you will have to 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 that will be available on the Settlement website.1


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 fordlawsuit@capstonelawyers.com.


1 Claims will not be accepted until after the Approval Date.

ARBITRATION PROCESS

**Please be advised that claims cannot be processed until the Effective Date, the date on which the proposed Settlement is finally approved by the Court and becomes legally effective. 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 repurchase or replacement 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.

How to Submit Claims for Arbitration:

Step 1

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


Step 2

Logon to the Arbitration Administrator's Online Claims Portal or complete your paper Claim Form, which will be available at www.FordTransmissionSettlement.com or www.ConsumerArbitrationProgram.com.


Step 3

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 submitting the notice form that will be available on the Settlement website.1


Step 4

If your claim is for repurchase/replacement and no more than three (3) repair attempts have been made to your car, Ford may request the opportunity to attempt one last repair, at no cost to you.


Step 5

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 / Michelle Cramer
P.O. Box 925
Haslet, TX 76052-0925


What to Expect after Submitting your Claim:

Step 1

The Arbitration Administrator will contact you by email, if your submission was made online, or by mail regarding the eligibility of your claim.

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


Step 2

If your submission is deemed incomplete or your claim is deemed ineligible, you will have thirty (30) days to correct any deficiencies or appeal the decision.


Step 3

Once the Arbitration Administrator deems your claim eligible, you will be asked to select how you want the arbitration to proceed. You may select a document-only review of your claim, a hearing online via WebEx or via telephone, or an in-person hearing.

If you choose a hearing by WebEx, by phone, or in-person to allow for oral presentations in addition to the documents you submitted, the Arbitrator will schedule it (at least two weeks’ notice is required for an in-person hearing).


Step 4

If your claim is for repurchase/replacement, 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.

The Arbitration Administrator may also 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.


Step 5

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 6

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 7

If your claim is for repurchase/replacement and 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 your claim is for repurchase/replacement and 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 8

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


Step 9

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


Step 10

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 11

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

If you reject the Arbitrator's decision, you may appeal2, 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 www.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 fordlawsuit@capstonelawyers.com.


1 Please be patient. Neither claims nor notice will be accepted until after the Approval Date.
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 to speak with Anthony Castillo, Esq. at (855) 310-9583 or email us at info@fordpowershiftlawsuit.com.

Privacy Policy

What information do we collect?
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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Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

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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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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.

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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.

Important Dates

Notice Mailed to Class Members

July 7, 2017

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

Opt Out & Objection Deadline

September 5, 2017

You must complete and mail your request for exclusion so that it is postmarked no later than September 5, 2017.

You must file your objections to the Settlement with the Court on or before September 5, 2017.

Final Approval Hearing Date

October 2, 2017

The Final Approval or "Fairness" Hearing is currently scheduled for October 2, 2017.

Please check this website for updates.

Class Action Settlement

Ford Focus and Fiesta Powershift
Transmission Settlement

What’s The Case About?

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 are a current or former owner/lessee of 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 April 25, 2017, the Court granted preliminary approval of the Settlement negotiated by Plaintiffs and Ford. On July 7, 2017, the Claims Administrator mailed a Court-approved postcard to affected consumers ("Class Members") advising them of the Settlement, the Settlement website, and instructions regarding their potential claims ("Notice"). The Parties are currently working with the Claims Administrator to provide information about the Settlement as well as to create a portal to submit claims. When that portal is ready, a link will be provided on this page.


What are my rights?

Class Members may be entitled to receive money or other benefits that the Settlement provides. If you believe you are a Class Member (see description above) and wish to participate in the Settlement, no action is required right now. Notice was mailed on July 7, 2017.1 If you are a current or former owner or lessee of a 2011 through 2016 Ford Fiesta or 2012 through 2016 Ford Focus and have not received a notice informing you of your rights, please contact the Claims Administrator at www.FordTransmissionSettlement.com or (844) 540-6011. Please be advised that you will be automatically excluded from the Class if you have a pending lawsuit against Ford related to the PowerShift Transmission, but you can choose to opt in (affirmatively include yourself in the Class) instead and should consult with your attorney. If you choose to participate or fail to opt out (affirmatively exclude yourself from the Class), you will be bound by these results, whether favorable or unfavorable, and you will give up the right to sue Ford separately for legal claims that are the same or related to those alleged in this lawsuit.


What benefits does the Settlement provide?

  • If your Class Vehicle’s transmission is malfunctioning, you may be entitled to a repair or a repurchase of your vehicle, through an expedited binding arbitration program.
  • If an authorized Ford dealer performed three or more transmission Software Flashes on your vehicle while you owned or leased it, you may be entitled to up to $600 in cash payments.
  • If an authorized Ford dealer replaced three or more qualifying hardware parts in your PowerShift Transmission while you owned or leased the vehicle, you may be entitled to up to $2,325 in cash payments or up to $4,650 in Vehicle Discount Certificates.
  • 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.
  • 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 information about the case and the Settlement, please see the links below or contact us at (855) 310-9583 or info@fordpowershiftlawsuit.com.


This site will be updated regularly to reflect relevant changes.


1 A small number of Notices were sent in error to owners and lessees of Fiesta and Ford vehicles that are not equipped with the PowerShift Transmission. This includes some vehicles equipped with manual transmissions or electric drivetrains. If you received the Notice but your vehicle does not have the PowerShift Transmission, the Settlement does not apply to you.

Important Dates

Notice Mailed to Class Members

July 7, 2017

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

Opt Out & Objection Deadline

September 5, 2017

You must complete and mail your request for exclusion so that it is postmarked no later than September 5, 2017.

You must file your objections to the Settlement with the Court on or before September 5, 2017.

Final Approval Hearing Date

October 2, 2017

The Final Approval or "Fairness" Hearing is currently scheduled for October 2, 2017.

Please check this website for updates.

LEMON LAW RESOURCES AVAILABLE ONLINE?

*This page is for informational use only and cannot be construed as legal advice. 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, which includes a consumer guide.

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 including a consumer guide.

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 51:948, 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.

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's Consumer and Family Advocacy Services.

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, including a consumer guide.

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, including a fact sheet regarding the Motor Vehicle Arbitration Board.

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.

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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.

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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 to speak with Anthony Castillo, Esq. at (855) 310-9583 or email us at info@fordpowershiftlawsuit.com.

Important Dates

Notice Mailed to Class Members

July 7, 2017

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

Opt Out & Objection Deadline

September 5, 2017

You must complete and mail your request for exclusion so that it is postmarked no later than September 5, 2017.

You must file your objections to the Settlement with the Court on or before September 5, 2017.

Final Approval Hearing Date

October 2, 2017

The Final Approval or "Fairness" Hearing is currently scheduled for October 2, 2017.

Please check this website for updates.

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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.1

If you already filed an individual claim against Ford regarding problems with your PowerShift Transmission but would like to participate in the Settlement Class instead, you must dismiss your pending, individual lawsuit and opt-in2 to the Class no later than September 5, 2017.

There are several types of compensation available to qualifying Class Members, including 1) Cash Payments for Software Flashes, 2) Cash Payments3 for Transmission Hardware Replacements, 3) Compensation for Warranty Repairs, and 4) Vehicle Repurchase/Replacement. Cash payments will be made by pre-paid card.4

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 (7) years or 100,000 miles from your vehicle's original sale or lease, whichever is earlier.

If your repair was made before the Approval Date5, you must submit your claim within 180 days of the Approval Date. If your repair was made after the Approval Date, you must submit your claim within 180 days of the repair.

*Links to the Settlement and Arbitration websites will be provided once they are available.


CLASS MEMBER BENEFITS

  1. Software Flashes
  2. 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.
    • 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.
  3. Transmission Hardware Replacement
  4. 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 Transmission Hardware Replacement.

    • Eligibility begins with the third Transmission Hardware Replacement.
    • You may submit claims for up to eight (8) Transmission Hardware Replacements (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.
  5. Compensation for Warranty Repairs
  6. 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.
  7. Repurchase/Replacement
  8. Replacement Clutch for Certain Vehicles
  9. 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.

    REQUEST FOR EXCLUSION

    If you do not want to participate in the Settlement, you may opt out by submitting a written request to exclude yourself. Please state your name, address, and telephone number, along with the model, model year, and VIN number of your car. You must state explicitly that you wish to be excluded from the Class in Vargas v. Ford Motor Co. and sign and date the request. If you are represented by counsel, your attorney must also sign the Request for Exclusion.

    Please mail your request to the Claims Administrator at

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

    Your request must be postmarked no later than September 5, 2017.


    1 Current and former owners and lessees of any 2012-2016 Ford Focus or a 2011-2016 Ford Fiesta equipped with a PowerShift Transmission with lawsuits pending against Ford as of July 14, 2017, are automatically excluded from the Settlement Class.
    2 The Opt-In form is available online at FordTransmissionSettlement.com or by calling the Claims Administrator at (844) 540-6011.
    3 In lieu of cash for a Transmission Hardware Replacement, you may elect to accept a discount certificate for double the amount.
    4 Any unused balance on a prepaid card will expire six (6) months after the card is issued.
    5 The "Approval Date" means the date the Settlement Agreement is finally approved by the Court, subject to a Final Order and Judgment directing the entry of judgment pursuant to Fed. R. Civ. P. 54(b). This website will be updated the date the Settlement is Finally Approved.
    6 "Service Visit" means one 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 subsequent visit will count as a separate Service Visit, even if it is for the same problem. However, if the subsequent visits are for the purpose of installing components that were ordered during the initial visit, all will count as a single Service Visit.
  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 got rid of my 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's the difference between objecting and excluding myself from the settlement?
  21. What happens if I do nothing at all?
  22. What happens if I don't want to participate?
  23. How do I exclude myself?
  24. If I don't exclude myself, can I sue Ford for the same thing later?
  25. If I do exclude myself, will I get anything from this Settlement?
  26. How do I object to the settlement?
  27. When and where will the court hold a hearing on the fairness of the settlement?
  28. Do I have to come to the hearing?
  29. May I speak at the hearing?
  30. Where can I get more information?
  31. What is the Arbitration Program?
  32. What if the dealer refused to repair my vehicle when I took it in and complained about the transmission?
  33. What if I paid out-of-pocket for a repair that should have been covered by warranty?

  1. The lawsuit 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"). Entitled Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)), the lawsuit is currently pending in the United States District Court for the Central District of California. 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. 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. The Class is thus assured of compensation. Back to Top
  3. The Court has 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 who purchased or leased your car on or before April 25, 2017. 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 have already filed a lemon law claim in court, you do not need to do anything more to be included in the Class. Back to Top
  5. If you are a current or former owner or lessee of a Class Vehicle and have not received 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. You may qualify to receive cash payments, vehicle discount certificates, or reimbursement for a replacement clutch under the Settlement if you meet the requirements for those benefits and have documents to support your claim. Please visit FordTransmissionSettlement.com for more information. 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 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
  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 repurchase/replacement. The compensation for which you 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 may be eligible for up to your choice of $2,325 in cash payments 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 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 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 Vehicle 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. Claims will not be accepted until after the Approval Date. Back to Top
  10. Claims for compensation relating to Software Flashes or Transmission Hardware Replacements 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. Ford pays Class Counsel for representing the Settlement Class and pays the Claims and Arbitration Administrators for processing claims. However, if you file a claim for repurchase/replacement or a breach of Ford's New Vehicle Limited Warranty and you hire your own lawyer to represent you in Arbitration, you may have to pay attorneys' fees. 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 the Effective Date, when the Settlement takes legal effect. By law, claims cannot be processed or payments disbursed until every objection and/or appeal has been resolved. The Effective Date will be determined by the Court, and this site will be updated accordingly. 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. 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 don't have to hire your own lawyer because Class Counsel is working on your behalf. You may choose to consult another lawyer regarding the Settlement or if you want someone other than Class Counsel to represent you and appear in court for you apart from the Class. You may also hire another lawyer to represent you in the Settlement's Arbitration Program. See 31. Back to Top
  18. Class Counsel will ask the court for attorneys' fees and expenses to be paid directly by Ford. In addition, Class Counsel will request an award for each of the Class Representatives, which will also be paid directly by Ford. The court will determine these amounts. The court may award less than the amounts requested. If you choose to hire a lawyer to represent you in the Settlement Arbitration Program, Ford will pay that attorney's fees up to $6000. You will have to arrange costs and fees with your own lawyer if you hire someone else to represent you apart from the Class and the Settlement. See 31. Back to Top
  19. If you don’t like the terms of the Settlement, you can exclude yourself from the Class or you can ask the Court to deny approval by filing an objection in writing. If you object, you can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement that has been proposed. If the Court denies approval, no Settlement payments will be made and the lawsuit will continue. Back to Top
  20. Excluding yourself from the Class means telling the Court that you don't want to be part of the Class or participate in the Settlement. If you exclude yourself, you are no longer a Class Member. See 23. Objecting to the proposed Settlement means telling the Court that you don’t think the Settlement is fair or appropriate for some reason. Only Class Members can object. See 26. Back to Top
  21. If you do nothing, you will be considered a class member but will not automatically receive any compensation under the Settlement. You must submit claims with supporting documents to establish your eligibility for benefits in order to receive compensation. If the Court approves the Settlement and it becomes legally effective, you will also 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. Back to Top
  22. If you do not want to participate in the Class Settlement, you can exclude yourself from it and "opt out." If you opt out, you will not be considered a Class Member, which means you will no longer be eligible for benefits under the Settlement. However, you will keep your right to file your own lawsuit against Ford for the same legal claims made in this lawsuit. Back to Top
  23. To opt out, you must submit a written Request for Exclusion by first-class US mail that includes your name, address, and telephone number, along with the model, model year, and VIN number of your car. You must state explicitly that you want to be excluded from the Class in Vargas v. Ford Motor Co. and sign and date the request. If you are represented by counsel, your attorney must also sign the Request for Exclusion. Please mail your request to the Claims Administrator at Ford Transmission Settlement, P.O. Box 404000, Louisville, KY 40233-4000. Your request must be postmarked no later than September 5, 2017. Back to Top
  24. No. You give up any right to sue Ford for the claims this Settlement resolves unless you exclude yourself. See 21 (the Release). Back to Top
  25. No. If you exclude yourself, you are not a member of the Settlement Class and thus ineligible for its benefits. Back to Top
  26. To object to the proposed Settlement, you must file a written statement or brief with the Court, stating that you object and why. You may also appear at the Final Approval Hearing on October 2, 2017, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number, see 1, b) be submitted to the Honorable André Birotte, Jr., either by mailing them to the Court Clerk, United States District Court for the Central District of California, 350 West First Street, Los Angeles, CA 90012 - Courtroom 7B, or by filing them in person at the same location, and (c) be filed or postmarked on or before September 05, 2017.
    1. You must also provide copies of the objection to: (1) Jordan Lurie, Tarek Zohdy, Cody Padgett, Karen Wallace, Capstone Law APC, 1875 Century Park East, Suite 1000, Los Angeles, CA, 90067; and (2) Krista L. Lenart, Dykema Gossett PLLC, 2723 South State Street, Suite 400, Ann Arbor, MI 48104.
    2. The objection must contain the following information:
      1. The objector's full name, address, and telephone number;
      2. The model, model year, and vehicle identification number of the Class Member's Class Vehicle, along with proof that the objector has owned or leased a Class Vehicle (e.g., a true copy of a vehicle title, registration, or license receipt);
      3. A written statement of all grounds for the objection accompanied by any legal support for such objection;
      4. Copies of any papers, briefs, or other documents upon which the objection is based;
      5. A list of all cases in which the objector and/or his or her counsel has filed or in any way participated in—financially or otherwise—objections to a class action settlement in the preceding five years;
      6. The name, address, email address, and telephone number of all attorneys representing the objector; and
      7. A statement indicating whether the objector and/or his or her counsel intends to appear at the Fairness Hearing, and if so, a list of all persons, if any, who will be called to testify in support of the objection. Back to Top
  27. The Final Approval or Fairness Hearing is scheduled for 10:00am on October 2, 2017, before the Honorable André Birotte, Jr. It will be held at the United States District Court for the Central District of California, 350 West First Street, Los Angeles, CA 90012 - Courtroom 7B. Back to Top
  28. No. Class Counsel will answer any questions the Court may have, but you are welcome to come to the hearing at your own expense. If you file an objection, you don’t have to come to court to talk about it. The Court will consider your written objection if it was filed or mailed on time and meets the other criteria described above. See 26. You may also pay a lawyer to attend, but you don’t have to. Back to Top
  29. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection, See 26, and intend to appear at the hearing, you must state your intention to do so in your objection. Back to Top
  30. 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 fordlawsuit@capstonelawyers.com. Back to Top
  31. The Arbitration Program is an expedited program, created by the parties for the Settlement Class, to determine whether Ford should repurchase or replace your Class Vehicle and whether Ford breached its New Vehicle Limited Warranty by failing to make certain repairs when requested. Among other benefits, Ford will pay the initial costs of arbitration and up to $6000 in attorneys' fees, if you choose to hire an attorney to represent you. Please review the Long Form Notice or the Arbitration Process for more details and restrictions. Back to Top
  32. 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
  33. 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

**Please be advised that, while you may submit claims after the Approval Date, they cannot be processed until the Effective Date, the date on which the proposed Settlement is finally approved by the Court and becomes legally effective. 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 cash payments (pre-paid card) or Vehicle Discount Certificates will be processed by the Claims Administrator, Kurtzman Carson Consultants (KCC).

Step 1

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


Step 2

Logon to the Online Claims Portal to complete your Claim Form OR complete your paper Claim Form, which will be available on the Settlement website.


Step 2(a)

If you intend to submit a claim for repurchase/replacement, you will have to 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 that will be available on the Settlement website.1


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 fordlawsuit@capstonelawyers.com.


1 Claims will not be accepted until after the Approval Date.

ARBITRATION PROCESS

**Please be advised that claims cannot be processed until the Effective Date, the date on which the proposed Settlement is finally approved by the Court and becomes legally effective. 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 repurchase or replacement 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.

How to Submit Claims for Arbitration:

Step 1

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


Step 2

Logon to the Arbitration Administrator's Online Claims Portal or complete your paper Claim Form, which will be available at www.FordTransmissionSettlement.com or www.ConsumerArbitrationProgram.com.


Step 3

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 submitting the notice form that will be available on the Settlement website.1


Step 4

If your claim is for repurchase/replacement and no more than three (3) repair attempts have been made to your car, Ford may request the opportunity to attempt one last repair, at no cost to you.


Step 5

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 / Michelle Cramer
P.O. Box 925
Haslet, TX 76052-0925


What to Expect after Submitting your Claim:

Step 1

The Arbitration Administrator will contact you by email, if your submission was made online, or by mail regarding the eligibility of your claim.

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


Step 2

If your submission is deemed incomplete or your claim is deemed ineligible, you will have thirty (30) days to correct any deficiencies or appeal the decision.


Step 3

Once the Arbitration Administrator deems your claim eligible, you will be asked to select how you want the arbitration to proceed. You may select a document-only review of your claim, a hearing online via WebEx or via telephone, or an in-person hearing.

If you choose a hearing by WebEx, by phone, or in-person to allow for oral presentations in addition to the documents you submitted, the Arbitrator will schedule it (at least two weeks’ notice is required for an in-person hearing).


Step 4

If your claim is for repurchase/replacement, 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.

The Arbitration Administrator may also 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.


Step 5

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 6

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 7

If your claim is for repurchase/replacement and 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 your claim is for repurchase/replacement and 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 8

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


Step 9

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


Step 10

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 11

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

If you reject the Arbitrator's decision, you may appeal2, 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 www.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 fordlawsuit@capstonelawyers.com.


1 Please be patient. Neither claims nor notice will be accepted until after the Approval Date.
2 Appeals will be heard by JAMS, a neutral third-party, and not by the Arbitration Administrator.