Ford Fiesta and Ford Focus – Lemon Law Case, Class Action, or Dealership “Buyback”?

Ford Fiesta and Focus Lemon Law vs Class Action and Dealership Buyback

So you bought a 2012-2016 Ford Fiesta or Ford Focus, what now? If you are reading this blog post, chances are your Fiesta or Focus has experienced the same shuddering, hesitating, jerking, lack of power, failure to shift, failure to start, grinding, activation of the “CHECK ENGINE” warning light, activation of the “TRANSMISSION OVERHEAT” warning light, or activation of the “TRANSMISSION MALFUNCTION” warning light that is happening with every Fiesta and Focus manufactured between 2011 and 2017. The most important thing for you to do is take the vehicle to a Ford dealership for a transmission system repair as often as necessary and you need to keep a copy of every single piece of paperwork the Ford dealership gives to you.

Ford Focus, Fiesta lemon options

As the California owner of a 2012 to 2017 Ford Fiesta or Focus, you have three options:

  1. Call us so that we can help you with a lemon law case against Ford; or
  2. Join the Class Action; or
  3. Go with a Dealership “Buyback”

Option 1 – Call Our Firm to Pursue a Lemon Law Case

What does a California Lemon Law Buyback mean for you? In a California Lemon Law Buyback, the consumer is entitled to a refund of the following:

  1. Your WHOLE down payment; and
  2. ALL of the monthly payments you’ve made; and
  3. This year’s registration fee; and
  4. Ford will pay off your ENTIRE loan balance directly to your lender; and
  5. The only amount(s) that will be deducted from your refund are a small usage fee, any non-Ford aftermarket items, factory rebates and negative equity. California Lemon Law best option, Ford Focus, Fiesta

What if your vehicle does not qualify for a full lemon law buyback? In some cases, we can still obtain what is called a “Cash and Keep” settlement for you. With a “Cash and Keep” settlement, Ford pays you a few thousand dollars, you keep the vehicle, and you either continue to make your monthly payments on the vehicle, or you can trade it in for a new vehicle  at any dealership you like, it does not have to be a Ford dealership. With a cash and keep settlement, if you opt to keep the cash and keep the vehicle, you are still responsible for making the remaining payments on the loan.

How much will you have to pay our law firm? NOTHING!!! All of our attorney’s fees and costs are paid for by Ford Motor Company so there is never a cost to you.

Option 2Join the Class Action

WARNING: If you do not opt out of the class action settlement by September 5, 2017, will be automatically included in the class action settlement and you most likely will NOT be able to pursue an individual lemon law case against Ford. You could potentially lose thousands of dollars as a result!!

Recently, the Vargas v. Ford Motor Company (Case No. 2:12-cv-08388-AB) Class Action lawsuit regarding the Ford Focus and Fiesta has reached the proposed settlement stage.  In the class action, Plaintiff Omar Vargas sued Ford Motor Company for selling the 2012-2016 Ford Focus and 2011-2016 Ford Fiesta vehicles with malfunctioning transmission systems. Five years after the initial filing, there is a proposed class action settlement.

Pursuant to the proposed settlement, Ford will pay each class member a cash settlement depending upon the number of transmission hardware replacements and software flashes their vehicle has received. Examples of a transmission hardware replacement include, but are not limited to, a clutch replacement, a transmission control module replacement, a clutch seal replacement, a clutch lever replacement, etc. Repair visits where the transmission control module or powertrain control module were reprogrammed do not count as hardware replacements, they are considered to be software flashes. Instead of taking the cash settlement, the consumer can opt to take a Certificate towards the purchase or lease of a Ford vehicle instead of the cash settlement. The proposed payments for the class action settlement are as follows:

3 software flashes = $50.00 to the consumer

4 software flashes = $100.00 to the consumer

5 software flashes = $150.00 to the consumer

6 software flashes = $200.00 to the consumer

The maximum cash payment to a consumer for software flashes is $600.00.

3 transmission hardware replacements = $200.00 in cash or a Ford Certificate for $400.00

4 transmission hardware replacements = $275.00 in cash or a Ford Certificate for $550.00

5 transmission hardware replacements = $350.00 in cash or a Ford Certificate for $700.00

6 transmission hardware replacements = $425.00 in cash or a Ford Certificate for $850.00

7 transmission hardware replacements = $500.00 in cash or a Ford Certificate for $1,000.00

8 transmission hardware replacements = $575.00 in cash or a Ford Certificate for $1,150.00

The maximum cash settlement to the consumer for hardware replacements is $2,325.00 and the maximum Ford Certificate to the consumer is $4,650.00. The cash payments to the consumer will be made via a prepaid card and the card will expire six months after the card is issued.

Lastly, the class action settlement also offers consumers the right to Binding Arbitration.

Please note that a consumer is free to pursue Non-Binding Arbitration directly with Ford Motor Company without participating in the class action settlement.

Our law firm obtains better settlements for our clients, and usually we can do so within six months. So please call us before you decide to pursue the class action settlement so that we can evaluate your case first.

Option 3Dealership “Buyback”

While Ford’s dealerships are calling it a “buyback,” this is actually a glorified trade-in whereby Ford’s dealerships will give the consumer slightly more than the Blue Book trade-in value,  sell the consumer a new Ford vehicle,  and roll debt still owed on the original vehicle into the loan for the new Ford. And, buyer beware – Ford is still using the exact same DPS6 Dual Clutch transmission system in the new 2016 and 2017 Fiesta and Focus! Please do not trade in your lemon for a new lemon without calling us first. The 2017 Ford Focus has the same problematic transmission.

As you can see by this comparison of your three options, the California Lemon Law provides consumers with far more favorable results by thousands of dollars! And Ford pays for all of our legal fees and costs. Using our law firm gets you thousands more than the class action or the dealership “buyback” and costs you absolutely nothing. We have already helped more than 750 Focus and Fiesta owners in the last three years and we want to help you!

In addition, we have worked with the same Ford attorneys over the past 12 years and we have an excellent working relationship with all of them. We always make every effort to see that your case is settled as quickly and efficiently as possible while obtaining the best possible result for you. We settle most of these cases within six months. We also send your settlement checks to you via overnight FedEx so that you do not have to wait to receive your settlement funds. These cases rarely go to trial and it is extremely unlikely that you will have to go to court for any reason while pursuing a lemon law claim on a Ford Focus or Fiesta.

If you are a California resident, purchased your Fiesta or Focus from a California dealership, and you are considering joining the class action or going with a dealership “buyback,” give us a call first. Our services are ALWAYS FREE to the consumer!

Call us toll free at 855-595-3666

for a free Lemon Law case evaluation