The class action lawsuit was brought on behalf all persons in the United States who purchased or leased, not for resale, any 2005 through 2007 Ford Freestyle or 2005 through 2001 Mercury Montego vehicles equipped with a continuously variable transmission (“CVT” or “CVT Transmission manufactured, distributed, and sold by Ford Motor Company (Defendant”)
As alleged in the complaint, beginning in 2005 Defendant knew or should have known that the Class Vehicles and their CVT Transmission contain one or more design and manufacturing defects that causes them to prematurely breakdown and suffer mechanical failure (”the CVT Defect” or “CVT Transmission Defect”).
A continuously variable transmission is a type of automatic transmission that allegedly provides more useable power, better fuel economy and a smoother driving experience than a traditional automatic transmission. Unlike traditional transmissions, a continuously variable transmission uses a system of pulleys with metal belt or chain running between them which enables the engine to run at its most efficient revolutions per minute (RPM) for a range of vehicle speeds.
When premature breakdown and mechanical failure occurs, the affected Class Vehicles are no longer safe to operate and require repairs costing thousands of dollars. Furthermore, due to the nature of the CVT Transmission Defect, consumers have frequently experienced and will continue to experience unexpected and premature CVT Transmission failure while driving. CVT Transmission failure while driving results in unsafe conditions, including but not limited to loss of forward propulsion, significant delays in acceleration, loud noises coming from the CVT Transmission, Class Vehicles operating in emergency running mode, drivers receiving error messages, stalling, and the inability to use the reverse gear.
These conditions present safety hazard due to the sudden and unexpected transmission failure that Class Vehicles can experience while in operation. The Class Vehicles and their CVT Transmissions can fail, suddenly and unexpectedly, at any time and 4 under any driving condition or speed. Further, sudden loss of forward propulsion and delayed acceleration can have serious effects on handling, stability, acceleration, and maintenance of speed. These conditions and risks can thereby contribute to traffic accidents which can result in personal injury or death.
As alleged, since 2005, Ford has known that the CVT Transmissions were defectively designed, assembled, and manufactured. Rather than alerting Class Members of this safety hazard and offering to repair the Class Vehicles, Ford has concealed this problem from its customers at the time of purchase or lease and thereafter.
Because Ford will not notify Class Members that the CVT Transmission is defective, Plaintiff and Class Members (as well as members of the general public) are subjected to dangerous driving conditions that often occur without warning. As a result of the CVT Transmission Defect, Ford, through its dealers, has also profited by selling replacement parts to Class Members.
As a result of the CVT Transmission Defect contained in the Vehicles, Plaintiff and the Class Members have been harmed and have suffered actual damages in that the Class Vehicles and their CVT Transmissions have failed or are substantially certain to fail during their expected useful life.
See the Complaint here: Ford CVT