Between 2004 and 2008, the Ford manufactured, assembled and marketed a Class of Vehicles containing latent defects. Since 2005 and up until 2012, Defendant has been on notice of consumer complaints regarding a Class of Vehicles (equipped with the 5.4L engine) identified and described more fully below. These complaints have been made directly to Defendant and/or submitted to the National Highway Traffic Safety Administration (“NHTSA”), Office of Defect Investigation.
These vehicles suffered from defects in design and/manufacture, which have led to the following performance and safety issues: acceleration hesitation, loss of revolutions per minute (“RPM”), stalling, loss of power (including loss of power at high rates of speed), sudden and intermittent deceleration and other similar and potentially life threatening malfunctions (hereinafter referred to as “Engine Problems”).
These Engine Problems are the result of defects in the following vehicle systems and components: the Powertrain Control Module (PCM), the Transmission Control Module (TCM), the Electronic Throttle Control (ETC) and/or the Throttle Body Assembly (TBA).
Despite having knowledge and notice of these dangerous and costly defects in the referenced engines/vehicles in question, and specifically identified in Ford’s Technical Service Bulletins, referenced below, Defendant failed to inform its dealership network of these problems and defects.
The class consists of the following: “All individuals within the United States and its territories, who currently own or lease a model year 2004 through 2008 Ford passenger car and/or light truck vehicle, sold in the United States and equipped with a 5.4 liter engine, and which includes the original Powertrain Control Module (PCM), Transmission Control Module (TCM), Electronic Throttle Control (ETC) and/or the Throttle Body Assembly (TBA). Class members alleging a breach of Express Warranty either own or lease a vehicle that is 8 years old or less, and has 80, 000 miles or less, as of the time of filing this action.”