Class-action lawsuit says owners deserve reparation for Ford
knowingly selling so-called “track-ready” cars with defective and
dangerous powertrains
Company Website:
https://www.hbsslaw.com/cases/ford-shelby-gt-mustang-overheating
MIAMI -- (Business Wire)
Consumers
nationwide today sued Ford for knowingly selling allegedly defective
Shelby GT350 models that while marketed as “track-ready” cannot actually
be operated safely on a racetrack, according to Hagens Berman and
Grossman Roth Yaffa Cohen, co-counsel law firms representing the
plaintiffs.
According to the lawsuit, after spending a big premium to own a piece of
racing history, drivers soon learned that once on the track, their
track-ready vehicles can lose speed and power mid-drive, without warning
and in as little as 15 minutes.
The firms say that Shelby owners paid high prices for an iconic car
named after racecar royalty, Carroll Shelby. Instead of receiving the
modern-day epitome of Mustang performance and racetrack-ready power,
thousands of owners have been left with pricey vehicles that in no way
live up to Ford’s marketing that promised a “track-ready” hotrod, and
could put drivers and passengers at risk of crash and injury.
Shelby GT350 owners are being represented by leading auto defect
consumer-rights law firm, Hagens Berman, which achieved the then largest
automotive settlement in U.S. history – $1.6 billion against Toyota for
a concealed defect and Grossman Roth Yaffa Cohen, a nationally
recognized trial law firm. Hagens Berman is also leading litigation
against General Motors for its ignition switch defects as well as other
national lawsuits against Volkswagen and Mercedes for illegal use of
emissions-cheating software.
If you own or lease a 2016 Shelby GT350 Mustang Base model or Technology
Package model, you may be entitled to compensation for this defect that
inhibits your car’s performance. Contact
Hagens Berman to find out more about this issue and your consumer rights
against Ford.
The ability to purchase a track-capable car that could also operate on
the street is a key factor in what led purchasers to buy the Shelby
GT350 Mustang, according to the suit, but Shelby GT350 Mustangs with the
Base Model or Technology Package model can overheat due to defective
transmissions and rear differentials that cannot keep cool enough to
function at high speeds without external transmission and differential
coolers. When this occurs, the vehicles go into Limp Mode, where the
vehicle suddenly loses power and rapidly decelerates. As a result, these
“track-ready” race cars prove useless on the racetrack and drivers don’t
get what they paid for.
The lawsuit, filed Mar. 22, 2017, in the U.S. District Court for the
Southern District of Florida, seeks monetary damages for a proposed
nationwide class of consumers who purchased or leased the affected
vehicles, as well as injunctive relief for Ford’s misconduct related to
the design, manufacture, marketing, sale and lease of affected vehicles.
“When Ford marketed and sold these Shelby GT350 Mustangs, it knew
exactly how to appeal to track-enthusiasts: it marketed enhanced
performance in a limited-edition iconic vehicle that has been associated
with racing for generations,” said Steve Berman, managing partner of
Hagens Berman. “We believe that Ford induced purchasers with its
‘track-ready’ marketing, when in fact it knew that this defect would
ultimately bar these Mustangs from ever being the hotrod consumers paid
for.”
"Ford's only answer to owners has effectively been, 'pay for a fix on
your own dime,'" Berman added.
The complaint states, “Mustang testimonial websites and Ford customer
service files are replete with complaints from consumers who reasonably
believed that their Class Vehicles would in fact be ‘Track-Ready,’ but
have been put at risk of accident on race tracks and during non-track
driving when the defective transmissions and rear differentials
overheat, causing the cars to go into Limp Mode at drastically reduced
speed and performance.”
According to attorneys, Ford engaged in deceptive business practices in
violation of several consumer protection statutes when it failed to
disclose the defective “track-ready” powertrain system. It instead
continued to market Ford vehicles as fully capable of track performance,
safe, reliable and high quality.
“Shelby owners sought these vehicles specifically because they
appreciate fast cars and the legacy of the Mustang, and wanted to own a
piece of racing history – to live the dream of being able to own a car
that could be used for everyday driving and also had the power and
performance for the racetrack,” said Stuart Grossman, founder and
partner at Grossman Roth Yaffa Cohen. “What Ford sold them was nothing
of the sort.”
Plaintiffs also allege that the failure of Ford to properly fix the
powertrain defects at no cost is a breach of express warranty.
The lawsuit seeks reimbursement and all damages permitted by law for
vehicle owners, including diminution in value of the affected Shelby
GT350 Mustangs and/or loss of the benefit of the bargain, in an amount
to be proven at trial to compensate owners for Ford’s fraud that put
drivers at risk. Plaintiffs also seek an order enjoining Ford’s
deceptive marketing and sales acts and practices, as well as punitive
damages.
Learn
more about the lawsuit against Ford.
About
Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law
firm with offices in 10 cities. The firm has been named to the National
Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm
and its successes can be found at www.hbsslaw.com.
Follow the firm for updates and news at @ClassActionLaw.
About Grossman Roth Yaffa Cohen
Grossman Roth Yaffa Cohen is a team of award-winning trial attorneys
devoted to helping individuals and businesses damaged by other’s
negligence or misconduct seek the justice to which they are entitled.
From its four offices throughout Florida, the firm is focused on the
catastrophically injured and high-stakes litigation in state and federal
courts in Florida and around the nation covering multiple areas of trial
law, including medical malpractice, product liability, personal injury,
wrongful death and complex litigation cases. Grossman Roth Yaffa Cohen
is extremely selective about who it chooses to represent because the
firm is dedicated to ensuring clients receive the personal attention
they deserve during their representation. For nearly 30 years, Grossman
Roth Yaffa Cohen has achieved a record of jury verdicts and settlements
for its clients totaling more than one billion dollars and has been
recognized with multiple national and regional awards, such as the
LawDragon 500 Leading Attorneys in America, the Perry Nichols Award,
Florida Trend’s Legal Elite and Top Attorneys in Florida. To learn more
about Grossman Roth Yaffa Cohen, visit www.grossmanroth.com
or call 888-296-1681.
View source version on businesswire.com: http://www.businesswire.com/news/home/20170322006254/en/
Contacts:
Hagens Berman Sobol Shapiro LLP
Ashley Klann, 206-268-9363
ashleyk@hbsslaw.com
or
for
Grossman Roth Yaffa Cohen
Josh Merkin
Josh.merkin@rbbpr.com
305-967-6667
Source: Hagens Berman Sobol Shapiro LLP
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