Unsuccessful fixes of defective devices at center of lawsuit called
“lipstick on [a] pig” by Ford
Company Website:
https://www.hbsslaw.com/cases/ford---myford-touch
SAN FRANCISCO -- (Business Wire)
A U.S. District Court judge today certified classes of consumers from
nine states in a lawsuit filed against Ford (NYSE: F) stating
that its MyFord Touch and MyLincoln Touch touchscreen systems are
defective, often crashing and freezing while the vehicle is in
motion, failing to respond to repeated voice and touch commands,
providing inaccurate GPS information and unable to connect to mobile
phones and iPods, according to Hagens Berman.
The classes of certified consumers includes those who purchased at least
one vehicle from Ford equipped with MyFord Touch from nine states,
including California, Colorado, Massachusetts, New Jersey, North
Carolina, Ohio, Texas, Virginia and Washington.
The lawsuit states that the MyFord Touch “infotainment” touchscreen
systems often crash and freeze while the vehicle is in motion, fail to
respond to repeated voice and touch commands, provide inaccurate GPS
information and are unable to connect to mobile phones and iPods.
Plaintiffs within the certified classes will now move forward with the
completion of merits, expert discovery and summary judgment motion
practice. According to Hagens Berman, plaintiffs look forward to
bringing their claims to trial, which is currently scheduled for April
2017 in front of the Honorable Judge Edward Chen of the Northern
District of California.
“While we are appreciative of the court’s careful consideration of the
class in this case against Ford, we will continue to fight for the
rights of all consumers who paid a heavy premium for dangerous,
defective in-car touchscreen systems,” said Steve Berman, managing
partner of Hagens Berman and the attorney representing vehicle owners.
“We will continue to fight for the rights of everyone affected by Ford’s
misconduct and hope to include more states of certified classes.”
The lawsuit was first brought in 2013 on behalf of owners of Ford and
Lincoln vehicles equipped with the MyFord Touch or MyLincoln Touch
systems, which were introduced by Ford in 2010. According to the third
amended complaint, Ford promised consumers the ability to seamlessly
operate audio controls, use a GPS navigation system, make phone calls,
manage control climate systems and play music straight from their
smartphone, but what they received was far from seamless.
Plaintiffs allege that Ford was aware of the problem even before the
first MyFord Touch and MyLincoln Touch-equipped vehicles were delivered
to consumers. Since the launch of the system, Ford has issued several
technical service bulletins and software updates, with no fix in sight.
In addition, the complaint documents a number of consumer complaints in
the National Highway Traffic Safety Administration’s database, all
detailing issues with the touchscreen system. The complaint also
chronicles the MyFord Touch/MyLincoln Touch problems experienced by
Ford’s own employees, dealers and executives.
“At best, what consumers paid for amounted to a pricey inconvenience,
failing to live up to even the most basic of Ford’s gilded promises,”
Berman said. “But in the worst scenarios, the failed MyFord Touch
system’s defects can be a hazardous distraction to drivers.”
Judge Chen’s order highlights the debacle of Ford’s unsuccessful fixes:
“…while Ford argues that ‘each new software version fixed bugs,’ such
that any problems with the various software versions are not identical
(Opp. at 33, 4), Plaintiffs have introduced statements from Ford
suggesting that the attempted fixes were unsuccessful. See Ex. 160
(referring to the fixes as ‘lipstick on [a] pig’).”
According to the suit, the system fails even while controlling crucial
vehicle functions, such as the defroster and rear-view camera, which are
controlled through the system, putting drivers and passengers at risk.
The MyFord Touch systems also reportedly failed to provide reliable GPS
navigation, and can suddenly turn off and back on with a message saying
it is “performing scheduled maintenance,” leaving the driver without any
ability to operate a multitude of critical functions while the vehicle
is in motion.
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.
View source version on businesswire.com: http://www.businesswire.com/news/home/20160928006469/en/
Contacts:
Hagens Berman Sobol Shapiro LLP
Ashley Klann, 206-268-9363
ashleyk@hbsslaw.com
Source: Hagens Berman Sobol Shapiro LLP
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