A new proposed class action lawsuit has Ford Motor Company joining the ranks of Volkswagen and Fiat Chrysler in being accused of using defeat devices in its diesel vehicles to cheat emissions testing.
Six named plaintiffs from across the country have joined together in filing the Ford diesel emissions cheating class action lawsuit, alleging that Ford falsely claims its popular Ford-250 and F-350 “Super Duty” diesel models are the “Cleanest Super Diesels Ever”, when it actuality they employ “defeat devices” to cheat emissions testing.
In the last two years, there have been major scandals involving diesel vehicles made by Volkswagen, Mercedes, Fiat Chrysler, and General Motors. Volkswagen plead guilty to criminal violations of the Clean Air Act, Mercedes is under investigation by the Department of Justice, and Fiat Chrysler has been sued by the EPA for violating the Clean Air Act for improper emissions in tens of thousands of its diesel vehicles. Additionally, General Motors is the subject of a lawsuit concerning the emissions of its Silverado and Sierra trucks.
Unfortunately, the plaintiffs in the Ford diesel emissions cheating class action lawsuit are saying that Ford is no different when it comes to the following models: model Year 2011-2017 F-250 and F-350 Super Duty diesel trucks. The 273-page complaint, filed on May 10, 2019 in Michigan federal court, notes that Ford’s vehicles spew high levels of nitrogen oxide and other pollutants many times higher than their gasoline counterparts – more than what a reasonable consumer would expect.
“Ford’s top selling Super Duty vehicles often emit far more pollution on the road than in the emissions-certification testing environment,” the Ford diesel emissions class action lawsuit states.
Specifically, the plaintiffs claim that Ford diesel vehicles exceed federal and state emissions standards and have emissions cheating software that turn down the emissions control when each vehicle senses that it is not in the certification test cycle.
In addition, the Ford diesel emissions cheating class action lawsuit asserts that Ford markets the vehicles as “fuel efficient” and “best-in-class” in fuel economy. However, according to the suit, failed to disclose to consumers that without manipulating its emissions cheating technology to turn down the emissions controls, Ford could not achieve the fuel economy and range it promises consumers.
“Increased sales, and thus increased profits, drove Ford to use at least a defeat device in its Super Duty diesel engines…this made Ford’s trucks more appealing and competitive in the marketplace, driving up sales and profits.”
The six named plaintiffs all say they suffered out-of-pocket losses as a result of Ford’s alleged reckless disregard in designing, marketing, and selling these vehicles without proper diesel emissions controls. The plaintiffs all believed they were purchasing or leasing “clean diesel” or “low emission diesel” vehicles based on Ford’s marketing and representation. None thought they were getting vehicles that actually reportedly emit unlawful or unexpectedly high levels of pollutants.
The plaintiffs seek to represent a Class of “all persons who purchased or leased a model year 2011-2017 Ford F-250 or F-350 Super Duty” as well as a nationwide RICO class.
The plaintiffs and the proposed class are represented by Steve Berman of Hagens Berman Sobol Shapiro LLP; E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC; James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC; and Christopher A. Seeger of Seeger Weiss LLP.
The Ford Diesel Emissions Cheating Class Action Lawsuit is Len Gamboa, et al. v. Ford Motor Company, et al., Case No. 2:18-cv-10106-DPH-EAS, in the U.S. District Court for the Eastern District of Michigan.