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.
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.
