— A Ford F-150 10-speed transmission lawsuit has been partly dismissed after 12 truck owners sued regarding the 10R80 automatic 10-speed transmissions.
All 2017-2020 Ford F-150 trucks are equipped with transmissions that allegedly make loud clunking or banging noise when the engines are started.
The 10-speed transmissions also allegedly cause these symptoms.
- Clanking noise
- Jerky and rough acceleration and deceleration
- Delayed engagement of the transmission and gears holding too long then roughly slamming into gear
- The vehicle fails to speed up when trying to accelerate
- The transmission slipping and jerking while accelerating and shifting gears
The 10R80 10-speed automatic transmissions allegedly can become damaged and catch fire, something FCA allegedly knew in 2017 when F-150 owners began complaining.
The plaintiffs further claim Chrysler issued its first technical service bulletin (TSB) about the F-150 transmissions in March 2018. The bulletins talked about F-150 transmissions that “may exhibit harsh/bumpy upshift, downshift and/or engagement concerns.”
Ford dealers were told to reprogram the powertrain control modules, but the class action says the dealer repairs didn't fix the F-150 problems.
The transmission lawsuit alleges Ford hasn't recalled the 2017-2020 Ford F-150 trucks and hasn't offered to reimburse owners and lessees, causing the trucks to decrease in value.
Motion to Dismiss the Ford F-150 10-Speed Transmission Lawsuit
Ford filed a motion to dismiss the lawsuit, but multiple claims were allowed to proceed in the 86-page order from Judge Robert M. Dow, Jr.
Some breach of implied warranty claims were dismissed for plaintiffs in certain states, while other state claims were allowed to proceed. Many of the allegations followed the same pattern, including counts for negligence, fraud, fraudulent concealment and unjust enrichment.
However, the important nationwide class action claims weren't dismissed after the judge ruled the issue of dismissal is too early at this stage.
Ford argued in its motion the “nationwide class allegations” should be dismissed under Rule 12(f) on the basis they are “facially and inherently deficient” given all of the “material distinctions among the different laws to be applied to the members of the proposed class.”
According to the judge, the issue is better left to the class certification stage of the case, after “class discovery, the plaintiff’s motion for certification, and the benefit of full briefing on the issue of class certification.”
The judge says Ford asserts, but makes no attempt to demonstrate, the 50 state laws governing express warranty, implied warranty, negligence, fraud/fraudulent concealment and unjust enrichment are so varied the plaintiffs cannot satisfy commonality requirements.
According to Judge Dow, “whether these differences destroy commonality is an issue for another day."
The Ford F-150 10-speed transmission lawsuit was filed in the U.S. District Court for the Northern District of Illinois: O'Connor, et al., v. Ford Motor Company.
The plaintiff is represented by Greg Coleman Law, and Wexler Wallace.
