— A Ford F-150 class action lawsuit has been partly dismissed concerning allegedly warped dashboards in 2015-2019 Ford F-150 XL and XLT trucks.
The Ford F-150 warped dashboard problem occurs in the areas around the defrost vents, or so alleges the eight truck owners who filed the class action lawsuit.
The Ford F-150 XL and XLT trucks allegedly contain defective dashboards (instrument panels) that bubble and warp, initially designated part number FL3Z-1504320-AG.
Only the XL and XLT trims are included in the Ford F-150 class action lawsuit, allegedly the least expensive trim options for F-150s.
According to the lawsuit, Ford knew about the F-150 warped dashboards but failed to properly fix them or use replacement dashboards that weren't defective.
The Ford F-150 lawsuit alleges the automaker knew in 2015 the dashboards were warping based on complaints from truck owners, yet Ford continued to sell the vehicles.
Ford had issued a special service message (SSM 472270) to its dealers letting them know about 2015-2018 F-150 trucks that may exhibit a "dash panel distortion at the defrost duct area. Engineering is investigating the condition. Do not attempt a repair at this time."
In February 2019, Ford issued technical service bulletin (TSB) 19-2041 to dealerships which called for replacement of the original dash with a new dashboard, part number KL3Z-1504320-SA. But the plaintiffs claim the replacement dash is just as defective as the original.
However, Ford allegedly used non-defective dashboards in more expensive F-150 trims, dashboards that don't bubble or warp.
Motion to Dismiss the Ford F-150 Warped Dash Lawsuit
The judge partly dismissed the dashboard class action lawsuit after hearing arguments from both sides.
In a huge blow to the lawsuit, Judge Roy K. Altman ruled there will be no nationwide class action lawsuit after Ford moved to dismiss claims from non-Florida plaintiffs.
In its motion to dismiss, Ford argues the lawsuit fails to connect the non-Florida plaintiffs’ claims to Florida in any way. The judge agreed because these plaintiffs all live outside of Florida, they bought their trucks outside of Florida and they received their warranties outside of Florida.
Additionally, the F-150 owners were allegedly defrauded outside of Florida, the alleged dashboard defects manifested outside of Florida and the F-150 owners got replacement dashboards outside of Florida.
With nationwide claims dismissed, Ford moved to a breach of express warranty claim it said should be dismissed because “most of the plaintiffs do not allege they gave Ford an opportunity to repair or replace their dashboards.”
Ford also argues “none of the Plaintiffs’ allegations shows that Ford would not or could not reasonably repair the defect within a reasonable number of attempts.”
However, the judge rejected Ford's argument because the dashboard lawsuit is clear the Florida plaintiffs, who are the only owners left in the lawsuit, did give Ford a chance to repair or replace their dashboards.
The judge also let stand a claim against Ford which alleges the automaker violated Florida’s Deceptive and Unfair Trade Practices Act and a claim Ford violated the Magnuson-Moss Warranty Act. The Warranty Act is dependent on state warranty claims which survive the dismissal bid.
The Ford F-150 warped dash lawsuit was filed in the U.S. District Court for the Southern District of Florida: Carter, et al., v. Ford Motor Company.
The plaintiffs are represented by Baron & Herskowitz, Handley Farah & Anderson PLLC, and Sauder Schelkopf.
