— A Ford Explorer exhaust settlement is final for former and current lessees and owners of 2016-2017 Explorers.
The Ford Explorer exhaust settlement includes:
"All entities and natural persons in the United States (including its Territories and the District of Columbia) who currently own or lease (or who in the past owned or leased) a model year 2016 and 2017 Ford Explorer sold or leased in the United States, excluding 2016 and 2017 Police Interceptor Utility Ford Explorers." — Ford Explorer exhaust settlement
The Explorers allegedly have defective exhaust, heating, ventilation and air conditioning systems that allow exhaust fumes and carbon monoxide to enter the cabins.
Ford denies all the allegations in the Explorer exhaust class action lawsuit and says it decided to settle to put an end to the long litigation.
Ford Explorer Exhaust Settlement
Ford has been issuing technical service bulletins (TSBs) and free customer service programs over the past years. And even though the bulletins and programs were created long before the class action settlement, these older bulletins are named as "benefits" of the class action settlement.
Ford Explorer exhaust repairs under field service action (FSA) 17N03 (announced in 2017) and FSA 19N05 (announced in 2019) are in effect until July 31, 2022.
You can verify if your Ford Explorer has already received the FSA repairs by visiting www.ExplorerExhaustSettlement.com and using your vehicle identification number (VIN).
If the FSA repairs didn't resolve the exhaust fume problems, a customer can visit a Ford dealer and ask about repairs under the May 2017 TSB 17-0044.
The bulletin related to reprogramming the HVAC module, sealing and patching of any holes or air leaks and the installation of exhaust tips in Ford Explorers with 3.5L twin independent variable camshaft timing (TiVCT) engines.
However, according to the settlement, these TSB repairs are free only if the Explorer is still under warranty, which is not likely because the vehicles are model years 2016 and 2017.
This means the "benefit" of the settlement requires you to partially pay for repairs.
You may be entitled to a partial reimbursement as explained below.
Partial Reimbursement of Post-Warranty Repair Costs
If you have the TSB repairs performed on your Explorer after expiration of the warranty and you pay (or have paid) a Ford dealer for the parts and labor, you are eligible for partial reimbursement if the repairs occur within the later of the below periods:
- Repairs occurring within 4 years or 48,000 miles after the vehicle was placed in service (whichever comes first).
- Repairs occurring on or before November 11, 2021.
Such TSB repairs shall be reimbursed as follows:
- Up to $400 of the costs for the inspection and sealing of gaps in the passenger compartment.
- Up to $400 of the costs for the installation of a modified exhaust system in Ford Explorers equipped with a normally aspirated 3.5-liter TiVCT.
Ford Explorer customers must submit a claim by June 30, 2022, or 120 days after the date of the TSB repair for which partial reimbursement is sought, whichever is later.
The exhaust fume settlement says an Explorer owner must provide the VIN, proof of vehicle ownership, evidence to show a TSB repair was performed and the date of the repair, the mileage when the repair was made and the amount paid by the customer.
The three plaintiffs who sued will receive a combined $30,000, and the attorneys representing the plaintiffs will receive $3.5 million.
The Ford Explorer exhaust settlement occurred in the U.S. District Court for the Eastern District of Michigan, Southern Division: Persad, et al., v. Ford Motor Company.
The plaintiffs are represented by the Miller Law Firm, P.C., and Kessler Topaz Meltzer & Check, LLP.
