— A Ford paint peeling lawsuit failed class action certification even though owners claim their Ford Mustang, Ford Expedition and Ford Explorer vehicles are equipped with aluminum panels that rust.
The original Ford peeling paint lawsuit included 2013-2018 Ford Mustang, Ford Expedition and Ford Explorer vehicles with hoods and other panels that corrode.
This causes the paint to bubble, flake, peel and blister, and the paint warranty is allegedly a "sham" because rust and corrosion aren't covered by the warranty.
Instead, the paint warranty coverage is limited to perforation of the aluminum panels. According to the class action lawsuit, Ford gets out of paying for damaged paint because aluminum doesn't "perforate."
According to the Ford paint class action, the alleged problems originate from design defects.
"The 'design strategy for the leading edges of the Mustang and Explorer hoods (included in the Class Vehicles) was to seal the hem against moisture exposure and stagnation in an attempt to prevent corrosion initiation at the trim edge.'”
But the plaintiffs claim, “[o]n the Mustang and Explorer hoods, Ford only applied over-hem sealer to the leading edge of the hoods, not the full perimeter.”
“Because there is no drain path from the leading edge hem, when water or condensate enters from other unsealed portions of the hood hem and drains downwards to the front hem section, it becomes entrapped under the over-hem sealer at the leading edge.”
According to the paint peeling class action lawsuit, Ford's design is defective because the hem on the leading edge of the hood cannot be kept dry without a full-perimeter over-hem sealer.
And on the Expedition, the class action alleges Ford didn't apply any over-hem sealer and the leading edge is hemmed with a flat-hem design that leaves no path to drain trapped moisture.
The Ford peeling paint lawsuit asserts the automaker issued four technical service bulletins to dealerships regarding the aluminum hoods and panels, allegedly showing Ford knew there were rust and corrosion problems.
Ford Paint Peeling Class Action Lawsuit Certification
Following several court decisions in this case that began in 2018, the plaintiffs sought an order from the judge certifying these classes of customers.
- Unfair or Deceptive Design Defect Class: All current owners who purchased a new or used 2013-2016 Ford Mustang, 2013-2017 Ford Expedition or 2013-2018 Ford Explorer from a Ford dealership in California, Florida or New York.
- Unfair or Deceptive Warranty Class (Perforation): All current owners who purchased a new or used 2013-2015 Ford Mustang, 2013-2015 Ford Expedition or 2013-2015 Ford Explorer from a Ford dealership in California, Florida or New York.
- Unfair or Deceptive Warranty Class (Ineffective Repair): All current owners who purchased a new or used 2013-2016 Ford Mustang, 2013-2017 Ford Expedition or 2013-2018 Ford Explorer from a Ford dealership in California, Florida or New York.
- Unjust Enrichment Class: All current owners who purchased a new or used 2013-2016 Ford Mustang, 2013-2017 Ford Expedition or 2013-2018 Ford Explorer from a Ford dealership in California, Florida, Illinois, Indiana, New Jersey, New York, North Carolina or Pennsylvania.
Judge Rodolfo A. Ruiz II denied class action certification because the plaintiffs don't have “standing to bring claims for products that they did not purchase.” The judge also says the plaintiffs are “prohibited from asserting claims under a state law other than that which the plaintiff’s own claim arises.”
As for seven plaintiffs listed as class representatives, the judge ruled those plaintiffs cannot serve as class representatives for vehicles none of them owned or leased, and they cannot bring a lawsuit under state laws completely disassociated from their own claims.
This means the plaintiffs lack standing to bring suit on behalf of Expedition owners, purchasers of Ford vehicles later than model year 2016, and plaintiffs outside the states of California, Florida, New York, Indiana and Illinois.
The judge also found issues regarding claimed warranty repair rates and the class definitions. According to the judge, the Ford paint peeling class action lawsuit would include about 800,000 owners, but the vast majority never had any corrosion or paint problems with their Ford vehicles.
While the plaintiffs tried to prove all the vehicles share a common design defect, the judge found there are huge differences not only in models and model years, but also in manufacturing techniques within various production runs of the same model and model years.
The judge denied class action certification based on these differences in models and model years.
- The shape of the hoods and their varying ability to capture fluids.
- The amount and placement of adhesive added to the edges of the panels.
- How the panels are stored in racks following manufacture but before installation as the oils and lubricants used in the stamping and hemming process collect in the panels’ cavities.
- Cleaning and conditioning, pretreatment and painting of the aluminum panels.
- The type of aluminum used in the hoods which was switched to a low-copper aluminum alloy beginning in late 2013 models.
The judge says it is "nonsensical" for the plaintiffs to ask the court to ignore these differences.
The Ford paint peeling class action lawsuit was filed in the U.S. District Court for the Southern District of Florida: Simmons, et al., v. Ford Motor Company.
The plaintiffs are represented by Carella, Byrne, Cecchi, Olstein, Brody & Agnello, Gordon & Doner, and Robbins Geller.
