Ford EcoBoost Lawsuit Continues Even Though Recall Was Issued

July 22, 2024 — A Ford EcoBoost lawsuit will continue in court after Ford failed to convince the judge an EcoBoost recall should shut down the class action lawsuit.

The Ford EcoBoost lawsuit, filed by 13 plaintiffs, alleges 1-liter 3-cylinder EcoBoost engines contain oil pumps that fail.

Those oil pump failures allegedly cause the EcoBoost engines to fail in these Ford vehicles.

2016-2017 Ford Fiesta
2018-2021 Ford EcoSport
2016-2018 Ford Focus

The EcoBoost lawsuit alleges Ford failed to disclose a "defect that prevents oil from circulating properly that destroys the engine, leaving consumers with a repair bill that frequently exceeds the value of the engine."

According to the Ford EcoBoost lawsuit, Ford has known about the engine and oil pump failures because dealerships have been issued technical service bulletins and special service messages about the 1-liter engines.

In December 2023, Ford recalled 2016-2018 Ford Focus and 2018-2022 Ford EcoSport vehicles equipped with oil pump drive belts or drive belt tensioners that could fail and decrease the engine oil pressure.

According to the Ford recall:

The "engine oil pump drive belt tensioner arm may fracture, separate from the tensioner backing plate, and/or the oil pump drive belt material may degrade and lose teeth, resulting in a loss of engine oil pressure."

In addition, the recall says the "instrument cluster will display a low oil pressure warning message and may also display a check engine light."

Motion to Dismiss the Ford EcoBoost Lawsuit

Ford's first argument for dismissal is simple as the automaker argues, "[none] of the named plaintiffs have taken advantage of the 2023 recall."

According to Ford, the plaintiff's claims, "are not ripe for judicial adjudication."

According to Ford, the recall provides for free replacement of a part believed to be the reason the lawsuit was filed. Ford contends until the plaintiffs have their vehicles repaired for free through the recall, their EcoBoost lawsuit is asking the judge to "deal in hypotheticals."

That recall argument failed with the judge because even though parts will be replaced for free, the plaintiffs still claim they suffered damages for "diminution in value of their vehicles, towing costs, rental car costs, and other out-of-pocket expenses."

The plaintiffs told the judge the Ford recall "does not make them whole," and the judge says the court must accept as true what the plaintiffs say, at least at this stage of the lawsuit.

Ford also argues the EcoBoost class action lawsuit includes Ford Fiesta and Ford Focus vehicles, but none of the plaintiffs own those models.

"Plaintiffs lack standing to bring claims about products they did not actually buy." — Ford

But Judge Gregory B. Williams disagreed with Ford, again saying he must take as true the allegations made in the lawsuit.

"When accepted as true, these allegations establish that the Class Members, including those members who bought or leased a Ford Fiesta or Ford Focus, purchased the same product, i.e., the 1.0L EcoBoost Engine. — Judge Williams

Ford also argues all the claims must be dismissed because they "rest on the assumption that there is in fact a defect," and the plaintiffs fail to plead "precisely what is wrong."

Again, the judge disagreed.

Though the EcoBoost lawsuit will continue, the judge dismissed express warranty claims, two Magnuson-Moss Warranty Act claims, claims seeking equitable relief and claims under the Michigan Consumer Protection Act.

The Ford EcoBoost lawsuit was filed by these customers: