Will “Limp Home” Mode Lawsuit Lead to Ford Auto Recall?
After recently reporting on this blog about customer complaints and a potential class-action lawsuit regarding Ford’s alleged door locking and latching problems in cold weather, another potential class action lawsuit is threatened against the automaker.
This time, Ford and Lincoln owners are complaining that throttle body problems are causing their cars to suddenly enter “limp home” mode and “abruptly decelerate” or “completely lose power” without warning—and sometimes while traveling at speeds as high as 70 mph.
According to some customers the throttle body problem has not been resolved even after undergoing dealer repair services—leaving some to consider Lemon Law, consumer fraud, or breach of warranty claims, depending on how long they may have owned the car or how much mileage it has on it.
If you were enticed to buy or lease a new truck branded to be “Ford Tough” and it conked out in the fast lane without warning on multiple occasions, forcing you to try to limp over to the shoulder, would you feel the advertising was deceptive or you got short-changed?
Well, if you didn’t get what you bargained for when you bought or leased your new vehicle or you find that the vehicle is repeatedly in the shop for recurrent unresolved repairs, you may be entitled to relief under the Lemon Law.
Depending on the state you live in and the particular circumstances of your case, you may be entitled to a new car, a full refund, or a cash settlement. But you have to act quickly as Lemon Law claims are limited by mileage and time from date of purchase or lease. In Pennsylvania the limit is 12 months or 12,000 miles whereas in New Jersey the limit is two years or 24,000 miles.
In addition to the Lemon Law, auto consumers are protected by consumer protection statutes such as the Pennsylvania Unfair Trade Act and the New Jersey Consumer Fraud Act. These statutes are intended to protect consumers from fraud which generally covers unfair methods of competition and unfair or deceptive acts or practices regarding the sale of goods or services, including automobiles.
With respect to the Ford throttle body problem lawsuit, an earlier National Highway Traffic Safety Administration (“NHTSA”) investigation did determine that there was “electrical connectivity problems in the electronic throttle body”, however that investigation involved different vehicles and engines than those in a recent lawsuit. The post-investigation outcome was merely a “customer satisfaction program” with an extended warranty on the throttle body rather than an auto recall.
The Ford throttle body lawsuit claims that “Ford concealed knowledge of the alleged defect and has done nothing to correct the throttle body problems” and seeks to compel Ford to “recall, repair, or replace the vehicles and extend the warranties”.
If you suspect you have a claim, the Law Offices of Timothy Abeel & Associates specializes in Lemon Law, breach of warranty, and fraud cases and will be able to help. Call us at 888-830-1474 for a free consultation.