Shelby GT350 Mustang Owners File New Class Action Lawsuit Against Ford for Fraud

[Tank]

Sorry man, no offense was intended nor did I mean to appear to be calling you out specifically; I was merely using your post, which was the middle of three that spoke of negative impact, to illustrate that this has already spilled back on Ford (corporate), Ford Performance, and the GT350 brand. If I came across as a troll, please forgive me.

With some in the media rushing to get a story out and lumping all GT350s in the mix, everyone who owns one of these cars - regardless of model year or equipment - has skin in the game now.

It's unfortunate for all involved that it came to this, the filing of a lawsuit. Because in the end, there's going to be lots of money spent, a fair amount of disappointment, maybe some regret, and a hollow victory and vindication for one side or the other. Hollow, because everybody's going to lose something - even those on the winning side.

No offense taken and really no need to apologize. Thank you though, I very much appreciate you taking the time. Please know I was not calling you a troll, I was asking about your behavior. To me, those are important differences. I do not think you are a troll, it's just that your original quote of me seemed disconnected.

I could agree more about your comment on everyone having skin in the game.

Any thoughts on my trademark argument? Not with your 'win your case at any cost' perspective but from a place a bit more objective?:lol::cheers:
(I know this is a highly specialized segment of the law and I don't mean to put you on the spot.)

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[Muligan]

Any thoughts on my trademark argument? Not with your 'win your case at any cost' perspective but from a place a bit more objective?:lol::cheers:
(I know this is a highly specialized segment of the law and I don't mean to put you on the spot.)

If I remember correctly, I believe that Carroll Shelby Licensing, Inc. owns the "Shelby" name and "GT350" moniker and Ford uses those under license - most certainly at a per-car cost. As such, neither the plaintiffs nor the putative class will have standing to bring a dilution claim. There is the possibility for the licensing entity to join the suit, but that would be unlikely. Instead, I would expect that if they want to jump in, they would do so via a separate breach of contract (i.e., the licensing agreement) suit against Ford. But, that probably wouldn't happen until the class action is resolved and, even then, only if Ford admits liability. If the class action fails or if Ford settles with no admission of liability, then the licensing entity would have a difficult time showing damages, meaning a breach of contract claim probably wouldn't go anywhere. This is all predicated on the existence of a "no-harm" clause in the license, which is a best practice when granting use of an iconic brand or mark.

Better use of your argument would be by the plaintiffs in the form of a claim that they paid a premium for the car, both intrinsically in the value of the name / brand and directly in the form of a portion of the licensing fees. They would then have to show that they didn't get what they bargained for, establishing some form of economic harm or loss. Probably a long-shot on this, though, as the dealer was Ford's customer, not the plaintiffs - they were the dealers' customers - and that disconnect is something that Ford will likely leverage to separate their purchase from the licensing fees.... basically back to the "no standing" defense.

 

[Tank]

If I remember correctly, I believe that Carroll Shelby Licensing, Inc. owns the "Shelby" name and "GT350" moniker and Ford uses those under license - most certainly at a per-car cost. As such, neither the plaintiffs nor the putative class will have standing to bring a dilution claim. There is the possibility for the licensing entity to join the suit, but that would be unlikely. Instead, I would expect that if they want to jump in, they would do so via a separate breach of contract (i.e., the licensing agreement) suit against Ford. But, that probably wouldn't happen until the class action is resolved and, even then, only if Ford admits liability. If the class action fails or if Ford settles with no admission of liability, then the licensing entity would have a difficult time showing damages, meaning a breach of contract claim probably wouldn't go anywhere. This is all predicated on the existence of a "no-harm" clause in the license, which is a best practice when granting use of an iconic brand or mark.

Better use of your argument would be by the plaintiffs in the form of a claim that they paid a premium for the car, both intrinsically in the value of the name / brand and directly in the form of a portion of the licensing fees. They would then have to show that they didn't get what they bargained for, establishing some form of economic harm or loss. Probably a long-shot on this, though, as the dealer was Ford's customer, not the plaintiffs - they were the dealers' customers - and that disconnect is something that Ford will likely leverage to separate their purchase from the licensing fees.... basically back to the "no standing" defense.

Not the best news but I am hopefully CSL will be interested...
Thanks for the quick opinion.

 

[Muligan]

Not the best news but I am hopefully CSL will be interested...
Thanks for the quick opinion.

Doesn't mean that the guys in Las Vegas can't burn up the phone lines to Dearborn telling them to get this fixed and fixed fast.

If Ol' Shel was still around, you can be dang sure that he'd be putting his cowboy boot up someone's behind and demanding answers.

 

[Hack]

You just don't get it my friend. The GT350 is a passenger car designed and outfitted for street use. It has turn signals, lights, air bags and all the other stuff that makes it a passenger car. Take it out on a race track and eventually it will break or have issues of some kind. Simple concept that is difficult for some. Take your Shelby out on a track where you smash it to the floor and lift out of it twice every lap for 500 miles and you will never finish because it is NOT a race car. Ford owes none of you guys a nickel as they did not sell you a race car.

You're not being very friendly and I'm obviously not your friend. Every car on the track was a passenger car built for the street with all that crap you are talking about such as turn signals. None of us were racing. Those cars such as VWs and the crown victoria were more track capable than the GT350. Their owners were flooring it and hitting the brakes just the same as I was.

I don't know why you don't understand the word "race". It's very simple. I think you are purposely pretending like you think the word means something different than it really does. Your purpose being irritating or contradicting me and others who bought tech/base GT350s. The event I was at was not a race. It was not timed and there were no winners. People didn't start together and there was no checkered flag for the winner.

 

[50 Deep]

I try to refrain from engaging in these threads, but here is my .02 cents on the matter as a tech package owner. Hopefully the information comes across as rational and helps those who picked the track pack understand where SOME of the sour grapes come from.

I am relatively mechanically inclined, and did my research prior to selecting which package I wanted. For the most part I find that doing install/removal of mechanical components is far easier than electrical work. Therefore adding the coolers to the tech car did not seem like much of a challenge. Less of a challenge then trying to deal with the electronics to upgrade the audio or swap seats. I knew that I did not plan to RACE my vehicle, so 99% of the time I would not need coolers or be affected by their absence. I also knew that the cost of the upgrade would be on my dime, not Fords.

With that said, there are certain pieces of information that were not provided to dealers or customers.

1) There was never any indication or a thought in any consumers mind that the tech car would hit limp mode on the street. Any possibility of that would have been unacceptable to most buyers, and assuredly would have pushed them toward considering the track package option.

2) There was no readily available information to show consumers planning to upgrade the coolers later on that the transmission casing itself was different between vehicles. Not to mention separate wiring harnesses for the differential. Had consumers known that the level of work involved to swap over to the cooled setup that probably would have pushed them toward the track package as well. Although I can swap a transmission, if I had known it was required for OEM integration it would have been a factor to consider.

3) There is a difference between an Autocross, HPDE and race event. Driving 10/10ths on a timed lap is far more strenuous than driving fast on track at an HPDE or auto-x. The engineers/marketers/developers knew that the tech would not survive a full HPDE event or auto-x, and had a general idea of how long before the transmission would hit a protective limp mode. Had consumers known that the vehicle would not make it through even an occasional HPDE or Auto-x it would have been another factor to Consider prior to purchase

4) The upgrade later provided by Ford is essentially OEM components that also come on the Track/R package car. They are not specially engineered or changed otherwise. Decisions were made to offer it under a Ford Performance part number, as opposed to the normal stock numbers. As we know all FP parts do not carry a warranty. It makes one wonder why Ford would not allow warranty coverage on the exact components shared by the same model vehicles. I don't mind paying for the upgrade, but why not provide me the same protections as those with the exact same parts?

5) The reasons for removal of the temperature readouts on the technology package car is something I don't think most understand. Many reviews of the vehicle were conducted in technology packages by bloggers, magazines, etc. Much more awareness to the detriment/effects of not having coolers in regular street driving became apparent once owners were able to enable that gauge functionality. Being able to see how hot the mechanical components were getting would have been reported much sooner and would have been another factor for buyers to consider prior to purchase

I totally understand the argument that buyers need to conduct research prior to purchase, and the responsibility is ultimately that individuals. What I don't get is the attitude of "You wanted sofa seats so that is what you get." What I think people need to understand is that not all the information that could have been shared, was actually shared. If everyone was able to find out what we knew now, and its information Ford had, then I think many would have made different choices had they had all the information to consider.

What we are left with is a failure on the marketing departments behalf in choosing to offer incomplete packages. This affects values of anyone with a 2015/2016, because the 2017 has it all. I can guarantee that when track pack owners try to sell their cars they will also see diminished value because the 17 also has the electronics. Everyone loses.

I cant blame the dealers because they didn't know either. I cant blame the engineers or FP because something tells me they had all these facts, but decisions were made out of their hands to market the cars a certain way. It is not a happy situation no matter which side of the court you are standing on.

 

[snaproll]

I can hardly wade through 13 pages but read enough to want to barf. The complainers are a bunch of whiners. A Ford GT won't last 3 laps before limping yet a bunch of Mustang Buyers now think they bought a GT3RS. Well, you didn't. It's a Mustang and now it has nannys that slow it down a bit for better or for worse. Just like the advertising said, you need a track pack to get track like performance from the car. While I understand reading comprehension is not a strong suit for many, the failure to read should not cost the rest of us Mustang enthusiasts money.

What really saddens me is the blame culture. This is what's wrong with America. No personal responsibility. You folks are doing your best to ruin it for the rest of us. Man up and figure out your car. It's a hot rod after all. If you are going to beat into submission on track (which I suspect 90%+ of owners are not), then modify it with a cooler setup and enjoy. The rest of this discussion is just noise. Rant over.

 

[Ctease]

Lawsuit hangs its hat on "track-ready". It was used in Ford ad caption. But same photo also say "avaliable equipment".

If interior photo of leather seats said "refined leather seating" or even "refined seating" and "avaliable equipment". Could people with no leather sue over claims? No of course not.

A secondary less used complaint of the lawsuit sites a pamphlet. The Ford media pamphlet states track capable but also says in the same section Track Package and R models have coolers for track and high speed driving.

The lawsuit also claims high speed driving is 125+mph. No reasonable person believes a car should be operated at 125+mph for extended periods of time. Especially if track package was avaliable for track & high speed driving. Just like trucks have an optional Towing Package that include transmission cooler. People don't sue when a manufacture says most capable towing vehicle in it's class but they don't opt for optional towing package.

Terms track-ready, track capable are subjective and always included language pointing towards avaliable equipment.

 

[Rogue]

I can hardly wade through 13 pages but read enough to want to barf. The complainers are a bunch of whiners. A Ford GT won't last 3 laps before limping yet a bunch of Mustang Buyers now think they bought a GT3RS. Well, you didn't. It's a Mustang and now it has nannys that slow it down a bit for better or for worse. Just like the advertising said, you need a track pack to get track like performance from the car. While I understand reading comprehension is not a strong suit for many, the failure to read should not cost the rest of us Mustang enthusiasts money.

What really saddens me is the blame culture. This is what's wrong with America. No personal responsibility. You folks are doing your best to ruin it for the rest of us. Man up and figure out your car. It's a hot rod after all. If you are going to beat into submission on track (which I suspect 90%+ of owners are not), then modify it with a cooler setup and enjoy. The rest of this discussion is just noise. Rant over.

+350

 

[lemers]

Just to be clear [MENTION=21736]snaproll[/MENTION]; the GT THEY comparing to is the Mustang GT not the Ford GT. Why, is it relative even when they are different cars? Because Ford claimed the the GT350 was the "most track capable mustang ever" . And they didn't identify any trims.


So i may be a whinner but unless the GT350 can handle the same track events a Mustang GT can, without modifications; then Ford lied.

 

[Ctease]

...Ford claimed the the GT350 was the "most track capable mustang ever". And they didn't identify any trims.

According to the actual lawsuit that claim was made in Ford media pamphlet.

The exact same section in the exact same pamphlet it also says the following. So if someone made a decision based on the pamphlet claim then they are admitting to reading the documentation about importance of coolers. So I think using that pamphlet in the lawsuit is a big mistake because it proves Ford gave required information. Ford can not be held responsible for people not understanding English or selectively reading the pamphlet.

I'm just pointing out the lawsuit sucks. What I've said has nothing to do with wether or not I believe people have a grevience. I'm only looking at the facts presented in the lawsuit.

"Staying cool
Every aspect of Shelby GT350 is built for track capability, and the transmission is no exception. Managing temperatures and ensuring sufficient lubrication is key to real-world track durability. The GT350 Track Package and GT350R have a unique oil-to-air transmission cooler that is fed by a gerotor pump integrated into the housing of the transmission. This arrangement ensures the transmission stays cool and properly lubricated, but it also brings the added benefit of keeping transmission heat out of the coolant circuit. The result is an engine radiator dedicated to engine cooling, and a smaller, lighter design.
The air-to-oil transmission cooler is mounted directly behind the front fascia with its own dedicated ducting. Significant aerodynamic work was done to perfect the cooler angle and duct shape to ensure airflow is distributed over the entire face of the cooler for maximum efficiency. Finally, a sensor is included in the transmission to warn the driver via the gauge cluster of an overheat condition, in the very unlikely event a driver might overwhelm the cooling capacity of the transmission."

 

[snaproll]

Just to be clear [MENTION=21736]snaproll[/MENTION]; the GT THEY comparing to is the Mustang GT not the Ford GT. Why, is it relative even when they are different cars? Because Ford claimed the the GT350 was the "most track capable mustang ever" . And they didn't identify any trims.


So i may be a whinner but unless the GT350 can handle the same track events a Mustang GT can, without modifications; then Ford lied.

No. This ain't rocket science. A stock old Mustang GT doesn't have a trans temp sensor. For those of you who think your trans is going to vaporize at 250 degrees, you are looking at this all wrong in my opinion. Any mustang with this kind of power and without a trans cooler - whether it's a fox body or whatever - is going to have some insane trans temps if driven hard at the track. It's physics. Fortunately most have no idea what the temps are so and there is no nanny to "protect" the fluid - so you just run the car. Have you or anyone else tried pulling temp sensor or otherwise programming around it? Run it at 350 degrees - I bet you it works just fine. How many laps will that give you? Change the fluid every event and drive on. Just sayin.

My point about the Ford GT was simply that the POS couldn't run 3 laps because of engine temps. Did anyone complain about their $150,000 supercar. No. You know why I think that is? Because the guy that could afford a $100-300k GT understands personal responsibility or he/she wouldn't be able to afford it in the first place. The trans temp on a GT350 is a minor issue. In my opinion it does not help to encourage Ford to deliver awesome car choices to enthusiasts if they are going to get sued because the car is a bit too bad ass for the trans on track in stock form. Just like the book says it is. Keep this attitude up and we'll be driving Camaros with a slushbox lol.

 

[cam2]

I can hardly wade through 13 pages but read enough to want to barf. The complainers are a bunch of whiners. A Ford GT won't last 3 laps before limping yet a bunch of Mustang Buyers now think they bought a GT3RS. Well, you didn't. It's a Mustang and now it has nannys that slow it down a bit for better or for worse. Just like the advertising said, you need a track pack to get track like performance from the car. While I understand reading comprehension is not a strong suit for many, the failure to read should not cost the rest of us Mustang enthusiasts money.

What really saddens me is the blame culture. This is what's wrong with America. No personal responsibility. You folks are doing your best to ruin it for the rest of us. Man up and figure out your car. It's a hot rod after all. If you are going to beat into submission on track (which I suspect 90%+ of owners are not), then modify it with a cooler setup and enjoy. The rest of this discussion is just noise. Rant over.

Absolutely the best post in this thread and one that any body who buys a performance oriented production line vehicle should read and fully understand as it cuts right to the core of the issues.

We live in a country where a lawyer is called if your 225 lb. daughter doesn't make the cheerleading squad or your Mustang talks back when you hammer the crap out of it. It's "awe poor me", "look what the corporate meanies did to me". The injured parties in this thread are enough to make you vomit. Ya wanna turn your street production car into a durable track car then man up and tighten it up. Nobody promised you a First On Raceday scenario and a solicitous lawyer isn't going to give you what you are whining about. Man up and just get over it. You class action morons are too stupid to see that you will get the equivalent of nothing while you destroy the resale value of the product you own. Really, really, stupid.

 

[Rogue]

Absolutely the best post in this thread and one that any body who buys a performance oriented production line vehicle should read and fully understand as it cuts right to the core of the issues.

We live in a country where a lawyer is called if your 225 lb. daughter doesn't make the cheerleading squad or your Mustang talks back when you hammer the crap out of it. It's "awe poor me", "look what the corporate meanies did to me". The injured parties in this thread are enough to make you vomit. Ya wanna turn your street production car into a durable track car then man up and tighten it up. Nobody promised you a First On Raceday scenario and a solicitous lawyer isn't going to give you what you are whining about. Man up and just get over it. You class action morons are too stupid to see that you will get the equivalent of nothing while you destroy the resale value of the product you own. Really, really, stupid.

That's another keeper

 

[kartguy898]

Change the fluid every event and drive on. Just sayin.

Which is what it says to do in the manual anyways - before and after track sessions..

I have a 2016 Tech Pack. I went with it because I wanted a more comfortable street car. I have a '98 Mustang that was built for track days, and I had it on track exactly 0 times in the last 5 years.. so I figured I wouldn't be doing many if any with the GT350 anyways.

I am going to run an OBD logger once (if!) it gets hot here this summer.. just to see what data points there are to correlate with trans temp, with the low chance it hits limp mode on the street.

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