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

firestarter2 said:

The track package existed from the start.

Cars have always overheated on the track the GT500 being a prime example.

Because someone lacks the knowledge that is out there doesn't make it hind site. Uninformed consumers make mistakes.

I disagree Ford said if you are never going to track the car here is one you can have without the coolers and save 3000 dollars. If you are here is a "Track" model.

Why is giving consumers a choice bad all of a sudden?

I had a real mental block at 60k. If the car had started at the price I would of never looked into it.

If you want to track and added coolers you self you'd still have 2k to cover your tranny if it broke.

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You just took the words right out of my mouth.

The more I look at this I am of the opinion this argument from both sides is not focusing on the right issues.

This isn't about Ford deceptively marketing the base/tech package as a track ready car. It is about the lack of information available to the consumers on how limited the capabilities of a base/tech package truly were. I think most could get behind that. As you said, customers were uninformed. Ford had the knowledge, but customers did not. It is incumbent upon them to provide this information

50 Deep said:

You just took the words right out of my mouth.

The more I look at this I am of the opinion this argument from both sides is not focusing on the right issues.

This isn't about Ford deceptively marketing the base/tech package as a track ready car. It is about the lack of information available to the consumers on how limited the capabilities of a base/tech package truly were. I think most could get behind that. As you said, customers were uninformed. Ford had the knowledge, but customers did not.

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I gotcha, we arent going to agree but I see where you are coming from.

firestarter2 said:

I gotcha, we arent going to agree but I see where you are coming from.

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Just trying to add some perspective to this discussion. Your position has merits as well. Plus I love a good debate :cheers:

50 Deep said:

Just trying to add some perspective to this discussion. Your position has merits as well. Plus I love a good debate :cheers:

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I do too. I dont think people realize unless a manufactures explicitly says other wise all you car legally has to be able to do in the speed limit in the region where it is sold.

Steve16 said:

Excellent post. I'd only change that sentence to "...ford mentioned that coolers were available."

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Except that coolers weren't available and still aren't readily available. I have a track pack transmission sitting in my living room and still no cooler to go with it.

We're talking about marketing literature.

50 Deep said:

You just took the words right out of my mouth.

The more I look at this I am of the opinion this argument from both sides is not focusing on the right issues.

This isn't about Ford deceptively marketing the base/tech package as a track ready car. It is about the lack of information available to the consumers on how limited the capabilities of a base/tech package truly were. I think most could get behind that. As you said, customers were uninformed. Ford had the knowledge, but customers did not. It is incumbent upon them to provide this information

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I have no issues except one, the fact that adding coolers voids the warranty... the manual specifically states that they need to be added before going on a track.

rb92gt said:

I have no issues except one, the fact that adding coolers voids the warranty... the manual specifically states that they need to be added before going on a track.

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Why would you expect them to be covered?

superman07 said:

What a dick move, but if you want to be one go ahead.

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Hey guys news flash - 3rd place doesn't get a trophy.

Terrible to see people jumping on board a frivolous, disgusting and wrongful lawsuit which is embarrassing to the entire nation. I'm looking forward to this case being thrown out swiftly.

As others have stated this will affect how far Ford experiments in the future. I am glad to hear the news that Recaros and cooling are now standard. Tech and base should be sold the radiators with a warranty and move on.

After reading numerous posts I guess myself and the remainder of the 70 percent of the base and tech owners don't deserve to drive/own a Shelby because we should have known better and should have ordered or located a "track" capable Shelby for this I'm very sorry to embarrass the true Shelby owner.Really why has this become a dxxk swinging contest who cares if you were most informed smartest consumer and did well on your choice .My major concerned is about warranty issues if I add coolers and/or transmission and something fails I'm sol currently which is my major gripe .Before you hammer me for my ignorant purchase let's say you blow your motor and ford denies you because you have oil catch cans ,blasphemy you say but it's not a ford installed item and push comes to shove and the person inspects your car says it was the cause what's your answer going to be ? It's listed in the supplement as recommended for track use .
I personally didn't sign up for the class action yet , but after all other attempts including numerous members on here bombarding ford performance as a group and attempts calling and emailing I feel it's time for another direction.
Rogue where I'm from third place does get a trophy ,we would just jack it from the first place asxxxxs

Zitrosounds said:

This is what I believe is the problem. Very few are experiencing limp mode on the street. Those that have most definitely have a case as did [MENTION=22031]JN66[/MENTION] who used the Lemon/buyback program and succeeded. The CA suit if accepted by the court will not provide the fix those affected are looking for. There is simply just not enough evidence or enough complaint of actual limp mode on the street. If there where Ford would have to by Fed LAW/NHTSA have complied with a recall for a fix just like it did for GM and Toyota. If you have experienced limp mode on the street you have a legitimate issue. Don't wait on pending litigation and file a Lemon claim especially since there has been established precedence, JN66 for example. This case was and is the worst way to get results especially since its main argument is claiming fraudulence over the "Track Ready" claim. Who knows! I may be proven wrong. Maybe good will come from this. Maybe those that have experienced limp mode on the street creating an unsafe condition will come forward. Maybe it will require the NHTSA to escalate the matter.

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I've never heard of a class action based on fraud.:shrug: Fraud, by definition, is an individualized determination - no common issues of law or fact. But, who knows? Seems like someone pointed out the plaintiffs' attorneys supposedly were pros. Still, what a mess.

firestarter2 said:

Why would you expect them to be covered?

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I do not expect anything I add to be covered. But I also do not expect them to void my existing powertrain warranty, which they do... They can't say you need to add them in the manual and then void your warranty when you do so. In that case they should have just said base/tech cannot go on a track... I actually would have accepted that.

"This isn't about Ford deceptively marketing the base/tech package as a track ready car. It is about the lack of information available to the consumers on how limited the capabilities of a base/tech package truly were. I think most could get behind that. As you said, customers were uninformed. Ford had the knowledge, but customers did not. It is incumbent upon them to provide this information."

Bingo. I'm 80% in the camp of 'you bought the wrong car" but facts are getting too interesting...you just can't add the missing coolers...Tech and Track pack cars have different transmissions (opps and a big surprise to everyone) and the reports (thankfully only a few) of limp mode on the street raise other questions--as does just how high the tranny hits temp wise on the street and the eventual impact on the power train that will have over time.

The real fallout from this- you just might see Ford producing FEWER true performance models that push the envelope aka FPC etc unless they really limit the market by a high price and then go all out in terms of capability.

I think we may be seeing that with the 17s--when the 18 Ordering guide comes out we will know for sure... Ford is getting bad press over the oil lines, ADMs, Tranny temps...so dropping the cruiser heated seats half way through the 17 build on standing orders may be intentional---you guys want a 'track car' fine we will give you one..you get coolers and Recaros and that is it - track boat or no boat. That will also curtail some demand (ADM issues).

Totally agree!

I have a tech car, have taken it to the track once, hit limp mode and was shocked that my track ready car couldn't finish a 6 lap run. I signed up for the class action as I feel very slighted that I couldn't have known that my car wouldn't finish a charity event track day.

I thought I did my homework. I test drove the Challenger SRT, Camero Z28 and a lot of research on the GT350. I am a first time track car owner and absolutely bought the GT350 wanting to take it to the track once per year for a charity event I had been watching for years. Yes I saw the track pack, but I really thought the track pack was for people who were going to hard core events trying to turn great lap times, it clearly wasn't for a guy like me.

I loved the car when I bought it, now I am not going to my charity event this year because I have "a limp mode car" that quite frankly embarrasses me a little. I would absolutely pay for a factory solution but cannot rationalize giving up my warranty just to attend a charity event.

I also think, regardless of the fact that I have never hit limp mode on the street, that it happening to any cars is an issue. Maybe they had 4 people in the car, maybe the temperature was 90 degrees, maybe they were on the Audubon, it shouldn't matter. If a tech/base car can go into limp mode on the street that is a problem and we should not settle for "those poor guys". It means to me that our cars cannot be sold in hot climates, near the Audubon or to families of 4. Those that have not hit it on the street are just not in the same situations, it's not that their cars are "better".

I am thinking Ford will do the right thing and just honor the warranty if we have a certified garage install one of the two factory options.

I say little but lurk a lot. Yeah, I'm one of those . But I'll say this:
There is at least a credible chance this case advances to the discovery phase and when it does, the responses to the interrogatories concerning disabling of the trans temp, developmental and consumer occurrences of limp mode off-track, and factors leading to the decision to add coolers after 1 full MY may be quite telling, IMO. And should the case advance further to depositions, Ford lay-folk (engineers, designers, etc) have much at risk under the unfamiliar pressure brought by skilled, seasoned litigators. Patience will be needed as the legal wheels turn, but some good may come of this action. Some good for all 350 owners...even the know-it-all haters.