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

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HizliBullet

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Hagens Berman: Shelby GT350 Mustang Owners File New Class Action Lawsuit Against Ford for Fraud and Breach of Warranty Claims Relating to Limp Mode Defect

DEFENDANT NAME: Ford Motor Company
CASE NUMBER: 1:17-cv-21087-XXXX
COURT: U.S. District Court for the Southern District of Florida
PRACTICE AREA: Automotive Litigation
STATUS: Active
DATE FILED: 03/22/17

KEY ATTORNEYS:
Steve W. Berman


Class-action lawsuit says owners deserve reparation for Ford knowingly selling so-called “track-ready” cars with defective and dangerous powertrains


March 22, 2017 04:06 PM Eastern Daylight Time

MIAMI--(BUSINESS WIRE)--Consumers nationwide today sued Ford for knowingly selling allegedly defective Shelby GT350 models that while marketed as “track-ready” cannot actually be operated safely on a racetrack, according to Hagens Berman and Grossman Roth Yaffa Cohen, co-counsel law firms representing the plaintiffs.

The ability to purchase a track-capable car that could also operate on the street is a key factor in what led purchasers to buy the Shelby GT350 Mustang, according to the suit, but Shelby GT350 Mustangs with the Base Model or Technology Package model can overheat due to defective transmissions and rear differentials that cannot keep cool enough to function at high speeds without external transmission and differential coolers. When this occurs, the vehicles go into Limp Mode, where the vehicle suddenly loses power and rapidly decelerates. As a result, these “track-ready” race cars prove useless on the racetrack and drivers don’t get what they paid for.

The lawsuit, filed Mar. 22, 2017, in the U.S. District Court for the Southern District of Florida, seeks monetary damages for a proposed nationwide class of consumers who purchased or leased the affected vehicles, as well as injunctive relief for Ford’s misconduct related to the design, manufacture, marketing, sale and lease of affected vehicles.

MAIN ARTICLE: http://www.businesswire.com/news/home/20170322006254/en/Hagens-Berman-Shelby-GT350-Mustang-Owners-File


Fill the form to be notified of the updates regarding this lawsuit!


https://www.hbsslaw.com/cases/ford-shelby-gt-mustang-overheating
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JN66

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Beautiful. Should be a relatively easy win, imo. Comes down to bargain. Should be an interesting case regardless.
 

firestarter2

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Should be interesting agreed. I suspect it will be laughed out of court if FORD chooses to fight it.

Their references mention the GT350R. Ive read most of the marketing material and most of it is caveated well. The most damning thing was the internal video with the women.

It would be interesting to see if "track ready" has legal meaning.

I think the buyers who ordered in 2015 have the best cause and I think theirs isnt that strong
 
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Muligan

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Just finished reviewing the complaint - certainly not the best piece of attorney work-product I've had the pleasure to read. I'm a corporate attorney, but not for Ford... too bad, this will be a fun one.

The unfortunate thing is that this will likely have some negative impact on values for tech pack cars while working its way through the system - even for those owners who are perfectly happy with their tech pack car.

And, although this is not legal advice and I recommend that you contact your attorney with any questions, it's really not a good idea to be posting your grievances here or elsewhere if you are, or intend to become, a member of the class.

Best of luck to all - may justice be served.
 

JN66

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Yeah, could be. The complaints are incredibly interesting and fairly logical.

https://www.hbsslaw.com/uploads/cas...man_ford_shelby_mustang_complaint_3.22.17.pdf

For those that have an interest in law this is worth a read. Many of the arguments/complaints are the same ones I made when Ford was ordered to buyback my 2016. I suspect they would hold up on a larger scale - especially for those who ordered early.
 

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montreal ponies

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Worthless filling in the form for us up here. We need a separate lawsuit to make this happen.
 

Blaze489

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If the techs get some money to install the tranny/coolers. I want some money so I can install the big screen oem radio in my track pack. Best thing for ford if they do play nice, give the techs the amount to replace the tranny and install the coolers, but they must also give the same amount to the track packs too. Why give it to some but not all, won't seem fair.
 

Shift

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Still waiting on my first summer in my base 2016. If I hit limp mode on the streets, then I'll have a problem.
 

GT 350

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Hitting limp mode on the street is a problem and something that needs to be addressed as part of this suit. Very dangerous indeed.
 
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HizliBullet

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do you guys think ford will issue a recall for free cooler packs?
 

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lemers

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At least this will generate an answer from Ford to the issue.
 

xt6wagon

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do you guys think ford will issue a recall for free cooler packs?
I think it's what they should have done when they discovered the 30min session length they talked about was unreachable. Maybe in the form of a small electric pump to an OEM cooler, with a cost option to the full OEM including trans swap.

Now it's millions in lawyers even if Ford wins.
 

firestarter2

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I think it's what they should have done when they discovered the 30min session length they talked about was unreachable. Maybe in the form of a small electric pump to an OEM cooler, with a cost option to the full OEM including trans swap.

Now it's millions in lawyers even if Ford wins.
Based on the documentation available is pretty clear Ford new the techs and base would over heat on the Track. Cars over heating on the track is not a unusual thing.

But as other have said if they give the coolers away for free I want a refund.

I don't know anything about this law firm but don't they have to get it approved to be treated as a class action law suit?

Why doesn't it ask where you over heated?
 

Gilby

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I bought the car knowing that it could overheat at the track, I was not comfortable in the Recaro seats and wanted the nicer head unit. My wife and I wanted a car that we could take road trips in and this seemed like a great fit for that. I told her that if after it's paid off, and I want to race, I'll add the necessary coolers. Now if the car goes into limp mode on the street, I will loose confidence in it and be real pissed. Those of you who hit limp mode on the streets, what were the conditions? Lots of traffic?
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