— A Ford EcoBoost class action lawsuit should allegedly be dismissed because the plaintiffs haven't taken advantage of recall repairs.
That's the argument from Ford in the EcoBoost class action which alleges the 1-liter 3-cylinder engines fail in these models.
- 2016-2017 Ford Fiesta
- 2018-2021 Ford EcoSport
- 2016-2018 Ford Focus
The EcoBoost lawsuit alleges there are problems with the oil pump which destroy the EcoBoost engine.
The 13 customers who sued, all who own Ford EcoSport SUVs, reference special service messages Ford sent to dealer technicians about the 1-Liter EcoBoost engines.
Special service message (SSM) 48093 was issued in July 2019 for 2018-2019 Ford EcoSport vehicles with 1-liter EcoBoost engines that “may exhibit a loss of engine oil pressure with an illuminated oil pressure warning lamp."
Ford reissued the message in September 2020 as SSM 49200 which told dealers the EcoBoost engines may require replacements.
Ford later issued SSM 49726 which expanded the vehicles to some 2016-2018 Ford Focus and 2018-2019 Ford EcoSports with 1.0L EcoBoost engines built before July 3, 2019. Dealers were told to replace the engine assemblies for failed engine oil pump tensioners.
SSM 49918 in June 2021 said to, “[r]eplace the engine assembly with a long block option 6006 and the turbocharger.”
Motion to Dismiss the Ford EcoBoost Class Action Lawsuit
Ford argues the class action should be tossed because the plaintiffs allegedly don't specify what the oil pump problem is, instead using "only generalities, including that there are 'manufacturing, workmanship, and/or design defects which lead to a loss of oil pressure and an oil pump failure.'”
Ford says the plaintiffs do not describe what is wrong with the oil pumps, what is leading to the problem or explain what Ford could have done differently to avoid it.
According to Ford, the Ecoboost lawsuit should be stopped due to the prudential ripeness doctrine, meaning the allegations aren't ready for court because Ford issued an oil pump recall.
With the National Highway Traffic Safety Administration overseeing the oil pump recall, Ford recalled 2016-2018 Ford Focus and 2018-2022 Ford EcoSport vehicles.
The Ford recall says 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.”
This happens because the “oil pump drive belt tensioner arm retention caulking joint is not robust to the vibration experienced by the component over time, which can cause arm separation.”
“The instrument cluster will display a low oil pressure warning message and may also display a check engine light.”
According to Ford, none of the plaintiffs allege their vehicles have been repaired under the recall because the recall was issued after the first amended lawsuit was filed.
Without the recall repairs, the judge would allegedly have to "deal in hypotheticals," meaning the class action lawsuit is allegedly "unfit for judicial decision pursuant to the doctrine of prudential ripeness."
The oil pump recall includes free replacement of the affected parts and if necessary, reimbursement of out-of-pocket expenses.
"Once Plaintiffs have availed themselves of the benefits of the recall, this Court will be better positioned to rule on whether Ford breached any warranties or if Plaintiffs have incurred any harm. The claims here are not fit for decision at this time." — Ford's motion to dismiss the EcoBoost lawsuit
In addition to the issue of the prudential ripeness doctrine, Ford alleges the class action should fail because it includes the Ford Fiesta and Focus. However, none of the plaintiffs own those models.
Fraud and consumer protection claims should also be dismissed because the plaintiffs allegedly do not plead that Ford had pre-sale knowledge of any alleged EcoBoost engine defect.
Ford's motion to dismiss also alleges the plaintiffs bring express warranty claims, but they concede the express warranty expired at 60,000 miles and they were each beyond lthe imit when the oil pump defect allegedly manifested.
The Magnuson-Moss Warranty Act claim allegedly fails because the Act requires at least 100 named plaintiffs, but the EcoBoost class action includes only these 13 plaintiffs.
- Marlon Bolton / Goergia / 2018 Ford EcoSport
- Jenny Ptaszek / Michigan / 2018 Ford EcoSport
- Gina Bilotta / New Jersey / 2019 Ford EcoSport
- Veronica Maldonado / California / 2018 Ford EcoSport
- John Wright / Maryland / 2019 Ford EcoSport
- Margaret Vasquez / Texas / 2019 Ford EcoSport
- Tracey Drotos / Michigan / 2019 Ford EcoSport
- Scott Martin / Florida / 2018 Ford EcoSport
- Melissa Allard / North Carolina / 2019 Ford EcoSport
- Lisa Rutherford / Tennessee / 2020 Ford EcoSport
- Gina and Michael Carrell / Texas / 2020 Ford EcoSport
- Makayla Bonvillain / Louisiana / Used Ford EcoSport
The Ford EcoBoost class action lawsuit was filed in the U.S. District Court for the District of Delaware: Bolton, et al., v. Ford Motor Company.
The plaintiffs are represented by Chimicles Schwartz Kriner & Donaldson-Smith LLP, Berger Montague PC, and Capstone Law APC.