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FORD EXPLORER FORD EDGE LINCOLN MKX CARBON MONOXIDE CLASS ACTION

Investigation Counsel P.C. wishes to announce the commencement of a proposed class action against Ford Motor Company. The action alleges that certain model years of the Ford Explorer, Ford Edge, and Lincoln MKX are dangerous and defective as drivers and passengers of these vehicles may be exposed to carbon monoxide and other dangerous gases while the vehicles are in operation. It is alleged that the defect makes driving these vehicles a health hazard which is potentially deadly and, as such, the vehicles are essentially valueless.

All persons who purchased or leased anywhere in Canada at least one of the following Ford models are eligible to participate in the proposed action:

2011 Ford Explorer, 2012 Ford Explorer, 2013 Ford Explorer, 2014 Ford Explorer, 2015 Ford Explorer, 2011 Ford Edge with either a 3.5L or 3.7TIVCT engine, 2012 Ford Edge with either a 3.5L or 3.7 TIVCT engine, 2013 Ford Edge with either a 3.5L or 3.7TIVCT engine, 2011 Lincoln MKX with either a 3.5L or 3.7TIVCT engine, 2012 Lincoln MKX with either a 3.5L or 3.7TIVCT engine, or a 2013 Lincoln MKX with either a 3.5L or 3.7TIVCT engine.

IMPORTANT UPDATE  

Canadian Settlement Approved by Ontario and Québec Courts

A Canada-wide Settlement has been reached with Ford on behalf of current and former owners and lessees of 2011-2015 Ford Explorers sold or leased in Canada.   The claims that were advanced in relation to 2011-2013 Ford Edge and Lincoln MKX vehicles have been discontinued and are not covered by the Settlement.

The Settlement has been approved by the Ontario and Québec Courts.

A copy of the Ontario Court’s Reasons and Order can be found here

A copy of the Québec Court’s Order can be found here

Under the Settlement, if you are a current or former owner or lessee of a 2011-2015 Ford Explorer, Ford will reimburse you for your out-of-pocket expenses you incur to have your authorized Ford dealer prevent the entry of exhaust into your 2011-2015 Ford Explorer.

In order to prevent the entry of exhaust into the passenger compartment of your 2011-2015, Ford has developed and sent to its dealers a Technical Service Bulletin (the “2016 TSB”) which describes two repair phases, “Procedure 1” (or the Phase 1 Service Repair) and “Procedure 2” (or the Phase 2 Service Repair).  You can read the 2016 TSB here

The Phase 1 Service Repair involves your dealer performing a thorough inspection, diagnostic testing, parts replacement, HVAC recalibration and sealing actions aimed at addressing and preventing the entry of exhaust into the passenger compartment of your Ford Explorer. Ford will reimburse you $230 for this work if you submit a completed Claim Form, along with the required supporting documentation.

In January 2018, Ford sent a letter to Explorer owners stating that it has a Customer Service Program pursuant to which its dealers will perform “necessary” repair steps free of charge.  In the opinion of Class Counsel, Ford’s letter to Explorer owners is not complete and not accurate.  The repair steps that Ford dealers are doing free under the Customer Satisfaction Program are SOME BUT NOT ALL of the steps required for a Phase 1 Service Repair.  A full Phase 1 Service Repair includes a rigorous inspection and diagnostic testing procedure in order to properly identify the areas of your Explorer where exhaust and carbon monoxide may be leaking into the passenger compartment.  If you believe you may have experienced exhaust or carbon monoxide in your Explorer, this rigorous inspection and diagnostic testing is important but it is NOT being provided by Ford free of charge under its Customer Satisfaction Program.  Reimbursement of $230 is available to you under the settlement in the event that your Explorer receives a complete Phase 1 Service Repair.

Ford’s Customer Satisfaction Program also does not include the Phase 2 Service Repair described in the 2016 TSB (under “Procedure 2”).  The Phase 2 Service Repair involves modification to your Ford Explorer’s exhaust system.   You are entitled to receive additional reimbursement of $230 for the Phase 2 Service Repair unless you complained about exhaust odour and received a diagnosis of this issue from an authorized Ford dealer before October 14, 2017, in which case you are entitled to receive reimbursement of up to $655 for the Phase 2 Service Repair.

In order to be eligible for reimbursement of the out-of-pocket expenses you incur for these repairs, you must seek one or more of the above repairs within the later of:

(1) 4 years / 85,000 kilometres after your 2011-2015 Ford Explorer was placed in service (whichever comes first) and

(2) April 30, 2018.

In order to obtain the reimbursement amounts described above, you must then complete and submit a Claim Form, along with the required supporting documentation (including the invoice(s) showing the cost of repairs) to the Settlement Administrator.  Your Claim Form must be submitted by the later of:

 

  • June 29, 2018 and 
  • two months after the date that your authorized Ford dealer completed the repairs for which partial reimbursement is sought.

 

A copy of the Claim Form which you are required to fill out can be found here:

In English

In French

 

The short form Notice of Settlement Approval describing the Settlement can be found here:

In English

In French

 

The long form of Notice of Settlement Approval describing the Settlement can be found here:

In English

In French 

 

You may review a complete copy of the Settlement Agreement here:

In English

In French

 

The Settlement only relates to alleged economic loss suffered by class members as a result of the alleged design defect causing exhaust to enter the passenger compartment of Ford Explorers.  It does not relate to, release or extinguish any personal injury claims of class members arising from this alleged defect.  Class members who believe they have personal injury claims should consult with a lawyer.

If you wish to be excluded from this Settlement, you must file your completed Opt-Out Form by April 17, 2018.  The Opt-Out Form can be found here:

In English

In French

Under the terms of the Settlement, Ford agreed to pay Class Counsel’s reasonable fees and disbursements, which must be approved by the court.  Class Counsel’s fees and disbursements are to be paid directly by Ford and they will not reduce any benefits available to class members under the Settlement.  Class Counsel has brought a motion asking that the court order Ford to pay Class Counsel its reasonable fees and disbursements in the amount of $1,941,117.44 (including applicable taxes).  Ford is opposing this motion.  The hearing for this fee approval motion is scheduled to take place at the courthouse in Windsor, Ontario on May 7, 2018 at 10 a.m.  A copy of the Notice of Motion (Approval of Counsel Fees) can be found here.  

For further information:   Please contact the Ford Explorer Settlement Administrator at 1-855-862-9078 or by filling out the form below.

You may also contact Class Counsel:

OWNERS AND LESSEES IN CANADA EXCEPT QUÉBEC:

John Archibald
Investigation Counsel P.C.
350 Bay Street, Suite 300
Toronto ON M5H 2S6
(416) 637-3150

 

QUÉBEC AND FRENCH INQUIRIES:

Samy Elnemr
Siskinds Desmeules
Les Promenades du Vieux-Québec
43, rue Buade, Suite 320
Québec, QC G1R 4A2
(418) 694-2009