Class Action vs. Ford Initiated (Rear Subframe)

C4talyst · Mar 23, 2023

Capstone Law is in the process of filing a class-action suit against Ford concerning the rear subframe/bolt issue. I spoke with them last week and they are now accepting class representatives who have purchased affected Explorers, especially in California. If you are interested in signing on to this case as a named plaintiff, please contact Sairah Budhwani at the email below:

sairah.budhwani@capstonelawyers.com

MikeHTally · Mar 24, 2023

Hope the victims get a satisfactory settlement.

C4talyst · Mar 25, 2023

MikeHTally said:

If this case gets settled, anyone with an affected ST will benefit, whether they signed on or not.

Cruising68 · Mar 25, 2023

Would love to get some cash back for replacing mine at my expense

Sent from my iPhone using Tapatalk

C4talyst · Mar 25, 2023

I noticed that a few people had done that and I don't blame them. I do hope this gives them some help.

MilosDad627 · Mar 28, 2023

What's the nature of the problem, and how can I identify if I have (or will have) that problem in the future?

TheHypnoToad · Apr 6, 2023

MilosDad627 said:

All can be found here: https://www.explorerst.org/threads/...r-axle-bolt-fractures.3717/page-32#post-69642

Peterfor · Apr 7, 2023

Would there not have to be some type of damages that would need to be proven? I have a 3 bolter and no issues....yet.

FireStarter would be happy to share statistics/fact/speculations.

StayinStock · Apr 7, 2023

Typically, the only people who get rich off these cases are the lawyers. Even if you win (which is a big if because the lawyer must prove negligible fault on Fords part and they have mountains of Lawyers and Engineers who specialize in this exact type of thing), you'll literally get a check for maybe $20-100

Peterfor · Apr 7, 2023

StayinStock said:

If that. Maybe a coupon for a FREE tire rotation with a purchase of an oil change.

C4talyst · Jun 4, 2023

StayinStock said:

This is a cliche belief that's not based in reality. Yes, in many class action cases the lawyers pocket millions while the plaintiffs (who are often benefactors who didn't lift a finger to bring any action) receive a pittance.

Not all class actions have these results...I'm sure you've heard of a few.

C4talyst · Jun 4, 2023

Updated...

https://www.classaction.org/media/caricofe-et-al-v-ford-motor-company.pdf

TheHypnoToad · Jun 4, 2023

Will be interesting to see how this plays out. Lots of conjecture about what Ford knew and when they knew it. However, the fact that the three named plaintiffs in the suit did not have a failure of the bolt but only had the e-brake fix and remained concerned about the potential of failure and were stonewalled by Ford and their dealerships (which a lot of us have faced). opens the door for Ford to argue that the number of failures is minor and the remedy is adequate. This in spite of the fact that the suit does include examples of failures that were raised on this website. Would have been a stronger case if one or more of the members who had experienced the failure Ben part of the suit. Best of luck and hope that it is successful.

C4talyst · Jun 4, 2023

TheHypnoToad said:

Will be interesting to see how this plays out. Lots of conjecture about what Ford knew and when they knew it. However, the fact that the three named plaintiffs in the suit did not have a failure of the bolt but only had the e-brake fix and remained concerned about the potential of failure and were stonewalled by Ford and their dealerships (which a lot of us have faced). opens the door for Ford to argue that the number of failures is minor and the remedy is adequate. This in spite of the fact that the suit does include examples of failures that were raised on this website. Would have been a stronger case if one or more of the members who had experienced the failure Ben part of the suit. Best of luck and hope that it is successful.

Agree. The good news is if the case is won it will cover anyone who purchased an affected ST.

Jeppo · Jun 4, 2023

It seems to me that the most powerful argument, in favor of the plaintiffs, would be…

”If Ford believed the software update was sufficient, why did it offer to underwrite the cost of fixing Police Interceptors?”

TMac · Jun 4, 2023

Jeppo said:

Where is this information coming from? From what I know the interceptors did get 4 bolt frames.

st8 · Jun 4, 2023

TMac said:

The official recall notice from ford mentioned how the police interceptors would be upgraded to the 4 bolt. So there has to be some that have the 3 bolt setup.

TheHypnoToad · Jun 4, 2023

TMac said:

Good question. If some percentage of interceptors did get the 3 bolt frame and they were replaced, I can see Ford dismissing the issue by saying that because of the nature of the job, there is more stress put on the bolts of an interceptor that wouldn’t occur under “normal use“ of the civilian model. Therefore, we opted to replace the frame in those vehicles.

C4talyst · Jun 4, 2023

TMac said:

Many Interceptors were affected; Ford maintained a separate recall.

https://fordauthority.com/2023/03/ny-town-ditching-its-police-interceptor-utility-hybrid-fleet/

C4talyst · Jun 4, 2023

TheHypnoToad said:

That still begs the question...why did Ford engineers specify the new ST release to have a 4-bolt subframe while lesser-powered models had a 3-bolt configuration? Also why was the rear subframe changed for later models? That change started in the middle of Covid, with factory slowdowns, labor issues and supply chain shortages.

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Class Action vs. Ford Initiated (Rear Subframe)

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