Class Action vs. Ford Initiated (Rear Subframe)

[C4talyst]

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]

Hope the victims get a satisfactory settlement.

 

[C4talyst]

Hope the victims get a satisfactory settlement.

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

 

[Cruising68]

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


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[C4talyst]

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

 

[MilosDad627]

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

 

[TheHypnoToad]

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

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

 

[Peterfor]

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]

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]

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

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

 

[C4talyst]

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

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]

Updated...

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

 

[TheHypnoToad]

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]

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]

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]

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?”

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

 

[st8]

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

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]

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

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]

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

Many Interceptors were affected; Ford maintained a separate recall.

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

 

[C4talyst]

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.

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.