— A Ford CP4 lawsuit alleges the diesel fuel pumps in 6.7-liter Power Stroke vehicles don't function correctly when U.S. diesel is used, making the fuel pumps "ticking time bombs."
But in a motion to dismiss the suit, Ford says the plaintiffs do nothing but try to hold Ford accountable "based on the actions of other car manufacturers."
The proposed class action lawsuit includes all consumers in California who are current or former owners and lessees of 2011-2018 Ford vehicles equipped with Power Stroke 6.7-liter diesel engines.
The fuel pumps were built by Bosch and allegedly are not manufactured for U.S. diesel fuel specifications concerning lubrication and water content. The CP4s allegedly run dry and cause metal to contact metal, shedding metal shavings and sending them through the engines.
Ford owners claim the vehicles suddenly stall once the pumps fail, causing serious safety hazards while driving at highway speeds. Those same owners also allege repairs can cost up to $20,000 out-of-pocket because Ford blames the problems on contaminated diesel fuel.
The automaker allegedly knew the CP4 pumps were no good in the U.S. but decided to conceal the defects to continue selling the trucks and denying warranty repairs.
In its response to the proposed class action lawsuit, Ford told the judge the plaintiffs are trying to sue Ford for alleged defects that never manifested. The automaker says the plaintiffs continually talk about actions of other car manufactures, something that has nothing to do with Ford.
"The problem for Plaintiffs is that their allegations are long on conclusions and short on the facts necessary to establish their fraud, warranty, and other claims." - Attorneys for Ford
Ford says the plaintiffs want to be awarded damages and further want Ford to recall the trucks even though the plaintiffs still drive the vehicles. In addition, Ford argues the plaintiffs never allege the trucks have any particular design or manufacturing defects that stopped the plaintiffs from using the trucks.
The automaker says the lawsuit mentions a few specific things Ford said concerning its vehicles “built to extremely high standards of durability and reliability."
According to the plaintiffs, statements such as that add to the evidence that Ford violated California fraud laws, but Ford says a statement like that is a textbook example of "non-actionable puffery."
Attorneys for Ford further say the plaintiffs provide no reason why the automaker had a duty to disclose an "unmanifested defect" that poses no safety risk. As for warranty claims against Ford, attorneys argue the plaintiffs admit their vehicles remain fit for providing transportation.
Additionally, there are allegedly no facts to suggest Ford didn't honor its obligations while the vehicles were covered by warranties.
Ford also told the judge the plaintiffs claim they deserve damages based on overpaying for the trucks, but a "plaintiff who purchases a car that never malfunctions over its ordinary period of use cannot be said to have received less than what he bargained for when he made the purchase.”
The Ford CP4 lawsuit was filed in the U.S. District Court for the Northern District of California - Farlow, et al., v. Ford Motor Company.
The plaintiffs are represented by Hagens Berman, Hilliard Martinez Gonzales, and Morgan & Morgan.