Class Action Claims Certain Ford Models Have Carbon Monoxide Problem

July 7, 2015
By: Robert Silverman

Consumers are complaining about an alleged defect in certain Ford models, but this time, it’s not Ford Fiesta transmission problems. Instead, drivers are experiencing issues with Ford Explorer, Ford Edge, and Lincoln MKX vehicles.

The problem? Carbon monoxide entering the passenger compartment, which – if true – could pose a health risk to anyone inside an affected vehicle. New Jersey Law Journal reports that “[the] fumes are most likely to enter the vehicles when they are driven at high speed with the air conditioner on the recirculate setting” and that “some parties… have reported that they and their children felt sick after riding in the vehicles.”

In response, consumers have filed a putative class action against Ford in federal court in Newark, NJ. The class action alleges that Ford has known about the defect since 2012, that two Technical Service Bulletins have since been posted to dealerships about this problem, and that Ford has neglected to warn owners about having the issue fixed. The class also alleges that, in the instances where Ford tried to fix the problem, the manufacturer’s attempts were unsuccessful.

The class action specifically cites issues with Ford Explorer models from 2011 through 2015, Ford Edge models from 2011 through 2013 with 3.5L and 3.7L TIVCT engines, and Lincoln MKX models from 2011 through 2013 with 3.5L and 3.7L TIVCT engines.

However, consumers experiencing these problems don’t need a class action to seek recovery for a defective vehicle from Ford (or any auto manufacturer). Federal Warranty Laws and State Lemon Laws, including the New Jersey Lemon Law, are in place to protect consumers from defective vehicles.

If you go to the dealership repeatedly to complain about the issue, you may be entitled to a repurchase, a new car, or significant compensation. State and Federal Laws could provide a much greater remedy than the class action.

Vehicles purchased, leased, or registered for the first time in New Jersey, for example, are covered under the NJ Lemon Law during the first two years or 24,000 miles (whichever comes first). During this period, if the vehicle cannot be fixed after a reasonable number attempts (usually three or more), or if the vehicle is in the shop for repair for 20 or more total calendar days, the Lemon Law applies.

If you’re experiencing issues with your newly purchased or leased vehicle, whether you’re driving a Ford or a car from any other manufacturer, legal help under the New Jersey Lemon Law is always completely cost-free to you. Contact a qualified Lemon Law Attorney immediately and get the legal help you need to get rid of your lemon.