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Arbitration Puts Ford Hybrid Class Action Lawsuit On Pause

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Back in January, The Blue Oval recalled select 2020-2024 Ford Escape PHEV and 2021-2024 Lincoln Corsair Grand Touring models due to an issue with high voltage battery cells that may result in an internal short circuit and battery failure – or a fire. To rectify the problem, Ford instructed dealers to perform a battery energy control module (BECM) software update, and replace the high voltage battery pack, as necessary, free of charge. However, more than one lawsuit has been filed since then alleging that these repairs are inadequate, but now, one of those filings is in limbo.

According to Car Complaints, this lawsuit – Anthony Pacheco v. Ford Motor Company, filed in the U.S. District Court for the Eastern District of Michigan by plaintiffs represented by Hagens Berman Sobol Shapiro LLP, and The Miller Law Firm PC – has now been put on hold as the six plaintiffs involved present their arguments in arbitration. After the lawsuit was originally filed, Ford requested copies of sales agreements from the plaintiffs, but they argued that the automaker’s filing to dismiss the case waived its right to arbitration.

Ultimately, Judge Stephen J. Murphy III agreed with the automaker, stating “WHEREFORE, it is hereby ORDERED that Defendant Ford Motor Company’s Motion to Compel Arbitration regarding Plaintiffs Brian Sutton, Jeffrey King, Victoria Adams, Raymond Dyne, III, James Capps, and Joseph Vaillancourt is GRANTED.”

Ford believes that fewer than one percent of vehicles produced are affected by the problem, and isn’t aware of any crashes or injuries that have occurred as a result, but is still instructing owners not to charge their vehicles until the repairs have been performed. This class action lawsuit wasn’t filed until after Ford issued a recall and agreed to repair impacted vehicles for free, however. The automaker also rolled out customer satisfaction program 23N06, which provides owners with a free one-time replacement of the engine’s long block if the connecting rod bearing fails, for up to 100,000 miles or 10 years after the warranty start date.

Brett's lost track of all the Fords he's owned over the years and how much he's spent modifying them, but his current money pits include an S550 Mustang and 13th gen F-150.

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Brett Foote

Brett's lost track of all the Fords he's owned over the years and how much he's spent modifying them, but his current money pits include an S550 Mustang and 13th gen F-150.

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