Proposed Classes
As set forth in their September 28, 2023, motion, the plaintiffs seek to represent:
- All persons in Illinois who formerly or currently own or leased one or more 2017-2020 Model Year F-150 truck equipped with a 10R80 10-speed automatic transmission (“Illinois Class”);
- All persons in California who formerly or currently own or leased one or more 2017-2020 Model Year F-150 truck equipped with a 10R80 10-speed automatic transmission (“California Class”);
- All persons in Massachusetts who formerly or currently own or leased one or more 2017-2020 Model Year F-150 truck equipped with a 10R80 10- speed automatic transmission (“Massachusetts Class”); and
- All persons in New York who formerly or currently own or leased one or more 2017-2020 Model Year F-150 truck equipped with a 10R80 10-speed automatic transmission (“New York Class”).
Allegations Against Ford
“[S]ince 2012, Ford has explored the feasibility of a 10-speed transmission—up from its predecessor 6-speed—and sold them (dubbed the 10R80 ‘Transmission’) to consumers beginning in its model year 2017 F-150 trucks,” claims a supporting memorandum, and “Ford has been aware of harsh, jerky, erratic, lunging, hesitating and otherwise inconsistent shifting in the 10R80 Transmission, but has been unable to resolve these malfunctions caused by the ‘Defect.’” The plaintiffs describe this alleged defect as “the inability of the Transmission’s internal seals to maintain the intended and necessary pressure on either side of the seal to ensure secure and timely engagements of each clutch required for a specific gear.”
The filing further claims the alleged defects were confirmed soon after sale to the public—“indeed, Ford has recently published its tenth service bulletin explicitly addressing harsh and erratic shifting in 2017-2020 F-150s (alongside other vehicles equipped with the 10R80 Transmission).”
Yet, Ford allegedly “insists that there is no Defect, and that harsh and erratic shifting is normal operation for the Transmission.” The plaintiffs further contend “Ford’s concealment of the Defect continues to present day: Ford’s Answer in this litigation denies that there is a Defect at all . . . as do numerous filings and discovery responses . . . despite the overwhelming evidence to the contrary.”
Ford has, in turn, filed a motion to deny class certification. The plaintiffs seek a hearing on October 4, 2023, on their motion.
The case is O’Connor v. Ford Motor Co., number 1:19-cv-05045, in the U.S. District Court for the Northern District of Illinois.
