After years of frustrating, ineffective transmission repairs and dangerous driving experiences, much needed financial relief may finally be in the future for certain Ford owners and former owners of 2011-16 Fiesta and 2012-16 Focus vehicles. The Ford DPS6 class action settlement,Vargas v. Ford Motor Company, has been revised and is now approved by the court after years of scrutiny, criticism, and following its rejection by the U.S. Court of Appeals that overturned the original Ford class action settlement on multiple grounds and returned it to the trial court to address with the parties. While far from ideal, the now revised Ford class action settlement does offer some new options to owners that could be extremely important and valuable, particularly for those qualifying owners and former owners who faced constant transmission repair challenges. Stern Law is of course here to help as we have in the past, and we urge current and former owners of these PowerShift equipped Focus and Fiesta vehicles to immediately contact our firm as this opportunity will only be available for a limited time, which could be as short as 180 days from April 5, 2020, for some - and there’s much work to be completed during that limed time period to prepare and submit claims for deserving owners.
DCT250 DPS6 Transmission Control Module TCM TCU For Ford Focus C-MAX Fusion Ecosport WEIXY Electronics DSG TCU TCM www.auto-chips.com. Last July, Ford documents showed the company indeed knew of the DPS6 transmission's defects, but continued selling the Focus and Fiesta with the component. Updated 2018 Ford Fiesta ST goes with a.
Needless to point out, the Coronavirus pandemic is gripping our nation right now as it sweeps across the nation, creating worry and fear for everyone. In spite of this challenging period, our dedicated staff remains fully involved, working remotely from their homes as we continue protect the rights of our deserving DPS6 clients eager to be bought out of their vehicles.
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history of Ford’s DPS6 Automatic Transmission Problem
Dating back to 2012, Ford Motor Company has been the subject of a class action lawsuit related to the significant issues owners faced with the PowerShift transmission in their Focus and Fiesta vehicles. The PowerShift system, a dual-clutch transmission (DCT), was intended to provide owners the ‘experience’ of driving an automatic while benefiting from the fuel economy of a manual, has been far from acceptable for many and has cost the company quite literally hundreds of millions of dollars in repair costs. This troublesome transmission has also resulted in significant problems for current and former owners who never expected to be driving what appears to be a failed experiment, as contended in lawsuits we've filed against Ford. More troubling than the failure of this transmission, though, has been Ford’s effort to understate and, at times, to conceal the extent of the problem and how it affects owners of these vehicles.
A class action law firm, Capstone Law (not our firm!), took notice of the issues Ford faced and sued Ford on behalf of owners of the subject Focus and Fiesta vehicles at that time. Years of litigation followed between Capstone and Ford, resulting in a class action settlement that, among other features, provided some limited compensation for owner inconvenience associated with multiple repairs, beginning with only $200 for those who received transmission repairs on three separate occasions, and other potential benefits.
A buyback program was also established as a part of the agreement, with significant limitations, which we felt were more designed to exclude than include deserving owners of the compensation they deserved. The terms required, for instance, that owners have the required number of transmission repairs within a defined time period based on state Lemon Law in order to qualify for that repurchase or buyback. However, state Lemon Law limitations imposed by the statute of limitations and other requirements that repairs occur during the warranty period, or even before the expiration of the warranty in certain instances, would have prevented claims for many. Further, the original settlement terms did NOT permit owners to pursue claims and seek the compensation available based on long standing consumer protection statutes, federal Lemon law, and fraud based claims accessible to consumers in many if not all states.
However, in exchange for these very limited “benefits” available in the original class action settlement, over a million current and former Focus and Fiesta owners failed to opt out of the class action settlement and thereby forfeited valuable legal rights to take direct legal action against Ford based on Ford’s concealment and fraud, with the added ability to pursue claims based on consumer protection statutes, federal Lemon law, in addition to these fraud based claims accessible to consumers in most states. We are very proud that Stern Law assisted over 12,000 Focus and Fiesta owners located throughout the United States in opting out of the original class action settlement in 2017 to pursue their individual claims against Ford, with the full access to all legal remedies, not merely state Lemon law. Our firm actually represents more Focus and Fiesta victims than any law firm in the country today.
Since the original class settlement was approved, Objectors to the class action settlement had their voices heard before the U.S. Court of Appeals. Critical to their arguments was that the class action settlement failed to account for a wide range of damages which owners experienced, as well as differences in treatment among certain current and former owners. The Court of Appeals agreed in part and overturned the class settlement, forcing Ford and class counsel to renegotiate the terms of the deal that would need to be considered and eventually approved by the court. The Fairness Hearing for the revised class settlement occurred on February 28, 2020. As approved by the court on March 5, 2020, the revised class settlement becomes ‘the final class settlement’ governing the rights of all owners who failed to opt out of the class action settlement or commence individual litigation against Ford during or prior to 2017.
Moving Past your PowerShift Transmission Problem
We continue to believe that every owner should have been offered far more for the personal and financial issues the failure of these transmissions has caused. We do not believe the ‘inconvenience,’ cash/certificate awards, nor the arbitration process that’s limited to state Lemon law can or will ever fully address all these issues. Nor do they even come close to comparing in value to monetary awards and judgments obtained by owners who opted out of the case – one case resulted in an award of $700,000, another $64,000 and a lease-based case for $24,000. Of course ever case is different and results vary based upon the facts, but Ford, to our knowledge, has lost every DPS6 case that went to trial and for good reason.
We had also hoped class members would be given another opportunity to opt out, but that’s unfortunately not available based upon the revised class action settlement. That’s particularly bothersome due in part to the facts that emerged from our ongoing lawsuits featured in investigative reporting by the Detroit Free Press and USA Today. Those reports not only revealed the problems faced by owners were far more widespread than anyone could have imagined, but also how much Ford, and Ford’s employees, knew about the issues while the company and its dealers misled drivers the issues were minor, ‘normal operating characteristics’ or unworthy of repair. Even when the company issues ‘Customer Satisfaction Programs’ aimed at addressing transmission problems, dealers often failed to ‘replicate the issue’ or determine that any repair was needed. All of this is to say that our firm believes there have been a LOT of problems with Ford’s DPS6 transmission, and even more problems with Ford’s disturbing response to the matter.
As you can see by navigating this website or reading the various news articles written about our lawsuits against Ford Motor Company for these defective transmissions, we are a significant voice in representing clients with cases involving the DPS6 transmission. We also have unique knowledge about the problems owners have faced and how Ford handled (or didn’t handle) them. Lead attorney Ken Stern has consistently been recognized as a leader in this case due to his tireless work for clients from every state, in warning consumers about the issues with these vehicles, and by leading thousands of owners in their legal claims against Ford.
Have questions? Contact our offices today.
FLEX Version 220.127.116.11 is ready
MAGICMOTORSPORT has released an exclusive solution for full OBD and Bench programming of the Getrag DC4 TCUs installed in Renault and Ford DPS6 (Powershift) brand vehicles. Thanks to this new update, it is now possible to access all the IntFlash, IntEEprom and EEprom memories through the Full Backup function guaranteeing the user an identical copy of the TCU without need of adaptation.
The new OBD / Bench Full (service mode) solution for the programming of the petrol version of Magneti Marelli 8Gxx ECUs has also been released in this 18.104.22.168 SW version.
Meanwhile, the migration of protocols from MAGPro2 X17 to FLEX continues. The OBD protocol for Continental SDIx ECUs installed on Porsche brand vehicles been added and made even better as the Restore ORI function is now available for this family of ECUs.
New protocols added:
- Abarth Marelli 8GMF OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Alfa Romeo Marelli 8GMF OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Alfa Romeo Marelli 8GSF OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Buick Delco E39 BOOT: Read/Write/Checksum IntFlash
- Cadillac Delco E39 BOOT: Read/Write/Checksum IntFlash
- Chevrolet Delco E39 BOOT: Read/Write/Checksum IntFlash
- Dodge Marelli 8GMW OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Fiat Marelli 8GMF OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Fiat Marelli 8GMW OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Fiat Marelli 8GSF OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Fiat Marelli 8GSW OBD: Read/Write/Checksum IntFlash, Virtual read, Read/Write Eeprom
- Ford GETRAG DPS6 BENCH: Read/Write/Checksum Maps, Read/Write IntEeprom, Read/Write ExtEeprom, Clone supported by Full backup option ( No adaptation needed )
- Ford GETRAG DPS6 OBD: Read/Write/Checksum Maps, Read/Write IntEeprom, Read/Write ExtEeprom, Clone supported by Full backup option ( No adaptation needed )
- GMC Delco E39 BOOT: Read/Write/Checksum Maps
- Holden Delco E39 BOOT: Read/Write/Checksum Maps
- Opel Delco E39 BOOT: Read/Write/Checksum Maps
- Porsche Continental SDI10.1 OBD: Virtual read/Write/Checksum Maps, Restore ORI
- Porsche Continental SDI10.2 OBD: Virtual read/Write/Checksum Maps, Restore ORI
- Porsche Continental SDI3 OBD: Read/Write/Checksum Maps,
- Porsche Continental SDI4 OBD: Read/Write/Checksum Maps,
- Porsche Continental SDI6 OBD: Virtual read/Write/Checksum Maps, Restore ORI
- Porsche Continental SDI7 OBD: Virtual read/Write/Checksum Maps, Restore ORI
- Porsche Continental SDI8 OBD: Virtual read/Write/Checksum Maps, Restore ORI
- Renault GETRAG DC4 BENCH: Read/Write/Checksum Maps, Read/Write IntEeprom, Read/Write ExtEeprom, Clone supported by Full backup option ( No adaptation needed )
- Renault GETRAG DC4 OBD: Read/Write/Checksum Maps, Read/Write IntEeprom, Read/Write ExtEeprom, Clone supported by Full backup option ( No adaptation needed )
- Saab Delco E39 BOOT: Read/Write/Checksum Maps
- Subaru DENSO SH72543 BENCH: Read/Write/Checksum Maps, Read/Write IntEeprom
- Subaru DENSO SH72543 OBD: Read/Write/Checksum Maps, Read/Write IntEeprom
- Vauxhall Delco E39 BOOT: Read/Write/Checksum Maps
- Fixed E78 bootloader writing
- Fixed BMW EDC16C35 OBD writing
- Fixed PSA MEVD17.4.2 OBD writing
- Fixed Password reading on FORD SID209 BOOT
- Added GUI info about real time voltage and amperage values
- Added service mode for Marelli 9DF
- Added new type of Continental SIMOS11.1 OBD
- Added new type of EMS24xx OBD