New Class-Action Lawsuit Puts Ford and Bosch in Crosshairs of Latest Emissions Scandal

01/10/2018

Lawsuit says Ford’s Super Duty trucks sold as the “Cleanest Super Diesel Ever” emit 30 to 50 times legal limits of harmful pollutants

DETROIT – A class-action lawsuit filed today accuses Ford and Bosch of knowingly installing emissions-cheating software devices in 2011-2017 Ford 250 and 350 Super Duty diesel pickup trucks, akin to the devices at the center of Volkswagen’s Dieselgate scandal, allowing the affected pickups to pollute at levels up to 50 times legal limits, according to Hagens Berman.

The law firm is the same firm responsible for emissions lawsuits against Fiat Chrysler, Mercedes, General Motors and Volkswagen, and conducted independent testing of the 2011-2017 Ford 250 and 350 Super Duty trucks, which revealed emissions of harmful pollutants including NOx (nitrogen oxide) at up to 50 times legal emissions standards. The suit adds that the diesel Super Duty trucks that pollute at illegal levels cost $8,400 more than their gasoline counterparts. Even in average stop-and-go conditions, emissions are routinely as high as five times the standard, the suit says.

The class action hits Ford and Bosch with a total 58 counts of violations of state consumer laws, false advertising laws, deceptive trade laws as well as violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), adding that “Ford did not act alone,” but colluded with Bosch in an organized scheme to evade emissions requirements, for sake of profit.

The lawsuit, filed Jan. 10, 2018, in the U.S. District for the Eastern District of Michigan, states that the trucks’ touted performance, power and towing capabilities are only obtained by switching off or turning down emissions controls when the software senses the vehicle is not in an emissions-testing environment.

If you own a 2011-2017 Ford 250 and 350 Super Duty truck find out more about the class-action lawsuit against Ford.

“Ford has joined the ranks of Volkswagen, Fiat Chrysler, Mercedes and GM in its scheme to rake in profits for diesels that pollute at levels too high to even legally sell in the U.S., all while charging a $8,400 premium over comparable gas Super Duty models,” said Steve Berman, managing partner of Hagens Berman. “In my opinion, based on our testing where under real world conditions these trucks are 30 to 50 times the standard, Ford should have called these ‘Super Dirty’ not ‘Super Duty.’”

Hagens Berman’s independent testing shows the affected Super Duty trucks “emit levels of NOx many times higher than (i) their gasoline counterparts, (ii) what a reasonable consumer would expect, (iii) what Ford had advertised, (iv) the Environmental Protection Agency’s maximum standards, and (v) the levels set for the vehicles to obtain a certificate of compliance that allows them to be sold in the United States,” according to the complaint.

“Our firm is the only law firm that has developed a system of independent research, including a team of dedicated scientists road-testing vehicles to uncover the next instance of emissions fraud that has blindsided consumers,” Berman said.

“In certain common driving conditions, such as modest uphill road grades, or with the use of a trailer that adds weight, emissions exceed the standard by 30 to 50 times,” the lawsuit states. “Ford advertised these vehicles as ‘best in class towing capabilities’ and expected Super Duty trucks to pull significant loads. Ford omitted to disclose that with ‘best in class towing’ came with a byproduct of high NOx emissions, sometimes exceeding legal standards by 30 to 50 times.”

The suit says Ford also deceived consumers in calling its diesel Super Duty trucks “fuel efficient,” and that without manipulating its software to turn off emissions controls, Ford could not have achieved the fuel economy it promises.

Find out more about the class-action lawsuit against Ford.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with 11 offices across the country. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at https://www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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Ashley Klann
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