UNITED STATES DISTRICT COURT
[Insert Appropriate District]
[Plaintiff’s Name], individually and on behalf of all others similarly situated,
Plaintiff,
v.
FORD MOTOR COMPANY,
Defendant.
Civil Action No.: ___________
CLASS ACTION COMPLAINT
(Jury Trial Demanded)
INTRODUCTION
- Plaintiff brings this class action on behalf of themself and a nationwide class of consumers who purchased or leased vehicles equipped with Ford’s 5.4L Triton engines that contain defective cam phasers.
- The cam phaser defect causes premature engine failure, loud knocking or rattling noises, reduced performance, and, in many cases, catastrophic engine damage requiring costly repairs or complete engine replacement.
- Ford knew, or should have known, about the widespread cam phaser defect but concealed it from consumers, continuing to market and sell vehicles equipped with the 5.4L Triton engines.
- Plaintiff and class members seek damages, restitution, injunctive relief, and any other appropriate remedy for Ford’s conduct.
PARTIES
- Plaintiff [Name] is a resident of [State] who purchased/leased a Ford vehicle equipped with a 5.4L Triton engine.
- Defendant Ford Motor Company (“Ford”) is a Delaware corporation with its principal place of business in Dearborn, Michigan. Ford designs, manufactures, markets, distributes, and sells vehicles throughout the United States.
JURISDICTION AND VENUE
- This Court has subject matter jurisdiction under 28 U.S.C. § 1332(d) (Class Action Fairness Act) because this action involves a nationwide class, the amount in controversy exceeds $5,000,000, and Ford is a citizen of a different state than many class members.
- Venue is proper under 28 U.S.C. § 1391 because Ford transacts business in this District and a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred here.
FACTUAL ALLEGATIONS
- The Ford 5.4L Triton V8 engine, used in F-150 trucks, Expeditions, and other Ford models from approximately 2004 to 2010, is equipped with cam phasers that control valve timing.
- The cam phaser defect manifests as premature wear, failure of timing chains, excessive noise (“cam phaser rattle”), engine stalling, and loss of power.
- Repair costs for cam phaser failure range from $2,000 to over $8,000, and many owners are forced to replace entire engines prematurely.
- Ford issued multiple Technical Service Bulletins (TSBs) acknowledging cam phaser noise and failure, but did not issue a recall or provide a permanent fix.
- Ford concealed the cam phaser defect from consumers and continued to market its vehicles as durable, reliable, and long-lasting.
- Consumers reasonably relied on Ford’s representations and would not have purchased or paid as much for the vehicles had they known about the defect.
CLASS ALLEGATIONS
- Plaintiff seeks to represent a Nationwide Class of:
“All persons in the United States who purchased or leased a Ford vehicle equipped with a 5.4L Triton engine containing cam phasers.”
- Excluded from the Class are Ford, its affiliates, employees, officers, directors, and the Court.
- Common questions of law and fact include:
- Whether the cam phasers are defective;
- Whether Ford knew of the defect and concealed it;
- Whether Ford breached express and implied warranties;
- Whether Ford violated consumer protection statutes;
- The appropriate measure of damages.
- Plaintiff’s claims are typical of the Class, and Plaintiff will fairly and adequately protect the interests of the Class.
- A class action is superior because individual litigation would be impractical, given the costs and size of individual claims.
CLAIMS FOR RELIEF
Count I – Breach of Express Warranty
Ford warranted its vehicles as free from defects and fit for use. The cam phaser defect breaches those warranties.
Count II – Breach of Implied Warranty of Merchantability
The vehicles were not of merchantable quality or fit for ordinary driving use.
Count III – Violation of State Consumer Protection Statutes
Ford engaged in deceptive acts by concealing the cam phaser defect and misrepresenting the vehicles’ reliability.
Count IV – Fraudulent Concealment
Ford knowingly concealed material facts regarding the cam phaser defect.
Count V – Unjust Enrichment
Ford profited from sales of defective vehicles at the expense of consumers.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, on behalf of themself and the Class, respectfully requests that the Court:
a. Certify this action as a class action;
b. Appoint Plaintiff as class representative and counsel as class counsel;
c. Award damages, restitution, and disgorgement;
d. Order injunctive relief, including requiring Ford to repair or replace defective cam phasers;
e. Award attorneys’ fees, costs, and interest; and
f. Grant such further relief as the Court deems just and proper.
JURY DEMAND
Plaintiff demands a trial by jury on all claims so triable.
Respectfully submitted,
[Law Firm / Plaintiff’s Attorney Information]