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National Fraud Class Action Filed Against Ford over Cracked Tailgates

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New York, NY: A consumer fraud class action lawsuit has been filed in the United States District Court for the Northern District of California on behalf of a proposed nationwide class of consumers of certain Ford SUVs that have experienced damage, in the form of a large crack, to the tailgate of their vehicles.

The Complaint alleges that Ford knowingly and fraudulently concealed the cracked tailgate issue in connection with its sale and delivery of model 2002 through model 2005 Ford Explorers and Mercury Mountaineers, and model 2003 through model 2005 Lincoln Aviators. Indeed, according to the Complaint, although Ford knew about the cracked tailgate problem in early-2002, Ford continued to sell the affected vehicles and systematically refused to repair or replace the damaged tailgates both inside and outside of the warranty period. The continued sale and delivery of these Ford vehicles violated the various consumer protection laws of the United States and also constitutes common law fraud, breach of express warranty, and unjust enrichment.

The Complaint also alleges that Ford made material misrepresentations and concealed material information regarding the design defect that caused the cracked tailgate issue. Moreover, Ford intentionally misled the public so they could continue to sell the affected Ford vehicles and avoid the expense of repair or redesign of the cracked tailgates.

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Reader Comments

Posted by

on
My 2005 Ford explorer has a crack in its tailgate. I am worried about the window blowing out. I had to replace the locking mechanism him once already, The mechanic said it was due to the moisture coming through the crack.

Posted by

on
I have had to change my tailgate glass twice. The first time it broke my son was driving down the interstate and the glass shattered. The second time it was broken when I went to leave for work. I thought someone had broken into my car by way of the tailgate. I'm not so sure about that anymore. We got the window repaired a second time, and barely got home before we had a crack in the tailgate again. I try not to use the tailgate for fear of it breaking again, which defeats the purpose of having a cargo area in your vehicle.

Posted by

on
I own a 2005 for explorer my lift tailgate cracked a few years ago. Since then I have had problems with the glass staying attached and have water damage in the inside of my vehicle.

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