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.