Santa Clara, CA: A proposed consumer fraud class action lawsuit has been filed against Ford Motor Co., alleging the company sold car jacks with sports vehicles that are too small to fit their lifted trucks, so that car owners are unable to change their tires.
Filed in Oklahoma federal court, by lead plaintiff Matthew W. Leverett, the proposed national class action alleges the Ford’s trucks have a manufacturer’s window sticker that indicates that the vehicles come equipped with a jack and spare tire. However, the sticker doesn’t disclose that the jack and spare tire are only compatible with so-called stock trucks of the same model, and not with the higher lifted trucks, the plaintiff contends.
According to the complaint, Leverett’s 2017 Ford F-250 Super Duty Truck came with a jack that isn’t compatible with his vehicle because the tires on his truck are larger and the ride heights are higher than so called stock trucks. Leverett asserts Ford failed to inform him of the car jack’s deficiencies when he purchased the truck.
“Each person who has purchased or leased a lifted truck during the time period relevant to this action was injured by overpaying for a vehicle that did not come equipped with a functioning jack and spare tire, as Ford represented, and as each purchaser would have reasonably expected,” the lawsuit states. "These jacks cannot safely be used on, and are not compatible with, the relatively higher frames of the lifted trucks," the complaint states.
Further, Leverett asserts that before buying the 2017 Ford F-250 Super Duty Truck, he was told the lift kit and larger tires were covered under a vehicle service agreement he purchased through Ford Motor Credit Company LLC, a division of Ford Motor Co. However, after buying the truck, he discovered the lift kit and larger tires were not covered by Ford’s manufacturer’s warranty.
Leverett seeks to represent a class of car users who have had similar experiences. The proposed class action claims violations of the Oklahoma Consumer Protection Act and breaches of the implied warranties of merchantability under the Uniform Commercial Code. Leverett is seeking damages and equitable and declaratory relief on behalf of himself and a nationwide class and a statewide class of individuals who purchased or leased one or more new Ford trucks equipped with a lift kit and larger-than-stock tires.
The consumers are represented by William B. Federman and Joshua D. Wells of Federman & Sherwood and of counsel Patricia I. Avery and Robert S. Plosky of Wolf Popper LLP.
The case is Leverett et al. v. Ford Motor Co., case number 5:17-cv-00751, in the U.S. District Court for the Western District of Oklahoma.
