Well, lot of history with this.
Strange, our GMI full time Ford 'presence' never informed nor
kept the forum informed.
I t would be super interesting for certain to examine and juxtapose the timeline of Legal Developments with all this - and certain kinds of posting here by certain Posters.
:lmao::yup:
I digress.... humorously.
One way to become familiar with some of the basics ( but nowhere near all nor in any kind of technical detail ) of this issue is to read thru @ the following link.
This only covers part of the topic, and only part of the Explorer's where complaints have been lodged @ NHTSA and also does not deal with Explorer Sport ie anything but 3.5 na V6s. Also does not delineate all conditions under which Ford Owners say it can occur.
Also does not deal with 2016 / 2017 MYR Explorer Product of any kind.
This only at most, brings much of the topic up to
11OCT2016.
Buried in it somewhere is a list of approximately somewhere between Eight to Twelve to more ? other Certified Class Actions brought forward on the same issues.
Remember. this is a Proposal for a Settlement which 'appears' to have bogged down since.
( Obviously one can do the right kind of Legal Search to find any and all record of further developments. )
As but one telling example, the mandated Website
www.explorerexhaustsettlement.com is still not up.
This Poster if involved somehow, would have been far, far beyond embarrassed that this 'Proposal' was ever presented to the Judge - it's that ridiculous and silly.
Most cluster ****ed Proposal ( even considering it comes from Florida ) I've read for Automotive in
quite awhile.
And inadequate.
'Opting out' may end up with unusual appeal.....for some.
It's as if Ford and their Representatives wrote most of it - with
only an eye on minimizing cost ( and further technical investigation ) , and furthermore, not likely to stand up to any kind of serious Legal Scrutiny if subjected to it.
Also puts NHTSA in a
real interesting bind.....:yup::yup::yup:
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Quote:
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Angela Sanchez-Knutson, individually and on behalf of all those similarly situated,Plaintiff,v. Ford Motor Company,Defendant.
CASE NO. 14- cv-61344 WPD
PLAINTIFF’S UNOPPOSED MOTION FOR CONDITIONAL CERTIFICATION OF NATIONAL SETTLEMENT CLASS, PRELIMINARY APPROVAL OF NATIONAL CLASS SETTLEMENT
AND APPROVAL OF PROPOSED CLASS NOTICE AND INCORPORATED SUPPORTING MEMORANDUM
With this unopposed motion, plaintiff Angela Sanchez-Knutson seeks to conclude this litigation in a manner that benefits up to 1 million similarly situated persons across the
country.
Sanchez -Knutson seeks certification of the following settlement class: All entities and persons who purchased or leased in the United States at least one of the following
vehicles: 2011 Ford Explorer, 2012 Ford Explorer, 2013 Ford Explorer, 2014 Ford Explorer or 2015 Ford Explorer.
1 In addition, Sanchez-Knutson seeks preliminary approval of a possible class action settlement, as well as an order approving a notice, consistent with Fed. R. Civ. P. 23(b)(3). The proposed settlement has several principal components of relief:
» Ford will advise class members, through the class notice, of new available repairs for those with exhaust odor concerns, available for free on vehicles still under warranty. These repairs are described in a
< optional > TSB -- Ford’s third, and will be applied in two parts.
Part one involves sealing actions and part replacement, including HVAC recalibration, which tracks the fixes set forth in TSBs 12-12-4 and 14-0130, and
also involves additional sealing efforts, available
in certain vehicles if the initial repairs do not address the concern, involves replacing the exhaust tips and muffler assembly, which will redirect exhaust gases.
» All Explorer owners and lessees
who are within their 3 year/36,000 mile warranty will thus be expressly put on notice of the exhaust issue. For those who have such issues, they will be eligible for warranty repairs at no cost.
» In addition, those Explorer owners/lessees who received a warranty repair or for whom a Ford dealer diagnosed an exhaust odor problem but didn’t repair while under warranty will be entitled to up to
$125 reimbursement for a TSB repair work
performed at the later of 4 years/48,000 miles (whichever comes first) or 60 days after the effective date of the settlement.
Thus, the settlement provides a
subsidized repair for those owners/lessees who are currently outside their warranty time limits.
» This same group – those who received warranty repair or for whom a Ford dealer diagnosed an exhaust odor problem but didn’t repair while under warranty and who are now outside warranty – will be entitled to up to
$500 in
reimbursement for a second TSB repair
involving exhaust system replacement, a more expensive repair, if the first TSB doesn’t work.
» Deadlines
may be extended by as much as 60 days if the TSB repair parts are unavailable.
» Those 2011-2015 Explorer owners or lessees
who didn’t receive warranty repair or exhaust odor diagnosis during their warranty coverage period will be entitled to up to
$125 to reimburse them for the cost of a TSB repair.
The TSB may be performed
up to the later of 60 days after the expiration of their warranty or the effective date of the settlement.
» For those owners/lessees who received a warranty repair
and remain dissatisfied with their vehicles’ repair after
at least two attempts to perform the most currently available repair the settlement includes a stream-lined appeal process to the Better Business Bureau, which is the appeal board referenced in Ford’s warranty.
This appeal will be done at no cost to the owners/lessees, and Ford – as part of the settlement – will waive the following defenses: (a) that the statute of limitations has run;
and (b) that the warranty doesn’t cover design defects (which is the defense Ford successfully invoked in the Cassidy BBB arbitration). -
End Quote.
http://pdfserver.amlaw.com/dbr/PlaintiffsUnopposedMotion.pdf
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So.... Imo..... this ( plus some more detailed other ) reads as if there various types and combinations of defects perhaps even not fully known in total, that can allow Exhaust Gas entry into the Cabin.
There is a sequence of various Actions and Remedies outlined in this Proposal which to a large extent, depends on the Vehicle status and condition.
Including, but by no means limited to at least two types of possible Exhaust System replacements.
What is not clear from the above is that the second, larger type Exhaust System Replacement is approachable from more than one angle and is also the last Remedy provided in a Last Line of Defense or
to do list kinda' way..... and which still may not fix the problem. Before going to a possible Buy Back / Replacement or 'related'.
Which in turn suggests the possibility that at least some part of this is about Exhaust Systems that either are, or will likely turn out eventually to be defective.
Which in turn may on
some .... even if largely or fully replaced along with all other Remedy applied per Ford instruction .... may not solve the problem.
Interesting.
In so many ways.