in Newswire Published on July 7, 2022

Ford Hit with Class Action Lawsuit After Mustang Mach-E Recall

Kegele et al. v. Ford Motor Company

Filed: July 1, 2022 ◆§ 2:22-at-00677

A class action alleges Ford Mustang Mach-E models sold between May 2020 and May 2022 are equipped with a “defectively designed” high-voltage battery main contactor.

Defendant(s)

Ford Motor Company

Law(s)

Magnuson-Moss Warranty Act California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act Song-Beverly Consumer Warranty Act

State(s)

California

Categories

Automotive Defective Products False Advertising Fraud

A proposed class action lawsuit alleges Ford Mustang Mach-E models sold between May 2020 and May 2022 are equipped with a “defectively designed” high-voltage battery main contactor that’s prone to overheating and can cause the electric vehicle to lose power.

The 15-page complaint was filed less than a month after Ford announced a recall of nearly 49,000 Mustang Mach-E electric vehicles that could lose power while in motion or potentially fail to start. With the recall, which Ford told federal regulators included just about all Mustang Mach-Es sold from May 2020 to May 2022, the automaker instructed dealers to temporarily halt sales of the vehicle due to safety concerns.

The lawsuit says that when the Mustang Mach-E battery contactor fails, typically during ordinary use, it can cut off engine power and power to certain electrical systems, which in turn can disable a car’s safety features.

Per Consumer Reports, a Mustang Mach-E’s battery contactor may overheat after the vehicle has been plugged into a direct-current charger or following heavy acceleration, which may lead to arcing and the deformation of electrical contact surfaces.

According to the case, Ford’s “defective design” of the battery main contactor has left drivers with electric vehicles that have not only diminished in value but “cannot be operated safely without fear of catastrophic event,” and that require modifications beyond the over-the-air software updates that the automaker claims will resolve the issue.

“In fact, if FORD is simply cutting power [through] the ‘over the air’ software update, recharge times will be much slower and acceleration times will be longer,” the suit contends.

The complaint goes on to say that despite the “obvious safety concerns” over the Mustang Mach-E battery contactor problem, Ford has declined to issue instructions to stop driving affected vehicles. According to the lawsuit, the recall fails to address the “design defects” that could cause a vehicle to become disabled during operation.

The lawsuit looks to represent all current and former owners and lessees of a Mustang Mach-E sold between May 2020 and May 2022 who are subject to the recall initiated by Ford.

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