Ford Misrepresented Towing, Hauling Capacity for Now-Recalled 2020 F-350 Trucks, Class Action Alleges
Rathmann v. Ford Motor Company
Filed: June 14, 2021 ◆§ 6:21-cv-00610
A class action alleges Ford Motor Company has materially misrepresented the towing and hauling capacity for its 2020 model year F-Super Duty: F-350 pickup trucks.
Texas
A proposed class action alleges Ford Motor Company has materially misrepresented the towing and hauling capacity for its 2020 model year F-Super Duty: F-350 pickup trucks.
The 30-page lawsuit out of Texas claims that although Ford has touted the 2020 F-350 as having “best in class” towing capacity and specifically marketed the trucks as capable of towing heavy loads, the automaker has, in truth, overstated the actual specifications of the vehicles.
The complaint says that in the event a “class vehicle,” in particular the variety equipped with a 6.7L diesel engine, single rear wheels, 4x4, crew cab, long box and either the 12k or 12.4k gross vehicle weight ratings, is loaded to the payload capacity stated on its tire and loading information (TREAD) label, the truck will in fact exceed its gross vehicle weight rating (GVWR) or gross axle weight rating (GAWR) and therefore be overloaded and unsafe to drive.
Per the case, Ford overstated on each recalled F-350’s TREAD label its weight capacity by “anywhere from 78 to 900 pounds.”
“In other words, by using the Vehicles for the purpose for which they were designed—superior towing and hauling—Ford’s customers (i.e., the Class members) experience not only increased wear and tear on their vehicle, but also an increased risk of dangerous accidents,” the suit claims.
Central to the lawsuit is a February 2021 National Highway Traffic and Safety Administration (NHTSA) recall report covering nearly 10,000 2020 Ford F-Super Duty: F-350 vehicles. The report states that the specified vehicles display “overstated payload capacity values” on their TREAD labels, as well as overstated accessory reserve capacity (ARC) on their safety certification labels and overstated weight values on their truck camper loading documentation.
Without the ability to haul the payload capacity represented by Ford, 2020 model year F-350 pickup trucks are “substantially less valuable,” the suit charges, and drivers, per the case, are left to spend significant money to replace their vehicle with “one that has the load weight capacity and payload capacity” the automaker “originally, incorrectly” claimed the trucks have.
“Had Ford disclosed the actual payload and load weight capacity, Plaintiff and the Class members would not have purchased/leased their vehicles or would have paid less for them,” the complaint reads.
According to the lawsuit, Ford “knew the truth” about the 2020 F-350’s actual load weight and payload capacities long before consumers were informed that the information on such had been misrepresented. Although it became aware of its misrepresentations impacting the pickup trucks “as early as September 4, 2020 (if not earlier),” and despite possessing knowledge about the risk of increased wear and tear and accidents, Ford waited until March 2021 before owners and lessees were notified of the inaccurate labels, the suit says, stressing that Ford, between last September and last March, continued to advertise, market and incorrectly represent the trucks.
The lawsuit looks to represent all individuals in the U.S. who, prior to March 2021, bought or leased any 2020 Ford F-Super Duty: F-350 configured with the 6.7L diesel engine, single rear wheels, 4x4, crew cab, long box and either the 12k or 12.4k gross vehicle weight ratings.
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