We have been contacted by many consumers seeking information regarding the recent class action settlement pertaining to defective transmission and clutch assemblies in 2011-2016 Ford Focus and 2012-2016 Ford Fiesta vehicles. (Vargas, et al. v. Ford Motor Company (Case No. CV12-08388 AB (FFMx)). Many of those consumers have asked the same question after receiving a postcard in the mail – How do I opt out of the Ford Focus and Fiesta class action? The class action notice is shockingly weak on details on how to opt out to preserve your lemon rights, and if you fail to take action by September 5, 2017 you will automatically be included as part of the class.

If you would like opt out of the class action, here is what you should do. Send a letter with your name, address, and telephone number addressed to:

Ford Transmission Settlement
P.O. Box 404000
Louisville, KY 40233-4000

Your letter should unambiguously state that you are requesting to opt out and desire to be excluded from the class in Vargas v. Ford Motor Co. In addition to providing your name, address, and telephone number, the letter should also provide the model, year, and VIN of your vehicle, and you must sign the letter. Most importantly, you must put this stamped letter in the mail so that it is post-marked no later than September 5, 2017. If you do not opt out of the Vargas v. Ford class action by September 5, 2017, your lemon law rights will be drastically restricted by the class action settlement.

Instead of Ford consumers getting most of their money back under California’s lemon law, the settlement proposes to pay consumers only a minuscule cash payment, or Ford will provide a certificate to buy another Ford vehicle. If problems persist, consumers’ rights to make future lemon law claims would be drastically limited. California’s lemon law provides much stronger remedies and far greater relief to consumers than the Vargas v. Ford class action, and unless you intend to be bound by the class action settlement you must take action and opt of the class action settlement.

Lemon Law Aid is a California consumer protection firm dedicated to protecting the lemon law rights of California consumers. If you have a 2011-2016 Ford Focus or 2012-2016 Ford Fiesta vehicle with a defective PowerShift or dual clutch transmission, contact our office immediately for a no obligation consultation.

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