Ford dealt class-action lawsuit over C-Max, Fusion hybrid mileage claims

[Buntz]

http://green.autoblog.com/2012/12/26...hybrid-mileag/

Ford may be clearly stating that it is not discussing any particular models with the Environmental Protection Agency as an official investigation continues, but that isn't stopping the people from filing a federal class action lawsuit against the automaker over mileage claims for the C-Max and Fusion Hybrid vehicles.

In August, Ford said the C-Max Hybrid gets a clean 47 miles per gallon in all three categories (city/highway/combined). The Fusion got the same grades. The lawsuit, which was filed earlier this month in US District Court in the Eastern District of California, claims that the marketing campaign Ford is using to promote the fuel economy for those two models is "false and misleading." Ford also used "misrepresentations and omissions" to promote the cars, says the claim.

What's interesting here – and in the Hyundai/Kia MPG situation – is that the EPA signs off on these numbers, even if the agency doesn't test the vehicles itself. Independent tests of the two cars, both by private citizens and Consumer Reports, showed that the vehicles aren't quite hitting those numbers (only getting around 37-39 mpg) in real-world situations. Just as Hyundai is reimbursing customers, the plaintiff in the case, Richard Pitkin from California, says he wants money from Ford, and that other owners should get some, too. The same law firm, McCuneWright, is the one suing Hyundai. Ford told Automotive News it cannot discuss pending litigation.

We'll let the lawsuit determine if Ford's ads are misleading. One thing no one can dispute is that they're working: C-Max sales broke hybrid launch records earlier this year.

Hopefully the EPA confirms Ford's numbers.

[Bossxr8]

God, the Yanks will sue over anything.

If Australia was like that, I could imagine a lawsuit against Holden by the sheeple who buy the imported models who find out they are actually made in Korea, and not made in Australia like they are lead to believe.

[Buntz]

Originally Posted by Bossxr8

God, the Yanks will sue over anything.

If Australia was like that, I could imagine a lawsuit against Holden by the sheeple who buy the imported models who find out they are actually made in Korea, and not made in Australia like they are lead to believe.

They're just riding on the back of the Hyundai lawsuit, and think they have a case.

Hopefully the EPA numbers confirm Ford's estimates, and then Ford can shoot them down in the court room.

[Yellow_Festiva]

I remember hearing that consumption figures are generated in the lab with the car in rollers? Was / is this the case? It is very hard to match or better factory economy figures unless you are a careful driver. I can, (and just did it today) but many can't.

[olds]

Ford has become the latest car maker to be taken to task by consumers for misleading fuel economy claims, with a Californian customer launching a class action against the maker.

The lawsuit, filed by a Ford C-MAX Hybrid owner, Richard Pitkin, claims that Ford has conducted a fraudulent marketing campaign for the car, based on overestimated fuel economy claims.

He is looking to be refunded in full for the car and is also asking that Ford withdraw its hybrid advertising.
Hybrids under fire for fuel claims
http://theage.drive.com.au/motor-new...228-2byl3.html
The latest court case follows a similar class action taken against Hyundai and Kia that has seen the Korean sister companies forced to pay roughly $100 million a year in compensation to disgruntled customers.

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The US Environmental Protection Agency (EPA) subsequently downgraded Hyundai and Kia's fuel ratings.

Ford's fuel claims have also come under fire from Influential US consumer advocate Consumer Reports, which says its real-world tests of the Ford C-MAX and Fusion hybrids fell short of Ford's fuel economy claims by between 20 and 30 per cent.

Ford is standing by its economy claims at this stage and has refused to comment on the class action.

[Buntz]

Originally Posted by Yellow_Festiva

I remember hearing that consumption figures are generated in the lab with the car in rollers? Was / is this the case? It is very hard to match or better factory economy figures unless you are a careful driver. I can, (and just did it today) but many can't.

If it's anything like ours, then it should be in a lab at the manufacturers testing facility.

As of right now the EPA is testing both cars to see how Ford get their results.

Hopefully, Ford hasn't been taking advantage of an exploit, or cheating. The only other possibilities are that the test are flawed, or don't accommodate hybrid technology well, or the cars really do get that mileage, and they need a break in period, or just aren't getting driven properly.

[ivorya]

What i don't understand with any of this is the companies (Ford etc) follow a set of std's supplied/rubber stamped by gov. to obtain/ give you estimates of comsumption of vehicles.
They even put into the fine print of these figures that comsumption will vary due to a number of reasons.
What do these people sue on? Has the govenment also stated that it shouldn't be more than 30% of the origonal claim?
Does the courts take into consideration how the vehicle is driven? Im sure our friend Gover would drive the thing at WOT and get nowhere near the claimed figure - and also write a story how much better the Volt is.

I understand that company's need to be held accountable but untill the policy makers make better 'Real world' consumption tests, this will be a regular occurance.

[1TUFFUTE]

you almost never see cars reach fuel figures reached by new buyers...especially if its not run in. All the testers like to give them a bit to see the performance they have which instantly ruins the figures. If you want the best econ numbers you have to drive accordingly.

Somehow i doubt ford has cheated or run an illegal ad campaign. Its just not ford...and if true...damn there would be some heads rolling in a lot of places for that one.

[Maka]

G'day guys, a relevant followup -

http://carscoop.blogspot.com/2013/01...d-testing.html

cheers, Maka

[jpd80]

Originally Posted by Buntz

If it's anything like ours, then it should be in a lab at the manufacturers testing facility.

As of right now the EPA is testing both cars to see how Ford get their results.

Hopefully, Ford hasn't been taking advantage of an exploit, or cheating. The only other possibilities are that the test are flawed, or don't accommodate hybrid technology well, or the cars really do get that mileage, and they need a break in period, or just aren't getting driven properly.

No, it very simple to understand what's happening.

With an ICE engine, the EPA has a stop=go city cycle with lots of speed variance = perfect for hybrids and regen braking.
Next, the highway cycle varies in speed between 40 mph and 60 mph, again perfect for hybrids with regen braking.

What Consumer Report did for their highway test was go out and drive on the flat at 65 mph,
a cycle that is perfect for ICE fuel economy but one that renders hybrid regen useless and in fact,
the mileage will be worse because the hybrid also has twwo electric motors running and using
more power than they produce.

The other point is that Ford's new hybrid is able to accelerate up to 100 kph on electric power only,
making an absolute nonsense of the EpA tests.

So, I predict that the EPA will confirm Ford's test results as true, Consumer Report will continue their
vendetta and the class action will be dismissed by the judge with prejudice (can't be retried).