Brandon Kommer v. Ford Motor Company
Ford F-Series Door Latch Class Action Settlement
1:17-cv-00296-LEK-DJS (N.D. NY)

Frequently Asked Questions

 

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  • Ford’s records or records of state departments of motor vehicles show that you may have purchased or leased in the United States a model year 2015-2018 Ford F-150 truck, model year 2017-2018 Ford F-250, F-350, F-450, or F-550 truck, or model year 2019 Ford F-150, F-250, F-350, F-450, or F-550 truck built at Ford’s Dearborn Assembly Plant before February 26, 2019, Ford’s Kansas City Assembly Plant before March 4, 2019, Ford’s Kentucky Assembly Plant before March 5, 2019, or Ford’s Ohio Assembly Plant before March 11, 2019 (“Class Vehicles”). The notice informs you of Litigation involving your vehicle and describes your rights and options. The Plaintiff in this case, Brandon Kommer v. Ford Motor Company, 1:17-cv-00296-LEK-DJS (N.D.N.Y.), alleges that the door latch and lock mechanisms in certain F-Series trucks are defectively designed and manufactured so that during freezing temperatures the doors on the trucks may not open, may not close, or may open while driving. Plaintiff has asserted nationwide claims under New York’s general business law and other states’ and territories’ consumer protection statutes. The Court has certified the lawsuit as a nationwide class action (the “Litigation”) on behalf of other owners and lessees of Class Vehicles.

  • Plaintiff alleges that the door latches on these vehicles are defective and may malfunction during freezing temperatures by causing the door to not open, not close, or to open while driving. Plaintiff is not pursuing claims for personal injuries. Ford denies that it did anything wrong and that the door latches in the Class Vehicles are defective. The Court has not decided whether Ford did anything wrong.

  • Ford denies that the door latches in Class Vehicles are defective and denies that it did anything wrong.

  • In a class action lawsuit, a person called a “Class Representative” sues on behalf of himself and other people who have similar claims. All of the people together are called a “Class” or “Class Members.” The company the Class Representative has sued (here, Ford) is called the Defendant. One court resolves the issues for everyone in the Class except for the people who choose to exclude themselves from the Class.

  • The Court has not decided whether Plaintiff or Ford is correct, and no trial has occurred. By reaching the Settlement, the parties have agreed that the benefits described in the Notice will be offered to Settlement Class Members and, if the Court approves the Settlement no trial will occur.

  • As part of the Settlement, Ford agrees to pay a total of $5,300,000 into a Qualified Settlement Fund (“QSF”). This amount will fund the payment of claims for Reimbursement of Costs for Past and Future Door Latch Repairs, and claims for Compensation for Dissatisfaction with Door Latch Performance, and fund all other payments, including, but not limited to, notice, administrative, tax preparation, escrow fees and costs and other expenses related to the Settlement. The QSF also will pay attorneys’ fees and expenses and any Service Award to the Named Plaintiff.

    If, after the conclusion of the claims process, any funds would remain in the QSF following payment of Class Notice Costs, Settlement Administration Costs, any award for attorneys’ fees and expenses approved by the Court, any Service Award for the Named Plaintiff approved by the Court, and all valid claims for monetary compensation, such funds will be distributed to all Original Owners or Lessees of a Class Vehicle that received one or more Door Latch Repairs as identified in Ford’s Warranty Records and all Settlement Class Members who submitted a valid claim on a per capita basis. In the event the per capita amount of the residual payment is less than five dollars, the residual amount will be distributed only to Settlement Class Members who submitted a valid claim.

  • The Court approved the settlement, and dismissed the Litigation. The benefits described above will be distributed to eligible Settlement Class Members who have not excluded themselves from the Class. Settlement Class Members will be barred from pursuing lawsuits against Ford related to door latch malfunctions in Class Vehicles, except personal injury lawsuits. Accordingly, if you want to bring your own lawsuit against Ford you must have excluded yourself from this Settlement. If you excluded yourself from this Settlement, you will not receive any benefits from it. The deadline to exclude yourself was November 2, 2020.

  • You are in the Class if you are an entity or natural person in the United States (including its Territories and the District of Columbia) who currently own or lease (or who in the past owned or leased) one of the following vehicles purchased or leased in the United States:

    1. Model Year 2015-2018 Ford F-150 trucks;
    2. Model Year 2017-2018 Ford F-250, F-350, F-450, and F-550 trucks; or
    3. Model Year 2019 Ford F-150, F-250, F-350, F-450, and F-550 trucks built at Ford’s Dearborn Assembly Plant before February 26, 2019, Ford’s Kansas City Assembly Plant before March 4, 2019, Ford’s Kentucky Assembly Plant before March 5, 2019, or Ford’s Ohio Assembly Plant before March 11, 2019.

     

    Excluded from the class are (1) all federal court judges who have presided over this case and any members of their immediate families; (2) all entities and natural persons who delivered to Ford releases of all their claims; (3) Ford, its parents, subsidiaries, affiliates, officers and directors; and (4) all entities and natural persons who submitted a valid request for exclusion from the Settlement Class.

     
  • Yes, if you purchased or leased a Class Vehicle but no longer own it (e.g., because you sold the vehicle or because your lease ended) you are included within the Class.

  • If you still are not sure if you are a member of the Class, you can review the Important Documents on this website, or call or write to Class Counsel at the phone numbers or addresses listed in FAQ 23. Do not call or write to the Court or the Clerk of Court.

  • The Court approved the Settlement Agreement on December 15, 2020. All valid claims will be paid after any appeals are resolved in favor of the Settlement or the period to file an appeal expires. While no benefits are available right now, it is still important that you submit a claim by the applicable deadlines if you wish to claim monetary compensation.

  • Notice of Available Door Latch Service Programs: Settlement Class Members will be notified of the availability of the Current Door Latch Service Programs which, in part, provide additional warranty coverage on the Door Latches for Class Vehicles through October 31, 2028. Ford also will maintain, at its own cost, a website that allows Settlement Class Members to identify the Door Latch Service Programs for which their Class Vehicle is eligible by entering its Vehicle Identification Number here.

    Reimbursement of Costs of Past Door Latch Repairs: Settlement Class Members who submit a timely valid claim establishing that, prior to May 4, 2020, they (1) paid a service provider to perform one or more Door Latch Repairs to their Class Vehicle, and/or (2) paid out-of-pocket expenses for towing charges or for a rental car in connection with obtaining a Door Latch Repair to their Class Vehicle, may receive reimbursement of such out-of-pocket expenses up to a maximum of $400 for all such Door Latch Repairs on their Class Vehicle.

    Reimbursement of Costs of Future Door Latch Repairs: Settlement Class Members who submit a timely valid claim establishing that, between May 4, 2020 and May 4, 2021, they (1) paid a service-provider to perform one or more Door Latch Repairs to their Class Vehicle, and/or (2) paid out-of-pocket expenses for towing charges or for a rental car in connection with obtaining a Door Latch Repair to their Class Vehicle, may receive reimbursement of such out-of-pocket expenses up to a maximum of $200 for all such Door Latch Repairs on their Class Vehicle. To be eligible for reimbursement under this paragraph, Settlement Class Members must have first obtained a Door Latch Repair from an Authorized Ford Dealer under the most current Door Latch Service Program applicable to their Class Vehicle prior to obtaining the Door Latch Repair on which the claim for reimbursement is based.

    Compensation for Dissatisfaction with Door Latch Performance: Settlement Class Members who submit a timely valid claim attesting under penalty of perjury that, prior to May 4, 2020, they experienced Dissatisfaction with Door Latch Performance will receive up to $10.

  • You can file your claim online or download a paper Claim Form that you can mail to the Settlement Administrator at Ford F-Series Door Latch Class Action Settlement, P.O. Box 91333, Seattle, WA 98111.

    Deadline to submit a Claim:

    • For repairs completed before MAY 4, 2020 or for dissatisfaction with door latch performance, Claims must have been submitted online or postmarked by NOVEMBER 30, 2020
    • For repairs completed between MAY 4, 2020 and MAY 4, 2021, Claims must be submitted online or postmarked by the later of NOVEMBER 30, 2020 or 30 days after the repair.

    After the Effective Date of Settlement, and after the conclusion of the claims process (including final resolution of any disputed claims), you may receive payment if you submitted a claim to the Settlement Administrator that is valid, complete, and submitted on time.

    In exchange for the benefits you receive, you will give up your rights to sue Ford separately about the same legal claims involved in this action, unless you have personal injury claims related to an alleged door latch malfunction in your Class Vehicle; those claims are not released by the Settlement.

  • The deadline to file a request for exclusion was November 2, 2020.

  • The deadline to file a request for exclusion was November 2, 2020.

  • The Court has appointed attorneys Jeffrey I. Carton, Esq. and Robert J. Berg, Esq. of the law firm Denlea & Carton LLP to represent the Class. You will not be charged for the work of these attorneys, but you may hire a different attorney to represent your individual interests at your own expense. Class Counsel’s contact information is included in FAQ 23.

  • Class Counsel have pursued this Litigation on a contingent basis and have paid all the costs of the case to date. They have not yet been paid or recovered any of their expenses. As part of the Settlement, Class Counsel asked the Court to award them $1.3 million in attorneys’ fees and expenses and to approve a service award of $7,500 for the Named Plaintiff. The money the Court awarded to Class Counsel and the Named Plaintiff will be paid out of the Qualified Settlement Fund.

  • If you wish to remain in the Class and you have no objection to the Settlement, you do not need to retain your own lawyer because Class Counsel is already deemed to be working on your behalf. If you want to pursue claims against Ford with the help of your own lawyer, you must have filed a request for exclusion and pay your lawyer. The deadline to request exclusion was November 2, 2020.

  • The deadline to file an objection was November 2, 2020.

  • The deadline to file an objection was November 2, 2020.

  • A hearing was held before Judge Lawrence E. Kahn of the U.S. District Court for the Northern District of New York on December 2, 2020 at 10:30 a.m. EST at the James T. Foley U.S. Courthouse, 445 Broadway, Courtroom 1, Albany, New York, 12207. At the hearing, the Court heard arguments about whether the proposed Settlement is fair, reasonable, and adequate, whether it should be approved and, if so, the amount of Class Counsel’s attorneys’ fee and expense award (up to $1,300,000) and what Service Award, if any, should be granted to the Named Plaintiff who brought this case. The Court approved the Settlement Agreement on December 15, 2020.

  • If you do nothing, you will remain a part of the case and you will give up your rights to sue Ford separately about the legal claims involved in this Litigation. If you do not file a claim by the applicable deadlines, you may forfeit the level of monetary compensation to which you would be entitled if you filed a claim.

  • The Notice summarizes the proposed Settlement. For precise terms and conditions of the Settlement, please read the Settlement Agreement, which is available on the Important Documents page, or call the Settlement Administrator at 1-833-900-1642, or contact Class Counsel (contact information below). This website also provides key Court documents and additional information on the Settlement. If you have additional questions after reviewing this website, please call the Settlement Administrator at 1-833-900-1642.

    You may also contact one of the following attorneys appointed by the Court to serve as Class Counsel:

    Jeffrey I. Carton
    Denlea & Carton LLP
    2 Westchester Park Drive
    Suite 410
    White Plains, NY 10604
    Phone: (914) 331-0100
    Email: jcarton@denleacarton.com

    Robert J. Berg
    Denlea & Carton LLP
    2 Westchester Park Drive
    Suite 410
    White Plains, NY 10604
    Phone: (914) 331-0100
    Email: rberg@denleacarton.com

     

    You can also access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.nynd.uscourts.gov/ or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of New York, James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York, 12207, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

    You should not call or write to the Court to the Clerk of Court with questions about the Settlement or the Claims process.

     

     

For More Information

Visit this website often to get the most up-to-date information.

Mail

Ford F-Series Door Latch Class Action Settlement
C/O JND Legal Administration
PO Box 91333
Seattle, WA 98111