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I'm not suggesting any legal action at this moment. I'm just simply asking a question so don't flame me. Since we all know by now that the whole HG issue is widespread, is anyone thinking that this could lead to a class action lawsuit if things are not fixed by Ford? Just thinking out loud here, since i'm seeing that some dealerships are turning people away and telling them that the head gasket replacement is optional. What are your thoughts? Anyone with a legal background?
 

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I'm not suggesting any legal action at this moment. I'm just simply asking a question so don't flame me. Since we all know by now that the whole HG issue is widespread, is anyone thinking that this could lead to a class action lawsuit if things are not fixed by Ford? Just thinking out loud here, since i'm seeing that some dealerships are turning people away and telling them that the head gasket replacement is optional. What are your thoughts? Anyone with a legal background?
Its not optional. Thats just dealers being stupid.

If a car fails the tests, it gets a head gasket, or the gasket + the head, or if it REALLY fails like mine did it gets an entire engine.

This is my thought on why some people are getting new engines vs head/gasket, or just gasket.

It depends on the amount of warping on the head and block.

If they pull it apart and the head is warped to the point where it will require decking to seal correctly, you get a head and a gasket. If they pull it apart and the block is out of spec and will require decking, it is cheaper for Ford to replace the engine long block.
 

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I'm not suggesting any legal action at this moment. I'm just simply asking a question so don't flame me. Since we all know by now that the whole HG issue is widespread, is anyone thinking that this could lead to a class action lawsuit if things are not fixed by Ford? Just thinking out loud here, since i'm seeing that some dealerships are turning people away and telling them that the head gasket replacement is optional. What are your thoughts? Anyone with a legal background?
Dealers had a notice to just do a pressure test and then fix what is necessary (no gasket) go out a month or two back. This has obviously changed in the last two weeks, and some dealers don’t seem to have read the new information.


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Since Ford is fixing it, there’s no use/reason a class action (or any suit for that matter) would stand. When Chevy had one with the z06 cooling issues, and other companies in similar situations, the lawsuit lead to the recall. With the RS, since ford has done a recall, there’s no damages to customers since they are fixing them and going as far as new engines.

So basically no, there’s not really any chance of any kind of suit for this.
 

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Also to mirror what @Grimlock said, a lot of us are more up to date than dealers are. People just need to take the paperwork with them and there’s a reference number in the letters for the dealers to check that fills them in if they haven’t already. Ford will make the dealers fix them, just some people are jumping the gun and beating ford to even telling their dealers.
 

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A class action lawsuit just requires someone to pay the lawyers. A class action settlement seems like one hell of a stretch.

However it should be self-evident at this point that the FSA represents an admission of a fault in the engine. It in turn opens Ford up to potential liability to owners who suffered an HG failure, had their warranty denied, and paid out of pocket. This is probably not enough people to build a class action around, but I wonder if we'll see individuals pursue relief.
 

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I was thinking the same. This is definite ammo for warranty denial suits.
Ammo yes - but if you modify your engine then the suit against Ford would be harder to win.

Agree with other comments on here - Ford is acting in good faith to remediate the problem. Should dealers be ignorant to the procedure, would think the recourse is to report the dealer to Ford and go to the next nearest dealer.

Alternatively, see if ford would be willing to intervene for you.
 

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I'm not suggesting any legal action at this moment. I'm just simply asking a question so don't flame me. Since we all know by now that the whole HG issue is widespread, is anyone thinking that this could lead to a class action lawsuit if things are not fixed by Ford? Just thinking out loud here, since i'm seeing that some dealerships are turning people away and telling them that the head gasket replacement is optional. What are your thoughts? Anyone with a legal background?
re-read the documents on the main page, print and show it to your dealers if they complain, if they don't do it complain to Ford directly.
It's clearly written that :
1) it's an obligatory job, not doing it before 19.01.31 means loosing your engine warranty
2) it must be done asap and not "if and when they want" (which could mean a broken engine for no good reason)

We have the same useless dealers/mechanics in Switzerland,France,Belgium who don't want to do it and think it's optional.
Telle them that refusal to do 17B32 will be reported to Ford HQ and that in case the engine blows they'll be responsible.
 

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Class actions primarily benefit the lawyers more than owners of the vehicle. So say they go for it and win... the bulk gets put in the pockets of the lawyers and the owners get what Ford already said they were going to get and a 50.00 Ford Gift Card. Not worth it, imho.
 

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Class actions primarily benefit the lawyers more than owners of the vehicle. So say they go for it and win... the bulk gets put in the pockets of the lawyers and the owners get what Ford already said they were going to get and a 50.00 Ford Gift Card. Not worth it, imho.
Plus you get taxed on the full amount. Meaning even the 50% that goes to the lawyers is taxable to you. In the end the lawyers and government do the best.


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My dealership didn't even have a clue to what was going on regarding the recall. I had to send the service manager YouTube clips and even then he was unaware of what was happening to the RS's. But some dealers in my area were swamped with recalled. Regardless I'm the first for this dealership so I hope they make sure I'm taking care off cause it's obvious that the car has the wrong HG so why even do a pressure test when you know that's the problem.
 

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You wanna waste my time? Okay. I call my lawyer. He's the best lawyer in Miami. He's such a good lawyer, that by tomorrow morning, you gonna be working in Alaska. So dress warm.
 

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If there was a class action lawsuit we would each get a check for $8.60 seven years from now, leave it be.
 

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Honestly, I don't see any class action law suits will happen. Ford is doing their part and I doubt any court would find fault.
 

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M&R Lawyers and Class Action Lawsuits??

Has anyone here taken a look at this Migliaccio & Rathod law firm's page? There is a specific posting from Jan 18th 2018 about the Ford Focus RS and the Head Gasket issues. Google search, "ford-focus-rs-class-action-investigation" it should be the first link. This is my first post so I cannot add links yet.

I realize the website says that ford announce a recall. However, it still says below that, that they still want to talk to us. I am curious what they will have to say and will reach out to them. I'd thought I'd post this here in case there were no other threads about it.

My car is literally in the shop right now having the head gasket changed. I don't know what to do about this issue and I am very disappointed with everything that has turned up about this. Kind of wish I could get my money back on it. I love the car but not enough to want to deal with warping issues and the damage that can be done related to cooling the engine.
 

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Directly from the website:

2016-2017 Ford Focus RS Class Action Investigation

Migliaccio & Rathod LLP is investigating claims of head gasket failures in the engine of the 2016-17 Ford Focus RS. RS owners report misfires, a smell of coolant in the exhaust, loss of cabin heat, plumes of white smoke, and check engine lights turning on in as little as 3000 miles. When the head gasket fails, which in some cases leads to cracks in the cylinder block, coolant enters the combustion chamber of the engine that leads to coolant loss and potential damage to the internals of the engine.

Promoted as a track-ready car, the Focus RS is the most expensive variant of Focus vehicles. Though Ford has replaced engines for vehicles under warranty, owners fear that engine problems will persist past the warranty period. The number of worldwide complaints, most noticeably in Germany and South Africa, coupled with the lack of a recall or warranty extension by Ford justifies consumers’ anxiety towards their vehicles.

IMPORTANT UPDATE (Jan. 24, 2018): Ford Announces Recall of Focus RS to Address Head Gasket Failures

Ford has recognized the coolant leak that resulted in damaged engines and has authorized dealers to replace the cylinder head gasket. In light of this new development, Migliaccio & Rathod is closing its investigation into this matter.

Has the Head Gasket Failed in Your Ford Focus RS?

If your car has experienced any of the above symptoms reported by RS owners, we would like to speak with you. Complete the contact form on this page or give us a call at (202) 470-3520.

I would take this as being if your engine was damaged or if you continue to have issues after the HG repair. I bet they're looking for those few that have had warped/cracked blocks from the head gasket failure.
 
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