In re MyFord Touch Consumer Litig.

• Decision Date: 30 May 2014
• Docket Number: No. C–13–3072 EMC,C–13–3072 EMC
• Citation: 46 F.Supp.3d 936
• Court: U.S. District Court — Northern District of California
• Parties: In re MyFord Touch Consumer Litigation.

46 F.Supp.3d 936

In re MyFord Touch Consumer Litigation.

No. C–13–3072 EMC

United States District Court, N.D. California.

Signed May 30, 2014

46 F.Supp.3d 946

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

(Docket No. 56)

EDWARD M. CHEN, United States District Judge

Plaintiffs are twenty-three persons and one organization residing in fifteen different states. They have filed a class action against Defendant Ford Motor Company, asserting, in essence, that an “infotainment system”—known as MyFord Touch (“MFT”)—used in certain of its vehicles (Ford, Lincoln, and Mercury) is defective and that Ford knew the system was defective at the time it sold the vehicles to Plaintiffs and other putative class members. Plaintiffs have asserted various claims under federal and state law, but the claims can loosely be categorized into (1) fraud claims and (2) breach-of-warranty claims. Ford has challenged the bulk of the claims in the currently pending motion to dismiss.

Having considered the parties' briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part Ford's motion.

I. FACTUAL & PROCEDURAL BACKGROUND

As a preliminary matter, the Court provides below a chart which lists the name of each named Plaintiff, the state of Plaintiff's residence, whether Plaintiff purchased or leased the car, the car that was purchased or leased, and the date of purchase or lease.¹

46 F.Supp.3d 947

Name	State	Purchase or Lease	Car	Date of Purchase or Lease
Jennifer Whalen	California	Purchase	2013 Ford Explorer XLT	4/2012
Center for Defensive Driving (CDD)	California	Lease	2013 Ford F–150 Lariat	2/22/2013
Grif Rosser	California	Purchase	2013 Ford Focus ST	9/29/2012
Megan Raney–Aarons	California	Lease	2012 Ford Edge	2/2012
Richard Decker Watson	California	Purchase	2011 Lincoln MKX	10/2012
Darcy Thomas–Maskrey	California	Purchase	2013 Ford Flex	7/2012
Angela Battle	Alabama	Purchase	2011 Ford Fusion	5/2011
Joe D'Aguanno	Arizona	Purchase	2013 Ford Explorer Sport	11/2012
James Laurence Sheerin	Colorado	Purchase	2013 Ford Explorer Limited	6/18/2012
Deb Makowski	Connecticut	Purchase	2011 Ford Escape	9/1/2011

46 F.Supp.3d 948

Name	State	Purchase or Lease	Car	Date of Purchase or Lease
George Oremland	Florida	Purchase	2012 Lincoln MKZ	12/2011
Thomas Mitchell	Iowa	Purchase	2011 Lincoln MKX	11/8/2010
William Creed	Massachusetts	Purchase	2011 Ford Explorer	3/14/2011
Joshua Matlin	New Jersey	Lease	2011 Ford Edge SE	10/28/2010
Russ Rizzo	New Jersey	Lease	2012 Ford Explorer XLT 4 Wheel Drive	2/2012
Jeffrey Miller	New York	Lease	2013 Ford Fusion Titanium	2/17/2013
Nuala Purcell	New York	Lease	2011 Ford Edge	11/2010
Daniel Fink	North Carolina	Purchase	2013 Ford Explorer	12/2012
Jason Zuchowski	Ohio	Lease	2012 Ford Edge	3/2012
Art Avedisian	Pennsylvania	Purchase	2011 Ford Expedition EL	1/31/2011
Jose Randy Rodriguez	Texas	Purchase	2012 Ford Focus Titanium	5/17/2011
Michael Ervin	Texas	Purchase	2013 Ford C–Max SEL	10/14/2012
Jason Connell	Virginia	Purchase	2011 Lincoln MKX	10/2010
Henry Miller–Jones	Virginia	Purchase	2013 Ford Fusion Titanium AWD	4/20/2013

In their operative complaint, Plaintiffs allege as follows.

The MFT system is

a factory-installed, integrated in-vehicle communication, navigation, and entertainment system that allows users to use a rearview camera, control vehicle climate, operate adaptive cruise control, receive navigational direction, make hands-free telephone calls, control music, and perform other functions with voice and touch commands. [MFT] also includes 9–1–1 Assist, which automatically contacts emergency personnel with the vehicle's coordinates in case of an accident. In addition to touchscreen and voice-based commands, [MFT] also features a steering wheel control panel.

FAC ¶ 232. Pictures of what the MFT system looks like can be found in paragraphs 242–43 and 245 of the complaint. Ford has promoted the MFT system, including in particular its safety, communication, and entertainment features, in various ways—e.g., on its website, through advertisements (including print and television),

46 F.Supp.3d 949

and through dealerships. See, e.g., FAC ¶¶ 22, 49, 66, 251–61.

MFT is powered by an operating system known as Ford SYNC. See FAC ¶ 3. Ford SYNC is also...