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
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
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 |
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),
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...
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