A federal judge has certified a class-action lawsuit from Ford Mustang Shelby GT350 owners who allege their vehicles have a defective powertrain.
The lawsuit was first filed on March 22, 2017 and alleges that the transmissions and differentials of the Shelby GT350 overheat during track use despite being marketed as “track ready.” The issue relates exclusively to GT350 Base and Technology Package models and asserts that the lack of transmission and differential coolers “greatly diminish the vehicle’s reported track capabilities.”
Interestingly, Ford did sell the Shelby GT350 with transmission and differential coolers but only through an optional Track package.
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“In reality, Plaintiffs say, the Base and Technology package versions of the cars were intentionally designed without coolers in order to inflate Ford’s profits margins,” the lawsuit states. “As a result, the Base and Tech cars could not complete a full ‘Track Day’ without going into ‘Limp Mode.’”
Federal Judge Federico A. Moreno certified statutory and common law fraud classes in California, Florida, Illinois, New York, and Washington, as well as statutory fraud classes in Missouri and Texas, common law fraud classes in Oregon and Tennessee, and implied warranty and Magnuson-Moss classes in California and Texas.
“We are pleased the court has allowed our claims to continue and look forward to leading this case forward with something these affected Mustangs surely lack – speed and endurance,” managing partner of law firm Hagens Berman, Steve Berman, said in a statement. “The class of individuals who purchased these pricey pieces of history deserve to have more than a flashy trophy in their garage. They deserve to have a car that is capable of the track performance they were baited with.”
