2017-19 Ford Fiesta, Focus owners allege DPS6 transmission defect never fixed, sue

The 2018 Ford Focus

Four owners of the 2017-19 Ford Fiesta and 2017-18 Ford Focus are suing Ford Motor Co., alleging the vehicles have the same unfixable transmission defects as earlier models that led to hundreds of millions of dollars in class action settlement payments. 

The owners claim Ford withheld important information when marketing its Dual PowerShift 6-speed (DPS6) transmission as a fuel-efficient alternative to a traditional manual or automatic transmission — intended to provide the convenience of an automatic and fuel efficiency of a manually shifted vehicle.

However, the vehicles are “plagued by numerous problems and safety concerns … transmission slips, bucking, kicking, jerking, harsh engagement, premature internal wear, sudden acceleration, delay in downshifts, delayed acceleration, difficulty stopping the vehicle, and eventually catastrophic transmission failure,” said the lawsuit filed in U.S. District Court for the District of Delaware in June.

Plaintiffs Margaret Barnes of Tennessee, Eric Senkyrik of Texas, Michael Hogan of Florida and Sharon Jackson of Nebraska are represented by Tarek Zohdy at Capstone Law in Los Angeles and Russell Paul at Berger Montague in Philadelphia and their teams.

The lawsuit could potentially cover an estimated 380,000 vehicles nationwide that are equipped with a DPS6 transmission, according to public sales data.

“Ford has never acknowledged publicly that the transmission defect exists. To the contrary, Ford actively concealed, and continues to conceal, the transmission defect by, among other things, telling customers that the symptoms associated with the transmission defect were ‘normal driving conditions,’ ”  the lawsuit says.

The defect is caused by the transmission’s “dry” clutches system, which cause clutches to overheat, as well as damage other transmission components, the lawsuit says. In addition, the defect may be exacerbated by improper programming in the computer that controls the automatic shifting, the part called the Transmission Control Module (TCM), the lawsuit says.

Meanwhile, Ford has issued multiple Technical Service Bulletins to dealers but never directly notified consumers of the known transmission problems, despite the well-known legal settlement and publicity regarding the Ford vehicles with earlier model years.

A 2018 Ford Fiesta

“Ford continued to sell and lease” vehicles through the 2019 model year with defective transmissions without informing consumers, a defect for which there seems to be no fix, the lawsuit says.

On Thursday, Ford spokesman Said Deep told the Free Press that the company doesn’t typically comment on pending litigation.

Previous owners prevailed

The allegations against Ford mirror claims made in a class action lawsuit involving the 2012-16 Focus and 2011-16 Fiesta compact cars with defective transmissions prone to “shuddering, slipping, bucking, jerking, hesitation while changing gears, premature internal wear, delays in downshifting and, in some cases, sudden or delayed acceleration.”