Class Action Suit Filed Against MyFord Touch System

AutoInformed.com

Rather than improving safety as claimed, MyFord Touch actually degrades it, according to critics. Customers and care reviewers are unhappy.

A well-know, or infamous, national law firm has filed a class-action lawsuit alleging that Ford Motor Company’s MyFord Touch, MyLincoln Touch and MyMercury Touch touchscreen systems are defective. The firm of Hagens Berman Sobol Shapiro claims that the system often freezes, fails to respond to voice and touch commands and will not connect to mobile phones.

The infotainment systems, introduced by Ford in 2011 ahead of most of the industry, which quickly followed, was supposed to provide drivers with the ability to operate audio controls, use a GPS navigation system, control climate systems and operate a Bluetooth-enabled device through the system.

The 41-page complaint, filed in the U.S. District Court for Central California, includes a long litany of problems with the system, and details Ford’s failed attempts at correcting the system through system updates and other fixes.

These of course have been widely documented in the media, including AutoInformed, which panned the original system, remains dubious about updates, and is saddened by the headlong rush of other automakers to increase the use of infotainment systems that are killing thousands and injuring hundreds of thousands of people annually because of distracted driving. (Automaker Defense of Hands-Free Devices Hooey AAA Says, Under Reporting of Cell Phone Crashes Rampant. New National Safety Council Research Shows NHTSA FARS Data is Garbage. U.S. DOT Publishes Distracted Driving Guidelines)

How this a problem that should be addressed in a class action lawsuit – where lawyers often take the bulk of the proceeds if successful – remains to be seen. The first hurdle the plaintiff’s face is getting the class approved. In a move that could be interpreted as trying the case in public, Steve Berman, managing partner of Hagens Berman, claimed “In reality, the system is fundamentally flawed, failing to reliably provide functionality, amounting to an inconvenience at best, and a serious safety issue at worst.”

By this twisted logic, if the system worked as it should have, it would also have enabled distracted driving, which could then result in a class action lawsuit for the same firm on DD charges. This is lawyer land at its best. It’s adjacent to the space created by 19th century mathematician Lewis Dodgson charted in wry detail in  Alice in Wonderland and Through the Looking Glass.

According to the suit, the system fails even while controlling “crucial” vehicle functions, such as the defroster and rear-view camera, which are controlled through the system, putting “drivers and passengers at risk.”

The complaint also calls out consumer complaints involving the vehicles’ GPS navigation system whereby the touchscreen will turn off, turn back on with a message saying it is “performing scheduled maintenance” leaving the driver without any directional guidance.

The lawsuit claims Ford is aware of the problem, having issued several technical service bulletins and software updates. These kind of allegations are nightmares of engineers, who in the very act of engineering – or improving the breed – become vulnerable to charges that previous iterations were defective. A society run by such types would still be walking.

In addition, the complaint lists a number of consumer complaints in the National Highway Traffic Safety Administration’s database, all from people issues with the touchscreen system.

The lawsuit seeks to represent a class of individuals who are current or former owners of vehicles with the systems installed. It seeks compensation for members of the proposed class for violations of consumer protection laws and breach of express and implied warranties.

Ford Motor did not immediately have any comment.

About Ken Zino

Ken Zino, editor and publisher of AutoInformed, is a versatile auto industry participant with global experience spanning decades in print and broadcast journalism, as well as social media. He has automobile testing, marketing, public relations and communications experience. He is past president of The International Motor Press Assn, the Detroit Press Club, founding member and first President of the Automotive Press Assn. He is a member of APA, IMPA and the Midwest Automotive Press Assn. He also brings an historical perspective while citing their contemporary relevance of the work of legendary auto writers such as Ken Purdy, Jim Dunne or Jerry Flint, or writers such as Red Smith, Mark Twain, Thomas Jefferson – all to bring perspective to a chaotic automotive universe. Above all, decades after he first drove a car, Zino still revels in the sound of the exhaust as the throttle is blipped during a downshift and the driver’s rush that occurs when the entry, apex and exit points of a turn are smoothly and swiftly crossed. It’s the beginning of a perfect lap. AutoInformed has an editorial philosophy that loves transportation machines of all kinds while promoting critical thinking about the future use of cars and trucks. Zino builds AutoInformed from his background in automotive journalism starting at Hearst Publishing in New York City on Motor and MotorTech Magazines and car testing where he reviewed hundreds of vehicles in his decade-long stint as the Detroit Bureau Chief of Road & Track magazine. Zino has also worked in Europe, and Asia – now the largest automotive market in the world with China at its center.
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