By on July 17, 2013

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A proposed consumer protection class action lawsuit has been filed in U.S. District court in California over the MyFordTouch (and similar systems in Lincoln and Mercury vehicles) system.

The filing alleges that the system often freezes, won’t respond voice or even touch commands and won’t reliably connect to cellphones. Issues with the rear view camera, the nav system and HVAC controls are also cited. The filing was announced in a press release from the Hagens Berman law firm. It doesn’t say so in the press release, but it is presumed that they are seeking certification as a class with standing to sue. Lawyers and others among the Best & Brightest are welcome to add your informed opinions in the comments below.

 

 

 

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76 Comments on “Law Firm Proposes Class Action Suit Over MyFordTouch...”


  • avatar
    jz78817

    So let me get this straight- a law firm has filed a suit on no one’s behalf and is now trolling for “plaintiffs” in order to try to make it a class-action? How is a blatant money-making scheme like this legal? Class-action “settlements” are practically universally a joke for everyone other than the plaintiff’s attorneys.

    • 0 avatar
      Pig_Iron

      Yeah, for unregulated free-market capitalism.

    • 0 avatar
      VanillaDude

      What happens in similar cases is that a competitor of Fords is using a class-action suit to impact Ford sales. You may be surprised at the number of class-action suits set up by competition to hobble the sales of a successful competitor.

      Its not about capitalism, its about using the courts to abuse capitalism.

    • 0 avatar
      philadlj

      Think of it another way: those plantiffs’ attorneys will take their cut of the settlement and spend it on lavish homes, cars, travel, memberships, and other luxury items, therefore stimulating the economy!

    • 0 avatar

      Can I launch a class action suit against automakers for building slow cars and thus degrading the efficiency of my cities highways?

      If so, how can I keep all of the money?

    • 0 avatar
      toxicroach

      Class action lawsuits are a great free market way to handle things like this.

      Imagine a credit card company who charges an extra .25 per customer illegally. No one customer is going to do anything about it. It’s .25 cents. Not worth it. But some class action lawyer realizes he can get a whole Porsche collection, and he sues on all those customers behalf. Sure, they get a .5 cent credit on their bill, but what they are really getting is companies not constantly nickel and diming them because they know that some lawyer is just looking for the chance to sue them. You could have a government bureaucracy, subject to the political force of lobbyists policing this (for whats its worth), or you can harness the power of greed to do it.

      But I digress. I’m pumped for this particular suit, because as an owner of said system, I know first hand that it was garbage. It’s quite a bit better now, but it’s still just a bit off. Typical Microsoft product. If this lawsuit gets them to dedicate some resources into whipping the thing into shape, super.

      • 0 avatar
        brenschluss

        What are “things like this”? A product not being optimized before it hits the market? I believe due diligence is the consumer’s responsibility, and if the product is that bad, an informed market won’t buy it. No need for lawyers.

        Better question, if you think the system that controls most of your car is garbage, why would you buy the car when other options exist?

        • 0 avatar
          toxicroach

          Well, because the system looks good, it’s only once you start to use it that you realize it fails at a very high rate. It’s been a lot better since the latest patch, I will give them that, but it really shouldn’t have taken 3 years to get it into decent shape.

          As far as the personal responsibility angle goes, there is an implied warranty of fitness. I’m relying on Ford and MS to furnish a entertainment system that fulfills my needs. They didn’t do that, which is a breach of contract. They aren’t selling the car as is. I have the right to rely on that warranty when purchasing a car that it will be suitable. Not perfect, but suitable. I’m not saying it has to be perfect, but I was literally unplugging my car battery after two days to do a hard reset because it couldn’t maintain a bluetooth connection with my IPhone. That is a breach of contract, and the system doesn’t work if they can breach their contract but no one can afford to seek a remedy.

          • 0 avatar
            brenschluss

            I’m nearly the opposite of a lawyer, but I don’t believe warranty of fitness or merchantability applies here. That would kick in if you bought a car that did not drive properly (the ordinary purpose of the car,) or if you told the seller when you bought the car that you were buying it primarily to sit in your driveway and play with the touchscreen, which then failed to work.

            Initial caveat applies though, so hey, I could be reading the law incorrectly.

          • 0 avatar
            toxicroach

            It depends on whether you consider the SYNC system, which is an extra option with its own name, brand, & so on to be its own thing.

            Internet lawyering aside, my point is that when Ford sells a product it is saying this product works reasonably well. When the product doesn’t work, class action lawsuits are a good way to police that, since its economically unfeasible for each individual to fight it out. I understand why some lawyer pocketing millions of dollars is distasteful, but on the whole class action lawsuits are probably a major benefit to the public. Not for the $50 vouchers, but because it makes companies behave better.

        • 0 avatar
          siuol11.2

          I believe false advertising is the company’s responsibility.

          • 0 avatar
            brenschluss

            False advertising would be if MFT were promised to never crash. Otherwise it’s just not a very good product, which one has the option to research and avoid.

            Litigation is, in my opinion, the wrong way to go about improving a poor product- the spread of information leading to reduced sales would be enough if people would put a modicum of thought into their larger purchases.

      • 0 avatar
        darkwing

        Sorry, but your expectations are way out of line. You probably paid what, an extra grand for the thing? In a low- to mid-market car? While its initial quality wasn’t where it should have been, for the most part, it sounds like you’re getting what you paid for.

        Yet another computer analogy: don’t buy a $400 Dell and expect it to be as nice as a $2000 MacBook.

        I have a Hyundai with touchscreen nav. It’s okay, but not great — the system’s relatively solid, but the road network’s not perfect, the geocoder and direction engines stink, the audio muting is terrible. The non-touchscreen nav in my Acura blows it out of the water. But none of that bothers me, because the Hyundai, both the car and the option, were half the price of the Acura.

        • 0 avatar
          Lie2me

          So, I bought a 1000.00 HP desktop with Windows 8. Windows 8 destroyed the hard drive in less then a month. HP is taking full responsibility, because they installed Windows 8 and then sold me the product. Do you think HP is wrong to do this? Were my expectations out of line? Even HP doesn’t agree with you and am I glad

          • 0 avatar
            burgersandbeer

            Did this computer by any chance use an SSD as its main storage device?

            Windows, at least up through Windows 7, has evolved with HDDs in mind. HDDs do not have the limited number of read/writes that SSDs do. As a result of the finite number of read/writes limiting the lifespan of an SSD, many people recommend disabling the Windows page file to increase the lifespan of an SSD.

            HP is taking responsibility because they should have disabled the page file before shipping. Companies selling computers are likely increasingly attracted to SSDs for the performance benefits as prices become more reasonable. They want their product to look good in a spreadsheet, and don’t always care about long-term durability (just like cars!). As the systems integrator, they should have thought of the conflict between how Windows works and how SSDs work and planned accordingly. HP should not assume that customers buying a pre-assembled computer would think of this.

            Would you buy a car with an engine designed only for E10 gasoline, fill it with E85, then complain when the whole system breaks down? Same thing with Windows – MS can’t account for every piece of hardware customers will pair it with. There is a responsibility on the customer’s part (in this case HP) to configure the software appropriately for the hardware they have chosen.

            If your computer did not have an SSD as a primary storage device, then ignore all of this. I would be very interested how you determined that an HDD failing within a month is the fault of Windows 8 though.

          • 0 avatar
            Lie2me

            Yes, that’s exactly what happened. I was increasing the page file thinking it would help…

          • 0 avatar
            darkwing

            The computer is unusable. The car isn’t. Your point?

        • 0 avatar
          Lie2me

          My point was how much money should you spend before you can expect the software to work properly?

          • 0 avatar
            darkwing

            More than a grand, apparently.

            I was worried my point was going to be twisted like that, so I’ll restate — quality costs money. And if you’re paying a basic price for something, you should expect basic quality, not top-tier quality.

            It’s not about money or class, and it really shouldn’t be controversial. Do you get upset when your $20 jeans wear out faster than your $200 ones? Or your $49 shoes fall apart within a year, but your $600 ones last for a decade?

          • 0 avatar
            Lie2me

            I’m not sure I follow your logic. A company makes software. There are minimum standards of equipment that make that software run. Those standards can be met with a 300 dollar computer, or a 500 dollar computer, or a 2000 dollar computer. If the software doesn’t run properly at any of those levels, who’s fault is it?

            You order a 3 series with a premium sound system, you think it sounds terrible, cuts in and out, the speakers are staticy. You take the car to BMW for repair. They tell you that if you had bought a 5 series the same sound system would work better. Make sense?

          • 0 avatar
            darkwing

            Take another look at what the OP says. He complains about initial quality (to which I already conceded), but he goes on to say that “it’s still just a bit off”, and that he hopes the lawsuit “gets them to dedicate some resources into whipping the thing into shape”. I take that to mean “it works now, but not as well as I think it should”.

            And that’s where my point comes into play — “it works, but isn’t perfect” is the level of quality you should reasonably expect from MFT.

            Your examples are still missing the mark because you’re talking about things that are demonstrably broken, not the fit and finish of things that are working. I think this is a better example: you buy a Camry, then sue Toyota because you expect it to be as quiet inside as an ES.

          • 0 avatar
            Lie2me

            I may have taken your analogy out of context and misunderstood where you were going with that. I’m also pretty indifferent about the MFT not using it, preferring my own superior aftermarket equipment… My true interest lies in snagging one of those coupons for a free Baskin-Robbins ice cream cone, for my suffering, should Ford lose

  • avatar
    tced2

    probable settlement:
    Partners of law firm get each new Bentley (not equipped with MyTouch).
    Plaintiffs get $100 coupon for purchase of new Ford.

  • avatar
    Felix Hoenikker

    The real joke is when judges go along with these “settlements” where the lawyers get 90% of the money and the class action plaintiffs get a coupon.
    That being said, I did benefit from the Honda grenading tranny class action suit by getting a rebuilt tranny installed for $1K. This despite Honda’s clever exclusinons on time and mileage.

  • avatar
    Maintainer

    The only winners in a Class Action are the Attorneys. If this goes forward I hope Ford buries these pukes.

    • 0 avatar
      Juniper

      Very true. The law firms will get millions and the Mytouch owners will get a coupon for an oil change. Sad but true. However, this does not excuse Ford for this controversial product.

  • avatar
    Lie2me

    I have the MyFordTouch and I’d like to know more about this, however the link takes you nowhere.

    • 0 avatar
      BMWnut

      Has your experience with MyFordTouch been as bad as the lawyers say it is?

      • 0 avatar
        carr1on

        I have a new car with the MyFordTouch system and it’s been very good so far. We’ve had the car for a month, including a 7 day road-trip from Texas to South Carolina and back. We used the MyFordTouch system to stream audio from our iPhones, listen to music on a USB flash drive, XM radio, and of course the NAV.

        The NAV is soooo much better than the NAV in my previous 2011 Nissan. Way, way better.

        Only two small complaints about MyFordTouch: 1) the voice command recognition is spotty at times (“I said call Mom, not Monica!!!”), and; 2) the Bluetooth audio streaming is finicky and occasionally stops showing titletrackauthor info which is annoying but not a killer.

        • 0 avatar
          Timothy

          Blue tooth, perhaps the “oldest” technology in the car should be the most rock solid, but it sucks. You CAN NOT stream from Pandora, Spotify (or any of the other streaming services) with any reliability.

          It’s a well known issue and has been discussed ad nauseam on the MFT website (syncmyride.com). The time gets screwed up, skip to next song commands are issued and followed half way through songs, it freezes the system etc etc etc.

          My question is, will it really take a class action suit for Ford to actually do something about these issues? Ford needs to get aggressive with the software people and get these issues figured out, one update every 6 months is not what I would consider progress.

          • 0 avatar
            jz78817

            “Blue tooth, perhaps the “oldest” technology in the car should be the most rock solid, but it sucks. You CAN NOT stream from Pandora, Spotify (or any of the other streaming services) with any reliability.”

            I think you overestimate how robust Bluetooth as a protocol actually is.

            “My question is, will it really take a class action suit for Ford to actually do something about these issues?”

            you mean like the big 2013MY update which fixed a ton of issues? or the one coming shortly? And was pushed out to existing owners as an update? You act like nothing has been done at all.

            “Ford needs to get aggressive with the software people and get these issues figured out, one update every 6 months is not what I would consider progress.”

            rushing out software updates creates as many (or more) bugs than it fixes. SYNC is basically smartphone-class hardware with a smartphone-class operating system. Google, Apple, and Microsoft don’t push out updates all that frequently either.

          • 0 avatar
            bball40dtw

            I think they have an update every 6 months or so. I have had at least 4 updates in the 2 years I’ve owned a Focus, and one update in the the 9 months I’ve owned a C-Max. There should be another update in the fall.

      • 0 avatar
        Lie2me

        Not great, but compared with the problems I’m having with Windows 8, it’s XP. I really don’t use many of the features, I find messing with tech while driving is kind of suicidal, so I don’t

    • 0 avatar
      vaujot

      The link in the article is broken. Go to the law firms “cases” section and you’ll see a list of cases with this one on top. Click there and you’ll see the information.

  • avatar
    VanillaDude

    There is a generation of new car buyers over a certain age that have not come to accept vehicles with MyFordTouch systems within them. They buy the vehicles with the costly option, then get buyer’s remorse when they find work-arounds within their vehicles to avoid using MyFordTouch. Consequently they feel like they’ve been ripped off.

    • 0 avatar
      brenschluss

      This is absolutely true. People of a certain age, with money aimed right at that top trim, are not necessarily going to get what they expect.

    • 0 avatar
      Lie2me

      This really isn’t true. It came on my Escape, I didn’t order it. It’s clumsy, so I don’t bother with it. You’re not one of those guys who thinks I’m stupid or lazy because I don’t embrace all new technology even if it’s crap (Windows 8)?… because that would be a mistake

  • avatar
    jaydez

    As an owner of a 2012 Focus with MFT all I can say is… I hope these lawyers burn in hell.

    Yes, its freezes and is a PITA sometimes. But 99.9% of the time it is a great system. It is no less reliable than any version of Windows in the last 30 years.

    This class action is no more than a cash-grab by a bunch of greedy lawyers. I really hope Ford put them out of business.

    • 0 avatar
      fozone

      “Yes, its freezes and is a PITA sometimes. But 99.9% of the time it is a great system. It is no less reliable than any version of Windows in the last 30 years.”

      I believe this is called “damning with faint praise” :-)

      Why Ford thought it was a good idea to let Microsoft anywhere near their cars is a mystery. Their product development track record should have set off warning bells.

      Would Mulally have allowed MS software anywhere near Boeing’s glass cockpit? I think not.

      • 0 avatar
        toxicroach

        It’s actually pretty hilarious how Microsoft has stockholmed everyone into thinking computers are supposed to be semi-functional.

        For a device that costs $800 and has a very limited number of things it has to do, the goofy stuff that goes wrong with it is amazing. I had to unplug the battery for 20 minutes within 2 days of buying it. I’ve done soft resets half a dozen times. For all of last week the system clock wouldn’t update until I went to the clock system settings. Don’t even get me started on the amazing idiocy of their patching system. Obviously the damage to their sales and reputation the system has caused isn’t enough to get MS to whip itself into shape, so good for these guys. There is nothing this thing has to do that my Iphone can’t do, and yet it’s a real struggle for MS to pull it off. Amazing.

        • 0 avatar
          Timothy

          Why do we continually accept “good enough” for items that cost a lot of money, from that 800 dollar dell to your 30k car? I’m sorry, but that is the worst attitude to take. Ford, Microsoft, et al need to realize that “good enough” or “works most of the time” is completely unacceptable.

          As I stated above, if the consumer complaints and reviews by auto rags isn’t enough to spur Ford into slapping the software folks into shape than perhaps the threat of litigation will.

        • 0 avatar
          redav

          “It’s actually pretty hilarious how Microsoft has stockholmed everyone into thinking computers are supposed to be semi-functional.”

          You are exactly correct. We would not accept the problems we see in computers in any other product. I detest the 80-20 philosophy (release the product when it is 80% done, and fix the remaining 20% after release based on what customers have issues with), especially in anything associated with cars.

          For me, a keyword is “upgradable.” If a product says that, it means it isn’t complete.

      • 0 avatar
        Silvy_nonsense

        “Why Ford thought it was a good idea to let Microsoft anywhere near their cars is a mystery.”

        There’s no mystery if you understand what SYNC is. Basic SYNC works pretty well. It’s the mega-complex SYNC with MyFord Touch that gets most of the complaints and Microsoft had nothing to do with MyFord Touch. The underlying Microsoft operating system works just fine. The problems were caused by Ford’s own developers and contractors who have added the fancy user interfaces and applications that cause all the problems.

        The updates that keep getting sent out to owners aren’t fixing the underlying MS operating system, they’re updating the buggy Ford-developed interfaces and applications.

        Also, the hardware is a little underpowered and that’s not Microsoft’s fault either.

        • 0 avatar
          jz78817

          you’re wasting your time. some people just see the word “Microsoft” and stop thinking.

          • 0 avatar
            Silvy_nonsense

            “stop thinking” means they were thinking to begin with. I’m not convinced. (Kidding!)

          • 0 avatar
            toxicroach

            How would people deduce that a Microsoft Sync system wasn’t actually built by Microsoft?

            I mean, thanks for telling me, but I don’t know how thinking about it would allow me to figure that out.

          • 0 avatar
            Lie2me

            “…some people just see the word “Microsoft” and stop thinking.”

            Like their employees who see the “Microsoft” name above the door on their way into work?… No arguments from me

  • avatar
    Commando

    It’s a disgrace when we have to have scumbag lawyers using class action lawsuits to improve a horrible product jammed down our throats instead of the manufacturer actually listening to their customer base.
    Hello. Anybody home upstairs or is it “sorry, not ma yob, man”?

    • 0 avatar
      redav

      I’ve told this story before, but I’ll repeat it anyway.

      I had a conversation with one of the Ford engineers after the Focus was released and the problems with MFT began to be published. (Apparently, it had even more problems in other models for a year before the Focus, but those failed to get attention.)

      I had played with the system in some cars I test drove, and I had seen several demonstrations (by Ford employees) & tech reviews about the system. From those reviews, I saw actual, live deficiencies in MFT (such as slow speed, failure to accept commands, excessive required inputs, etc.). The reviews generally were not bashing MFT (yet), and they offered what I thought were genuine & insightful recommendations to improve the system.

      When mentioned those suggestions, the response I got back from the Ford engineer was essentially: “All the problems with MFT are the users’ fault. They are too dumb to use it.”

      From that moment, I lost all faith that Ford had the competence to develop anything like MFT. Now, Ford’s effort to be a ‘tech leader’ for in-car gadgets is motivation for me not to buy their cars. It’s sad, because I really like the *car* part of their cars.

      • 0 avatar
        CJinSD

        People do buy their cars.

      • 0 avatar
        bball40dtw

        redav-

        I don’t think that an engineer beleiving that consumers are too dumb to use MFT is the norm. I know plenty of Ford engineers that were/are frustrated with MFT. If Ford as a company thought consumers, as a whole, were responsible for the MFT issues, they wouldn’t have expanded its use from the Explorer, Focus, and Edge to EVERYTHING.

        However, Ford has done a poor job educating consumers on how to use MFT while removing things like regular HVAC buttons or heated seat switches. I end up teaching family or friends how to use it because I know more about it than almost all salespeople.

        Now the problem is if you have to educate people how to use the radio and turn on the AC, should you even have that system.

    • 0 avatar
      Silvy_nonsense

      The lawsuit will not improve the product. The lawsuit will just transfer millions of dollars from Ford to the lawyers. As others have mentioned, end users might get a coupon for a free ice cream at Baskin Robbins, so all is not lost.

  • avatar
    Hummer

    I’ve been looking at the new silverados, not to buy but rather to see what new technology they have, and I found you can only buy one with a touch screen, you cannot buy one with a traditional radio.
    I’ve used computers my entire life but this is an instant no starter.

    Are the new fords touch screen only as well?
    If so I have little sympathy on ford for forcing this crap on buyers, and in addition going to Microsoft for the software.

    • 0 avatar
      burgersandbeer

      I thought pickup reviews always judged the controls by whether you can operate them with work gloves on? Do modern touch screens work with gloves? I’m guessing no.

    • 0 avatar
      Silvy_nonsense

      Microsoft’s underlying operating system works just fine. Ford itself (and contractors it hired) developed all the applications and interfaces that cause all the unhappiness. The problems with SYNC and MyFord Touch are all on Ford.

      • 0 avatar
        siuol11.2

        Ha, it’s windows CE and it has never been “fine”… maybe in industrial-grade products where they focus on QC, but that’s about it.

        • 0 avatar
          jz78817

          Windows CE is a *kernel.* You never interact with it directly. Windows Mobile, Pocket PC, Windows Phone, and SYNC all use the Windows CE *kernel,* but they all have astoundingly different user interfaces based on different toolkits.

          bickering about Microsoft is so 1996. Let it go, for god’s sake.

    • 0 avatar
      SC5door

      Funny because I have UVO “Powered by Microsoft” in our Soul and it’s been flawless.

  • avatar
    davefromcalgary

    The knobs and buttons in my Alero have a 100% success rate in adjusting my HVAC and stereo.

    Except one of the knobs pulled off once. A dab of superglue and I was back in business.

  • avatar
    TrailerTrash

    In almost every car review…there is a complaint about the Nav system or the phone voice recognition or delays or touch delays or whatever…they all are advanced tech and will have glitches.
    Hell…I still get pissed at my 09 Mazda6 system. At times after a car wash it won’t even come on for 10 minutes!!
    How in hell does anybody expect a manufacturer to place new tech in the market today if everything has to be perfect!?
    I can’t even understand people across the country from the different dialects and phrasings.
    How in hell can the systems in new cars do so.
    I hate laywrs.
    I think I might hate people!
    This whole thing reminds me of a Louis CK comedy where he is sitting on an airplane and an idiot next to him begins raging cause his new in air internet failed. Bitching about glitches in super lux modern tech is …stupid.

    • 0 avatar
      toxicroach

      It doesn’t have to be perfect.

      The touch system has been out for 2 years. After two years you should have basic functionality down.

      And 10 minutes after a car wash? Is the computer getting wet?

    • 0 avatar
      jhefner

      “I think I might hate people!”

      There is a software fix for that….

    • 0 avatar
      burgersandbeer

      I don’t know where to find a full clip of the routine, but googling “Louis CK everything is amazing” gets an interview with Conan where he talks about the same thing. It is hilarious. And besides being hilarious, it does help provide perspective when the little things get to you. As the saying goes, first world problems…

    • 0 avatar
      Lie2me

      Because I’m driving, that’s why, I don’t need the distraction of quirky software when I’m driving, it’s dangerous!

  • avatar
    TrailerTrash

    Perspective…exaxtly, Burgersandbeer!!!

    get over it folks!

    http://www.thatvideosite.com/v/94

  • avatar
    pacificpom2

    Always the same with the integrated OEM products, overpriced and under performing. The price you pay for one of the integrated systems is probably twice or three time the price of an Alpine or Bose or 10 time the price of a double din Chinese unit. Beats me how they can justify the cost.

    • 0 avatar
      jz78817

      the cost is justified because they spend millions designing parts for a 10yr/150,000 mile minimum life, and hundreds of thousands more on validation testing. I’ve seen some aftermarket multimedia parts undergo some of the environmental and durability tests that OEMs mandate.

      They survived for mere minutes. I shudder to think at how long those chinese pieces of junk would last.

  • avatar
    Ubermensch

    Even with all of the the problems that Ford’s tech systems have, I would take them over the ridiculously kludged iPod integration in my friends 2011 Outback which he had to pay EXTRA for. After I saw it in action I immediately removed the new Outback from consideration.

  • avatar

    I have this system in my car. I didn’t buy the car because of it, it was what was in the car the dealer had on their lot. Had I known how much I’d end up hating it, I’d have bought another car.

    I’ve had my vehicle into the dealer three times to try to fix the various stupidities of this computer. First time, they reflashed the O/S. Second time, they reset the damned thing. Third time, it had completely failed and drained the battery to boot and the dealer couldn’t find the cause.

    I volunteered to the vampire ambulance chasers to be an identified member of the class. I’ve no hope of satisfaction from Ford. They want me to ring their unbelievably inept 800 number so I can spend an hour on the phone with some idiot who hasn’t a clue what my problem is and will suggest I reset the system when what I really want is to have it removed from my car and the money I was charged for it to be refunded.

    The car is a 2013 Focus ST, by the way ….


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