Is a class action lawsuit in order?

David196

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Any lawyers or law professionals in the forum?


I understand no customers have technically been hurt from this at the moment and Ford is sort of building vehicles that could be build first.

Customers are extending leases, buying alternatives vehicles, and doing others logistical stuff to get by.


Just wondering since Ford stated the Broncos would be delivered based off the Time Stamp of your reservation. (As long as they could be built)
And led to the great unfathomable, misleading, non-communicated, and nonsensical allocation system of this vehicle, while Ford completely went back on their word.
Can you do something about it after the stock units show up before our time stamp reservation orders?

If Ford decides to start building the STOCK units and push the customers reservation to the back burner, do the customers have a foot to stand on.


Could we start to fight back?
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RoLyMa27

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Yeah, that's it... let's all sue em! While we're at it let's add lack of cup holders, and no mansquatch, oh,..and I can't get the color I want, and by God let's add those hideous orange and blue accents! My feelings, patience and sanity have been harmed beyond repair!
 

AgentKooper

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I’m a lawyer, and I think the chances of successful litigation against Ford or a Ford dealership for delayed delivery of Broncos is about zero. First you’d have to show existence of a contract. An online reservation isn’t likely to clear that hurdle.

Let’s assume those that have a signed purchase order do have a contract. They have to prove the contract was breached. Does a change in how orders are prioritized constitute a breach of the written contract? Depends on the specific terms, so I don’t know.

Let’s now assume you can prove that there was a contract, and a breach of that contract. Now you have to prove damages. That’s going to be the most difficult obstacle to overcome. Both parties to a contract have a duty to mitigate damages — meaning that you have to be proactive to reduce the potential financial loss from the breach. For example, if your roofing contractor quits halfway through the job, you can’t just leave the roof unrepaired and sue the contractor a year later for the cost of a year’s worth of water damage caused by the unrepaired roof. You have to find another contractor to timely fix the roof, and then maybe you sue the original contractor for any additional cost incurred.

Back to the Bronco example: What are your financial damages for having to wait longer than you wanted to take delivery of a luxury vehicle? Probably none at all. And if there were potential damages somehow, you could mitigate them by buying a Jeep or something.

I could make up a crazy law school exam hypothetical fact pattern that might allow you make a case against Ford, but in the real world, no one is going to win a lawsuit over this.
 
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Coldsmoke

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I’m a lawyer, and I think the chances of successful litigation against Ford or a Ford dealership for delayed delivery of Broncos is about zero. First you’d have to show existence of a contract. An online reservation isn’t likely to clear that hurdle.

Let’s assume those that have a signed purchase order do have a contract. They have to prove the contract was breached. Does a change in how orders are prioritized constitute a breach of the written contract? Depends on the specific terms, so I don’t know.

Let’s now assume you can prove that there was a contract, and a breach of that contract. Now you have to prove damages. That’s going to be the most difficult obstacle to overcome. Both parties to a contract have a duty to mitigate damages — meaning that you have to be proactive to reduce the potential financial loss from the breach. For example, if your roofing contractor quits halfway through the job, you can’t just leave the roof unrepaired and sue the contractor a year later for the cost of a year’s worth of water damage caused by the unrepaired roof. You have to find another contractor to timely fix the rood, and then maybe you sue the original contractor for any additional cost incurred.

Back to the Bronco example: What are your financial damages for having to wait longer than you wanted to take delivery of a luxury vehicle? Probably none at all. And if there were potential damages somehow, you could mitigate them by buying a Jeep or something.

I could make up a crazy law school exam hypothetical fact pattern that might allow you make a case against Ford, but in the real world, no one is going to win a lawsuit over this.
Thank goodness for a reasoned response to this thread. We have way too many frivolous lawsuits in this country and what was originally suggested would be another one of them.
I am in the same boat as most on this forum…..15 months and waiting but in the end, regardless of Ford’s screw ups and poor planning, the wait helps build character and patience. Would it have been better to have my Bronco in June when it was originally planned to be delivered? Sure but I haven’t “suffered” because of the delay. (Maybe my wife has suffered from listening to me piss and moan, but that’s another story) 😁
 

WatchYourSix

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Any lawyers or law professionals in the forum?


I understand no customers have technically been hurt from this at the moment and Ford is sort of building vehicles that could be build first.

Customers are extending leases, buying alternatives vehicles, and doing others logistical stuff to get by.


Just wondering since Ford stated the Broncos would be delivered based off the Time Stamp of your reservation. (As long as they could be built)
And led to the great unfathomable, misleading, non-communicated, and nonsensical allocation system of this vehicle, while Ford completely went back on their word.
Can you do something about it after the stock units show up before our time stamp reservation orders?

If Ford decides to start building the STOCK units and push the customers reservation to the back burner, do the customers have a foot to stand on.


Could we start to fight back?
I would love to see one but I don't think it's realistic. It's important to understand that Ford never promised anyone a vehicle. They offered the opportunity but it's not a guarantee. They definitely did renege on their word when it comes to delivering reservation holders' orders first and that really sucks but I'm not sure there's much recourse here besides the social media campaign that's under way.
 

Karl_in_Chicago

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Any lawyers or law professionals in the forum?


I understand no customers have technically been hurt from this at the moment and Ford is sort of building vehicles that could be build first.

Customers are extending leases, buying alternatives vehicles, and doing others logistical stuff to get by.


Just wondering since Ford stated the Broncos would be delivered based off the Time Stamp of your reservation. (As long as they could be built)
And led to the great unfathomable, misleading, non-communicated, and nonsensical allocation system of this vehicle, while Ford completely went back on their word.
Can you do something about it after the stock units show up before our time stamp reservation orders?

If Ford decides to start building the STOCK units and push the customers reservation to the back burner, do the customers have a foot to stand on.


Could we start to fight back?
It was only a matter of time. I doubt this will be the last one (may not even be the first). Have fun, but count me out.
 

Motor City Lifer

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copied and pasted from another thread...

7. Right to Modify, Cancel Program.

Ford reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes.

11. Force Majeure.

Your participation in the Program and/or your Reservation does not create liability for Ford or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of our control.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORD BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR RESERVATION DEPOSIT.

14. Applicable Law, Venue, and Class Action Waiver.

These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of Michigan. Ford and you agree that the United States District Court for the Eastern District of Michigan, or the Sixth Circuit Court, Oakland County, Michigan has exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Ford and you consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

None of these clauses seem to be outside of any legal theory, which means I doubt a judge would find them illegal. This is standard contract language I've seen hundreds of times in my career as a contracts manager. Jurisdiction of law is Michigan. At worst Ford is liable to refund the OP's $100.
 

Motor City Lifer

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I guess that many of us forgot to read the fine print.
 

johndeerefarmer

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Shove your stupid law suit. Everyone today is sue happy. Wonder why doctors and everybody else have such high prices? Because they have to carry liability insurance with huge values
 

Heffe66413

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Any lawyers or law professionals in the forum?


I understand no customers have technically been hurt from this at the moment and Ford is sort of building vehicles that could be build first.

Customers are extending leases, buying alternatives vehicles, and doing others logistical stuff to get by.


Just wondering since Ford stated the Broncos would be delivered based off the Time Stamp of your reservation. (As long as they could be built)
And led to the great unfathomable, misleading, non-communicated, and nonsensical allocation system of this vehicle, while Ford completely went back on their word.
Can you do something about it after the stock units show up before our time stamp reservation orders?

If Ford decides to start building the STOCK units and push the customers reservation to the back burner, do the customers have a foot to stand on.


Could we start to fight back?
I disagree that no customers have been hurt. Reliance on Fords promises precluded many customers from deals on other vehicles or lower interest rates.
 

broadicustomworks

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copied and pasted from another thread...

7. Right to Modify, Cancel Program.

Ford reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes.

11. Force Majeure.

Your participation in the Program and/or your Reservation does not create liability for Ford or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of our control.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORD BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR RESERVATION DEPOSIT.

14. Applicable Law, Venue, and Class Action Waiver.

These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of Michigan. Ford and you agree that the United States District Court for the Eastern District of Michigan, or the Sixth Circuit Court, Oakland County, Michigan has exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Ford and you consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

None of these clauses seem to be outside of any legal theory, which means I doubt a judge would find them illegal. This is standard contract language I've seen hundreds of times in my career as a contracts manager. Jurisdiction of law is Michigan. At worst Ford is liable to refund the OP's $100.
Pretty much sums it up.
Can we put this dead horse to bed now?
At least until someone else starts another thread with the same question...
 

thatspecialbeat

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Not from reservation holders. The only potential cause of action that could have legs would be by shareholders. Someone could potentially show Ford internally knew it was facing massive delays while it still publicly stating it would fill most of the orders in 21.

But this would be a tough case to make since I am sure Ford vets its public communications and they can always claim the COVID uncertainty defense. This kind of suit would require a big shareholder to want to spend the $$ to go after it.

So probably nothing.
 
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