A 2013 Ford C-Max Hybrid owner sued Ford over the 47 mpg EPA test claim.
There’s been a multitude of articles discussing owners and journalists getting less than EPA mpg with the Ford C-Max. I first wrote about this November 18th, 2012. The media storm hit when ConsumerReports claimed, “Tests show Ford Fusion, C-Max Hybrids don’t live up to 47-mpg claims.” I also wrote a blog on “Understanding the Ford C-Max and EPA MPG.” It was my attempt to help C-Max owners and prospective owners understand the EPA MPG claims better. Now, Richard Pitkin, who bought a C-Max Hybrid October 30th, 2012 at Folsom Lake Ford in California has started a class-action suit against Ford (lawsuit here). The suit’s complaints are: Violation of unfair business practices, Violation of false advertising laws, Violation of California’s consumer legal remedies act, Fraud, Negligent misrepresentation, and Deceit. According to Autobloggreen, the same law firm, McCuneWright, is also the firm suing Hyundai.
2013 Ford C-Max Engage Screen
McCuneWright LLP has filed a class action lawsuit on behalf of Richard Pitkin, a C-Max Hybrid owner, against Ford for it’s claim that the C-Max got 47 mpg on the EPA test. Lines 18 and 19 on page 14 of the Ford C-Max/Fusion Hybrid lawsuit states that ‘The members of the Class, all of whom purchased the subject vehicles manufactured and sold by HYUNDAI are “consumers”.’ This should have read FORD, not HYUNDAI! That seems like pretty sloppy legal work by McCuneWright LLP, the law firm. The same law firm is handling the class action suit against Hyundai. I have to wonder if the law firm is just trying to get publicity and an out-of-court settlement by Ford with the filing of their claim, “McCuneWright Files MPG Fraudulent Advertising Class Action Suit Against Ford Motor Company”.
It’s hard to believe that the C-Max owner, Richard Pitkin, who bought a C-Max Hybrid October 30th, 2012 at Folsom Lake Ford in California and started the class-action suit against Ford (lawsuit here) even read the lawsuit.
Can Ford counter sue for damages caused by a potentially frivolous suit?
Just in case the law firm changes the text, here’s the original lawsuit as posted on the firm’s website December 27th, 2012.
Justin Berkowitz of Car and Driver pointed out the same incorrect statements in the lawsuit on December 31st, 2012. It isn’t clear whether C-MaxChat’s publication of this blog four days earlier brought it to his attention. He didn’t respond to my tweet on Twitter.
This blog was first published on December 27th, 2012. It was updated on January 14th, 2013 with the last paragraph.
There is plenty of inventory for the 2013 Ford C-Max Hybrid on Christmas Eve.
According to Forbes, most cars stay in dealer inventory for two months. The Ford C-Max has a dealer inventory time of 17 days. That short time places the C-Max in the list of the top ten hardest cars to find according to Forbes. Of the ten, only the Kia Soul sold more than the C-Max in November 2012. Half of the vehicles on the list have very limited production. Forbes combined the C-Max Hybrid and C-Max Energi for their article. The C-Max Energi is far more difficult to find.
I did a little research with the Edmunds.com site to determine how difficult the C-Max Energi is to find. There were nineteen markets that were the first to receive plug-in electric cars from Ford, including the plug-in version of the C-Max, the C-Max Energi. A search within 500 miles of each of those nineteen markets with the Edmunds.com inventory search shows that the C-Max Energi is very hard to find. I couldn’t find one. A less exhaust search weeks ago did find very limited inventory. It appears as though thousands of C-Max Hybrids are available at dealers using the same Edmunds.com search. It’s possible that Ford is filling C-Max Energi orders for GE rather than providing inventory to dealers. Asking Santa to bring you a C-Max Energi is probably more successful than going to your local Ford dealer.