Welcome to the Ford Explorer Exhaust Odor Class Action Settlement Website

If you now own or lease (or used to own or lease) model year 2016 and 2017 Ford Explorers sold or leased in the United States, you may be entitled to benefits afforded by a class action settlement. If you received a postcard Notice, you have been identified as owning or leasing a Class Vehicle as defined below.

 

The following Settlement Class has been conditionally certified:

All entities and natural persons in the United States (including its Territories and the District of Columbia) who currently own or lease (or who in the past owned or leased) a model year 2016 and 2017 Ford Explorer sold or leased in the United States, excluding 2016 and 2017 Police Interceptor Utility Ford Explorers (“Class Vehicle”).

IMPORTANT DATES & DEADLINES

Claim Filing Deadline: To be determined

Exclusion Deadline: August 28, 2021*

Objection Deadline: August 28, 2021*

Fairness Hearing: November 15, 2021

*The deadline for objecting to, or requesting exclusion from, the proposed settlement has been extended for New Hampshire residents to September 25, 2021. You can view the Court’s Order here.

THE NATURE OF THE CASE

This class action claimed that Ford sold model year 2016 and 2017 Ford Explorers that are defective because exhaust fumes may enter the passenger compartment of those vehicles. The class action, pending in the United States District Court for the Eastern District of Michigan, is entitled Suresh Persad, Daniel G. Wright, and Robert S. Drummond v. Ford Motor Company, No. 2:17-cv-12599-TGB-MKM (the “Action” or “Litigation”).

Ford denies all allegations of wrongdoing asserted in the Litigation, including that the Class Vehicles are defective and that Ford is liable to any buyer, lessee, or operator of the Class Vehicles under any legal claim. Nonetheless, Ford has agreed to settle the Litigation by providing the benefits described in the Notice.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

SUBMIT A CLAIM

 

If you wish to receive monetary compensation from the Settlement, you must submit a claim. Claims must be submitted to the Settlement Claims Administrator within six months after the Effective Date of Settlement, or 120 days after the date of the TSB Repair for which partial reimbursement is sought, whichever is later.

ASK TO BE EXCLUDED

If you wish to be excluded from the Settlement Class, receive no benefits from the Settlement and retain all your rights, the Settlement Claims Administrator must receive a request for exclusion sent via first-class mail postmarked on or before August 28, 2021.

The deadline for requesting exclusion from the proposed settlement has been extended for New Hampshire residents to September 25, 2021. You can view the Court’s Order here.

Your exclusion communication must include your full name, address, and telephone number; the year, model, and VIN of your Class Vehicle; a clear statement that you wish to be excluded from the Settlement Class; and be personally signed by you (and your lawyer if you are represented by counsel).

Your request must be sent to the Settlement Claims Administrator at 2016-2017 Ford Explorer Exhaust Odor Class Action Settlement, P.O. Box 43520, Providence, RI 02940-3520.

If your exclusion request is properly submitted and received before the deadline, you will not be bound by the terms of the Settlement, and you will be free, if you choose, to pursue your own lawsuit against Ford based on Exhaust Odor. If you do not submit a clear and timely request for exclusion to the Ford Settlement Exclusion Center, you will be bound by the Settlement Agreement and relinquish any claims against Ford based on Exhaust Odor.

OBJECT

 

If you are a member of the Settlement Class, you may object to the Settlement, Class Counsel’s request for attorneys’ fees and expenses, or the request for Named Plaintiffs’ service award.

The deadline for objecting to the proposed settlement has been extended for New Hampshire residents to September 25, 2021. You can view the Court’s Order here.

You may, but need not, select an attorney to appear at the Fairness Hearing on your behalf. If you do, you will be responsible for your own attorneys’ fees and costs.

Instructions on how to object to the Settlement can be found here.

DO NOTHING

Stay in this lawsuit. Await the outcome. Receive the benefits of this Settlement if it is approved.

By doing nothing, you will remain part of the case and do not need to take any immediate action. If the Settlement is approved under the terms described here, you may receive the benefits of the Settlement. In exchange for the benefits you receive, you will give up your rights to sue Ford separately about the same legal claims involved in this action, unless you have personal injury claims related to Exhaust Odor; those claims are not released by the Settlement.

You may, if you wish, comment in favor of the Settlement by sending your comment to Class Counsel: Joseph H. Meltzer, Esq. and Ethan J. Barlieb, Esq., of Kessler Topaz Meltzer & Check, LLP (Class Counsel), 280 King of Prussia Road, Radnor, PA 19087; E. Powell Miller, Esq. of The Miller Law Firm, P.C (Class Counsel), 950 West University Drive, Suite 300, Rochester, MI 48307.