ACCC Commencing Proceeedings

August 8, 2017

We are very pleased to advise that on 26 July 2017 the Australian Competition & Consumer Commission (ACCC) instituted proceedings against Ford Motor Company of Australia Limited.

The ACCC has launched their proceedings following their investigation of customer complaints in relation to the DSP6 dual-clutch PowerShift transmission. The ACCC also alleges that Ford engaged in unconscionable and misleading or deceptive conduct, and made false or misleading representations in its response to customer complaints about their Ford Focus, Fiesta and EcoSport vehicles which were supplied in Australia between 2011 and 2016 (fitted with the PowerShift Transmission).

The ACCC is seeking relief such as declarations, injunctions, pecuniary penalties, consumer redress orders, corrective advertising, and compliance program obligations.

The ACCC proceedings are independent to the class action.

Bannister Law is currently in contact with the ACCC and will provide more updates as they become available.

Bannister Law’s Class Action for Consumers Claim

1. Loss and damage suffered being the difference between the consideration (money put forward) given by you to acquire the interest in your vehicle, and the true value of the vehicle at the date of purchase;
2. Loss and damage suffered, since the date of purchase, due to the value of the vehicle having diminished more than the value of a comparable alternative vehicle made by a different manufacturer;
3. Failure of respondent (Ford) to comply with the guarantee ion contravention of s271 of the Australian Consumer Law, which has caused loss and resulted in reduction of the value of the vehicle purchased;
4. Loss and damages suffered by you, including but not limited to;
a. diminution in value of the vehicle;
b. amounts paid for repairs;
c. car hire;
d. taxi fares;
e. additional finance costs; and
f. additional expenses and costs incurred as a result of the necessity to replace the affected vehicle and obtain a different vehicle.