Ford Explorer, Mercury Mountainer & Lincoln Aviator Owners & Lessees File Class Action Lawsuit Complaint Against Ford Motor Over Alleged Cracked Rear Tailgates.
A class action lawsuit has been filed against Ford Motor Company (“Ford” or “Defendant”) in the United States District Court for the Southern District of California (styled Karla and Virgil Iler v. Ford Motor Company, Class Action Case No. 10CV2648 DMS JMA) alleging, among other things, that the rear tailgate of 2002 through 2005 models of the Ford Explorer, Mercury Mountainer and Lincoln Aviator suffer from a defect that causes the rear tailgate to crack which allegedly results in a safety risk and diminution of value of the vehicles, according to the Ford Explorer, Mercury Mountainer & Lincoln Aviator cracked rear tailgate class action lawsuit complaint.
The Ford Explorer, Mercury Mountainer & Lincoln Aviator Cracked Rear Tailgate class action lawsuit complaint is reportedly brought on behalf of the following putative classes of persons, unless otherwise excluded:
All original owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator residing in the United States, that have repaired or paid another individual or entity to repair a damaged rear tailgate of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator (the “original owners repaired subclass”)
All original owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator residing in the United States, that have not yet repaired or paid another individual or entity to repair a damaged rear tailgate of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator (the “original owners not repaired subclass”)
All subsequent owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator residing in the United States, that repaired or paid another individual or entity to repair a damaged rear tailgate of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator (the “subsequent owners repaired subclass”)
All subsequent owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator residing in the United States, that did not repair or pay another individual or entity to repair a damaged rear tailgate of a 2002 through 2005 Ford Explorer, Mercury Mountainer & Lincoln Aviator (the “subsequent owners not repaired subclass”)
The Ford Explorer, Mercury Mountainer & Lincoln Aviator rear tailgate class action lawsuit complaint reportedly asserts claims for violation of the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligence, fraudulent concealment and misrepresentation, negligent misrepresentation, and unfair competition under the California Business & Professions Code 17200.
For more information on the Ford Explorer, Mercury Mountainer & Lincoln Aviator Cracked Rear Tailgate class action lawsuit, read the Ford Explorer, Mercury Mountainer & Lincoln Aviator Cracked Tailgate class action lawsuit complaint.
If You Have Thoughts On The Ford Explorer, Mercury Mountainer & Lincoln Aviator Cracked Rear Tailgate Class Action Lawsuit, Share Your Class Action Lawsuit Comments Below.
{ 75 comments… read them below or add one }
It is about time. Ford should know how to take care of customers. If you don’t, they will leave and no buy your products. I have my truck since new. It also has this crack rear panel applique. I have been driving around like this since it crack awhile back. I would hope this course of action can give the owners of these cars some sense of relief is due. I hope Ford can own up to its reputation.
I would be interested in hearing the results of this lawsuit. I have a 2003 Explorer and just last month noticed the crack in the tailgate. Haven’t contacted my local Ford dealer yet to see what it would take to fix it.
I’ve got a 2002 Eddie Bauer V8 with the crack. This class action suit is a great idea however I won’t get my hopes up too much. Ford is like all other big corporations and will forget that it was us “little guys” that made them great.
I am the original owner of a 2003 Ford Expolorer. The tail gate crack happend last year, when my car had approximately 65,000 miles on it. All I did was shut the tail gate, just like I would any other day. I flipped out when I saw it. I take pride in my vehicle, and of course want it to look nice for as long as I have it. I contacted Ford’s corporate offices, and went through a series of emails with them. They never acknowledged this is a problem for a multitude of Fords and Mercuries like it, they simply kept thanking me for my concern and for being a customer, with the final comments stating there is currently no recall for this issue, have a nice day. I am so embarrassed to drive my car with this huge crack on the rear…and how will anyone want to buy it when we choose to sell it at some point? I also see quite a few cars just like mine around town, with the exact same crack, same location and all. I hope with everything I have that Ford loses this lawsuit, and that we all are able to have this situation rectified. I can guarantee with Ford’s neglect on this issue, I will never be a Ford customer again.
My 2002 Ford Explorer tailgate cracked below the window early last December. My wife has then observed several other Ford Explorers with a similar crack. After surfing the web today I have discovered that this is a common problem and in fact there is now a class action suit in progress.
Glad to read this!!!
I have a 2004 Lincoln Aviator I was aware of the crack and thought I must be luck to have dodged the “crack” bullet. Well to my dismay, after washing my aviator this weekend, I woke up the next morning horrified by what I saw. THAT CRACK>>>>>>WTH
My Ford Explorer 2004 has the same issue. I was so sad when I saw it the first time. I could not agree more with the person that states “I am so embarrassed to drive my car with this huge crack on the rear…and how will anyone want to buy it when we choose to sell it at some point?” I am really happy to hear there is a lawsuit out there already and hope to hear good news soon.
Include me in this class action. My ’02 Explorer rear tail gate is cracked! The engineer who came up with the composite for the tail gate should be tarred and feathered!
I am the original owner of a 2005 Lincoln Aviator. I just replaced the back tailgate for the second time due to cracking at my own expense I might add.
I am the original owner of a 2005 Lincoln Aviator. I just replaced the rear tailgate for the second time due to cracking at my own expense I might add.
I own a 2002 explorer, I thought was in great shape until last week my wife noticed the crack in tailgate, I hope Ford will step up and take the
actions needed. There are a bunch of other trucks we can buy….
I have a 2002 with the same crack. How will we find out the result of the class-action lawsuit and what do we do if it is favor of the plaintiff? Can we get our trucks fixed too? Who will tell us and how?
About time someone held Ford to account over this issue. Their refusal to even listen to their customers on this issue is indicative of the whole mess that the automotive industry is in. In fact, rather than play ball with affected owners, Ford dealerships are actually making money on these faults. I hope your listening now Ford!
I have a 2005 Ford Explorer with a crack in the liftgate as well. I have heard o f many others. I was told that many have been fixed and have cracked again. I think Ford needs to step up to the plate and take responsibilty for this.
Thank you Karla and Virgil Iler. I own a 2002 Explorer which started with a very small crack on the rear window panel and now has expanded from top to bottom When I inquired at a Ford dealer a few years ago, I was told replacement was only covered if the vehicle was below 50,000 miles.
I own a 2008 Ford Escape, two issues, one my power steering went out at 50,000 miles. I contacted my service technition and was told that it was not covered under any warranty. They told me it would be aroung $2000 to fix. Today, I was driving my son to soccer practice when we heard a loud bang as if something hit our car, I got out at the practice to see that my sunroof had shattered. I noticed a police officer close by and asked him what he thought it could be, he told me that if something hit the car the object would be inside the cover. I then came home and noticed that there have been several people having problems with Ford vehicles sun roofs exploding. I have bought five vehicles from Ford, after the lack of attention to these issues I will not be purchasing another Ford vehicle again.
I have a 2002 Explorer with about 90,000 miles. I noticed the crack about six months ago. I called our local Ford dealership. The girl in the Service Dept. told me I was lucky it hadn’t happened sooner! Now it seems that almost every Explorer in those year ranges have the same crack in the same place!
We have a 2003 Lincoln Aviator. The tailgate has a crack on the strip just below the rear window. We have surveyed other Lincoln Aviators in parking lots and 1/2 or more have the same crack in the same place….just to the right of center. Clearly there was a defect in the structural engineering or the welding pattern on the tailgate. Hopefully Lincoln will recognize their error and help their customers fix the problem. If not, their loyal customers will probably look elsewhere for their next vehicle.
I just bought my son a 2005 Explorer that had this crack. The people at the dealership said that it is a common problem with the 2003-2005 models and that it wasn’t worth it to them to fix it before selling it. They even showed me a Mounaineer on the lot with the same crack. The Explorer I bought is beautiful, was well maintained and immaculate with the exception of the crack on the tailgate. I hope that Ford will take care of this problem since it is a manufacturer’s defect.
Glad to hear it! Include me in lawsuit. My husband’s Eddie Bauer Ford Explorer 2002 and mine which is 2004 both have cracks. When his cracked I was surprised until I started noticing others and then mine cracked. For Ford to say NOTHING is wrong on their end and we could pay to have it fixed is totally wrong! For this reason, I will not buy another Ford and that is all I’ve bought for over 40 yrs. I’ve always said that someone should start a class action suit -thanks for doing it for all of us.
I have a 2005 Lincoln Aviator with the same crack. I take notice of others on the road and have seen many with the same crack. I have 2 other Fords in my driveway. a 2005 Escape and a 2003 F150. I have owned Fords my entire life. I’m 61 years old. They better make good on this issue. The Foriegn car market has enough US car sales.
I own a 2002 Ford Explorer, purchased new, and have the same issue!!! I have always kept my car in mint condition, inside and out. I took the vehicle to an auto body repair shop and was encouraged to “explore” the class action suit. The quote for the repair was in excess of $1000, dependent upon being able to find a USED tailgate!! We’re shopping for a new vehicle now but will keep our Ford – cracks (2) and all. Trust me….will never purchase a Ford again, especially if Ford fails to stand by their customers. Look forward to hearing outcome of this class-action suit.
Add me to the list. Between my air conditioning problems, paint problems and now this crack, I am over Ford and their not dealing with problems.
I also own a 2002 explorer I noticed the large crack in the upper part of the tailgate. I went to the ford dealer in my area and they quoted me a price of $800.00 to 1000.00. We really fell in love with the vehicle and felt that we have bought a really good vehicle. I have owned a 1995, 1997, and this explorer. Now I am very upset with ford PLEASE INCLUDE ME ALSO!!!!!!
Own both a 2003 and 2005 Mountaineer and cracks in exactly the same place (on tailgate around emblem) on both cars. Makes it look as if the car has been in an accident. Definitely hurts the value of the car.
Let me jump in your boat…We have 2005 Explorer with a crack…Thought it was a fluke but I see them all over town now!!!
2004 Mountaineer Premier here…cracked last week. We better get a settlement or a revised part out of this…
If you haven’t already, and you have this problem, call Ford and get your complaint on record with them about the crack and give them the VIN #. The Defendants (Ford, et al.) in the case will have to produce discovery prior t any settlement attempt or trial. Part of that discovery will be ‘any and all complaints of this nature, the name of the owners, VIN #, etc.’ to be produced to the Plaintiffs. If a jugement is rendered, Defendants will likely be forced to satisfy all the complaints; including those they produce in discovery; but also, the Plaintiffs will have witnesses to the problem by seeing your name and complaint.
I thought I was the only one who has this problem. Tonight we just noticed the crack to the right of the Ford emblem, it goes from top to bottom of the panel under the rear window of our 2005 Explorer. It wasnt there yesterday. Tell me please how do we contact Ford, what number do we call?
I have a 2004 Aviator and had the same problem. Had it fixed and IT HAPPENED AGAIN less than a year later!!!! Please include me in the class action lawsuit for sure!!!
I have a 2002 explorer as well, needless to say share the same problem with the cracked tailgate just, very troubling. Ialso have an 2005 and I am hoping for the best with this currently no cracks on the 05 YET!!!!!
Please include me on the lawsuit as well!!!
My first crack happened when I bought my Mountaineer, had it replaced for $500 now that one completely flew off a couple of months ago as my husband was driving down the street!! It’s ridiculous to have to replace the same part over and over again!
Thank you Karla and Virgil Iler. The applique on the rear of my 2005 Explorer just cracked at about 75,000 miles and 6 years of age. I went on line to Ford’s customer service department and got the same responses of NO ACCOUNTABILITY. I am through with Ford and told them so. The days of the Big Three are over. There are so many other choices for cars, trucks, and SUV’s. My complaint is now registered with Ford, so I will be watching this Class Action Suit. BTW, on E-bay, there is a shop in Florida which makes a 17″ wide panel to go over the area of the crack. He will match your paint color code and then Clear Cote. He can also send you one that is only primered. Mine is in the mail.
Can’t find the eBay seller Jerry Wittenauer states provides a cover panel. Could Jim or any other person that knows details f the shop in FL that sells the panel, please post details.
Yep, add me to this list of cracked tailgates…..it just happened to my 05-Ford Explorer Eddie Bauer edt. yesterday….in FLORIDA where there’s no freezing here yet. Vehicle was sitting in driveway when this happened….nothing hit it, it just CRACKED!!! After a long search in the internet about it…finding out that Ford will not recall this defect, I found the Class Action Lawsuit and I really hope it doesn’t get dragged out for too long and goes in FAVOR of us Plaintiffs. Shame on you Ford Co. for knowing this and not owing up to it.
Add me to the list of cracked tailgates, it happened a few months ago, I was driving and the hatch just flew open. I took it to a body shop and was told they have seen this happen before on the 2004 Lincoln Avaitors. I was told it would cost alot to fix, since the whole hatch needs to be replaced. I hope Ford steps up, this is not right.
add me to the lawsuit – from Sydney australia. I’m not alone either – have seen other Explorers here with the same problem. its just not good enough Ford.
The tailgate on my 2005 Explorer cracked Friday A.M. while it was sitting in my driveway. What do I do to get included in the class action suit against Ford.
Yes I hope we all win on this complaint I have 2002 Ford Explorer, and I have the same problem crack on my tailgate, I am from CAnada and all I have seen on the same truck I have is the same problem crack on the taigate Yes what do we do to joined the class action suit against ford.
i would like to be added to the class action lawsuit
my 2005 EXPLORER XLT
just acquired same crack in rear hatch applique
Just wanted to add my name to the list in the event a larger number of members are invited to join the suit.
The crack of doom has appeared on the tailgate my 2004 Eddie Bauer V8 Explorer. Like most it passes through the Ford oval in traveling from top to bottom. It occurred spontaneously, with no known impact or other force being applied to the area.
I have 2005 ford explorer with the same cracked rear window. I am going to join this class action. Like others I am in complete disgust with how Ford has handled this issue..
We would like to be included in the class action suit because our 2003 Aviator has been repaired TWICE for the cracked rear tailgate by our Ford Lincoln dealer. We have now disovered another crack in the same location as the two previous cracks. This will be the 3rd separate incident. We contacted Ford, so far they are not able to help us. Why doesn’t Ford have a solution for this problem?
I have a 2003 Lincoln Aviator with about 75,000 miles. The rear tailgate has been repaired twice for the cracked tailgate by Ford/Lincoln Dealer. Now it is cracked for the third time in the same place. This being the 3rd crack in a small amount of time, I feel that Ford/Lincoln should step up to the plate and take care of the repair. It is obvious, there is a serious defect in the tailgate engineering. I have talked to three different people at Lincoln and none are willing to attempt to repair or even offer a reduced rate for the repair. I was told by one of their customer service supervisors, they would be more than willing to assist me in purchasing another new vehicle. “Now that’s what I call customer service.” What an insult!!. Please add me to the class action lawsuit against Ford/Lincoln for the Cracked Tailgate.
Re the e-bay seller for a cover-up plate over the crack: he sells them only primered and then also painted via your paint code. My primered one arrived kinda dinged up and with the primer not fully adhered. He shipped it in a semi-padded envelope, not good. I am going to send it back and ask for a different one. I’m not sure if this is the route to go. I will advise later.
Just noticed my tailgate of my 2004 Aviator cracked recently. Live in Missouri and evidently when it turned cold the crack occured. Keep the vehicle garaged and drive 3 miles to work daily. Love the vehicle but not the unsightly crack now in the rear of the vehicle. Appears there is no need to fix if it continues to crack.
My 2005 just cracked too. Nice job Ford ! Just fix the problem on these vehicles! Why should we pay to fix your mistake?
I’m really hopefull Ford will resolve this issue immediately. I also have my 2003 Lincoln Aviator with a crack down the middle of the rear hatch without us causing any physical damage to it. We’ve had this vehicle since brand new and its been a great SUV -Ford correct this matter and keep us the consumers (Buyers of your vehicles) happy so we can buy more Lincolns in the future-It’s the only smart thing to do.
Same story as all the rest. But I have family that worked for Fords and family that still work for them! I hope the law suit is done before I have to get a new car. I would like mine to be fix like they should have done in the first place.
Just noticed a crack on rear panel of my 2002 ford explored. took it to dealer said out of warrenty wanted 400.+I am going to a body shop and have it filled for 150. shouldnt have to pay for defective product. What really bothered me was dealer acted like he had never seen this problem before.
Maybe a dumb question but will this “Class Action Law Suit” cover the entire USA or just California.
Regards,
Palmer
I have had mine repaied once…its cracked all over again !
I just joined the cracked tailgate club. Anyone hear if there is any progress on the class action suite?
Just want to add my name to the list. I have a 2004 Lincoln Aviator with the same problem… cracked tailgate!!! Does anyone know when this is going to be settled?
I own a 2005, my parents a 2004, friend of the family 2003 and another friend 2002, all the same crack. I contacted Ford and was told that they cannot recall anything that the National Highway Safety Administration has to recall it. I wrote them a letter and got no reply, this is absolutely ridiculous….
Our 2004 Explorer has been garaged since new and only has 56K miles. I went out on Saturday morning, Jan. 8th and to my horror saw a gaping crack in the panel just left of the Ford Emblem below the back glass. I have seen many of these vehicles on the road over the years with a similar crack and now I’ve joined them. Ford should be embarrassed to have such inferior products riding around.
I own a 2004 Ford Explorer and of course the tailgate is cracked. I got in contact with Ford’s customer service and they treated my case as an isolated one.
I set a group on Facebook where Ford Explorer owners can post pictures of their “cracked” vehicles. Is just a small effort to get Ford to look our way. If you like to join it go to:
http://www.facebook.com/groups/286190104746189/
Best regards
I have a 2003 Lincoln Aviator and have had quite the battle with Lincoln over this crack. It was brought to Lincoln to be repaired, but unfortunately the incompetant service employee PUT IT BACK TOGETHER WRONG, resulting in a completely rusted and corroded tailgate window lock. I was given a price of $1700. to replace such tailgate. Ended up going to a nearby Ford dealership that repaired the tailgate window mechanism and they (Ford) informed me that Lincoln had put the tailgate back together wrong when they repaired it the first time. Now $200. in the hole it has once again cracked only worse than the first time. I MUST warn you, be careful of rust in the window locking mechanism. The tail gate window will refuse to shut if this happens. Good luck to all of us. My truck is in mint condition until you get a load of this ugly crack.
UUUUUUUUUUUUUUUUUUUUGGGGGGGGGGGGGG!
I’m sorry. I just took my garbage out and while walking back up the driveway I noticed this long upside Y shaped crack just to the right of the Lincoln emblem on my 2005 Aviator. Pretty much ruined my day! I have been researching this class action for roughly 3 hours now and am hoping to get on board. I can barely look at this disaster. I hope Ford does right with this one.
My 2003 Explorer Ltd panel is cracked also.
I have the same cracked panel on my 2004 explorer. I also have peeling paint for at least a couple of years.
I’m the original owner of a 2003 Ford Explorer. My wife and I noticed the crack in the back a few years ago. We call our Explorer The Cracken. We always check out other Explorers and, sure enough, The Cracken is legion.
Bought my 2005 Explorer XLT new in June 2005. Crack just appeared this month (February 2012). Vertical crack, to the left of the Ford emblem, runs the entire top-to-bottom length of the liftgate trim panel.
Same here, 02 Explorer XLT. Been there for last 2 years, since then have seen a lot of Explorers with the same crack, a Google search proves it. This is obviously a defect and Ford needs to fix this problem!!!! Love the truck, take good care of it, I just wish Ford would take care of their customers!!
Have a 2004 with the crack. Has anyone heard about the law suit
My 2003 Aviator just recently developed a crack to the right of the Lincoln emblem on the rear window panel.
I am not getting it fixed, because I think justice will prevail and Ford with eventually lose the class action lawsuit and fix our vehicles at NO CHARGE.
I am the original owner of a Mercury Mountaineer 2004 Premier V8 all black and I also have 2 cracks down the tailgate area by the emblem. I would like to be added to this class action lawsuit. I have reported this to Ford customer service a few weeks ago and they act as if they never heard about this.It’s a grat vehicle but I don’t think i’ll stay with Ford after this.
Have a 2004 Explorer that I love. Came out of Wal-Mart one day and the back was cracked, right under the window, close to the Ford emblem. Surely Ford will do something about this!
I have a 2003 Lincoln Aviator. Two years ago I contacted my local Ford dealer to report the crack that just “appeared” one day under the window on the tailgate. He said that he could refer me to a repair show where I could get it fixed, of course at my own expense. This is just a cap on all of the things that have gone wrong with this car. It still takes me at least 5 minutes every morning to get it out of Park…and I could go on and on. I will NEVER again buy an American made car.
I have a 2004 Lincoln Aviator with a cracked tailgate. I would like to kept informed about the results or what I should be doing to assist any legal matters to expedite this suite.
2002 Eddie Bauer that also has the infamous cracks – 1st one below Ford Emblem 5 months ago then another to the left of it a month or so later. Seems to be the least of the problems with this vehicle since this is just cosmetic – really need lawsuits for tranny, 4×4 module, window controls, strange clicking noise from back, etc, etc. All vehicles have same defects in common and Ford just keeps churning them out. Sign me up!
We just noticed the crack in our 2004 Explorer.
Cmon Ford step up to the plate!!!!
I own a 2002 Ford Explorer. In 2008 or 2009 while on vacation, I unloaded my trunck at the hotel , closed it and the whole back window shattered. I’m thankful that I removed my small child from the vehicle minutes earlier as her car seat was full of glass!!! I recently found out the 2002 Ford Explorer’s transmitions were built wrong. I just had my transmition replaced. I am a very dissatisfied Ford customer and want to join any class action lawsuit there is on the window and transmition.
I have a 2003 Lincoln Aviator and I do love my car but I hate the ugly crack in my tailgate. Several years ago I complained to my Lincoln Mercury service center about having it repaired since it was not from any misuse of mine and looked into the warranty. I simply closed the trunk and CRACK. I was told by one of their associates that this a reoccurring problem that Lincoln has and that no mmater how many times you fix the crack in the tailgate it will continue to crack as he had seen it frequency done. My Aviator had 2 cracks and finally a little piece finally broke off. Please include me in this class law suit.