Ford Appealing Denial of Its Motion to Compel 3G Telematics Claims to Arbitration
Ford is appealing to the 9th U.S. Circuit Court of Appeals the Nov. 7 denial of its motion to compel the 3G telematics claims of four class-action plaintiffs to arbitration (see 2311080067), said its notice of appeal Friday (docket 3:22-cv-01716)…
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in U.S. District Court for Southern California in San Diego. The plaintiffs allege the 3G modems on Ford vehicles they bought or leased were rendered inoperable, as were the roadside assistance features that depended on those modems, after AT&T’s 3G phaseout in 2022. They allege Ford knew as early as 2019 that AT&T’s phaseout of the 3G network was inevitable and yet continued to manufacture vehicles with 3G modems. Ford moved to compel their claims to arbitration based on the sales contracts or lease agreements the four plaintiffs signed, plus the “connected services” agreements three of the plaintiffs signed to operate their FordPass and Lincoln Way apps. But U.S. District Judge Michael Anello sided with the plaintiffs, who argued that Ford can’t enforce those agreements, or that they don’t provide for mandatory arbitration.