Bushkill man claims Ford violated federal Magnuson-Moss Warranty Act, state UTPCPL

By Nicholas Malfitano | May 30, 2017

PHILADELPHIA – A man claims Ford Motor Company violated federal and state law when it sold him an automobile he claims was rife with serious mechanical problems and defects.

Barry Deremer of Bushkill filed suit in the Philadelphia County Court of Common Pleas on May 19 against Ford Motor Company c/o CT Corporation System, of Harrisburg.

According to the lawsuit, on Sept. 17, 2015, Deremer purchased a used 2014 Ford Focus manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The contract price/total cost of the vehicle was in excess of $20,403.77, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law.

In consideration of the purchase of the Ford Focus, Ford issued Deremer an express three-year/36,000-mile warranty, but Deremer avers Ford made four documented unsuccessful repair attempts in conjunction with the warranty.

Through these attempts, Deremer said unsuccessful repairs were made to the shuddering engine, the brake lights and headlights, steering wheel, horn and cooling fan, among other parts of the vehicle. Per the complaint, the vehicle continues to exhibit “defects and nonconformities which substantially impair its use, value and/or safety.”

For violation of the Magnuson-Moss (FTC) Warranty Improvement Act, the plaintiff is seeking damages in an amount equal to that of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorney’s fees and all court costs — and for violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking separate damages not in excess of $50,000, plus collateral charges, attorney’s fees, all court costs and treble damages in this matter. Pursuant to the UTPCPL, the plaintiff notes it permits a court to award up to three times the actual damages sustained for violations.

The plaintiff is represented by Robert M. Silverman of Kimmel & Silverman, in Ambler.

Philadelphia County Court of Common Pleas case 170502944

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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