This class action lawsuit is brought by Plaintiff on behalf of those who purchased or leased one or more new Ford trucks equipped with a lift kit and larger-than-stock tires that had been installed/fitted at the time of purchase or lease (the “Lifted Trucks”). As alleged, the frames of the Lifted Trucks sit higher off the ground than “stock” vehicles of the same make and model (“Stock Trucks”). However, the jacks that come equipped with the Lifted Trucks are the same as those that come equipped with the Stock Trucks—i.e., designed to temporarily raise the comparatively lower frames of the Stock Trucks off the ground to allow drivers to change tires and perform routine maintenance. These jacks cannot safely be used on, and are not compatible with, the relatively higher frames of the Lifted Trucks.
The tires (e.g., metal rims and rubber tires) installed on the Lifted Trucks are larger in diameter than those installed on the Stock Trucks. However, the spare tires that come equipped with the Lifted Trucks are the same as those that come equipped with the Stock Trucks—i.e., relatively smaller in diameter than those on the Lifted Trucks—and thus do not match the size of, and cannot be used with, the relatively larger tires installed on the Lifted Trucks.
Upon information and belief, each Lifted Truck was sold with a manufacturer’s window sticker (“Monroney Sticker”) that represented that such vehicle came equipped with a jack and spare tire. The Monroney Sticker does not disclose that the jack and spare tire are only compatible with the Stock Trucks, but not with the Lifted Trucks.
Upon information and belief, each Lifted Truck comes equipped with a jack and spare tire. The jack is stored in a compartment inside the vehicle, and the spare tire is housed under the vehicle, below the frame. As described above, the jack and spare tire are only compatible with the Stock Trucks, but not with the Lifted Trucks. Thus, Lifted Trucks include a jack and spare tire that consumers reasonably assume will work with their vehicle – but the components do not.
The lawsuit claims that each person who has purchased or leased a Lifted Truck during the time period relevant to this action was injured by overpaying for a vehicle that did not come equipped with a functioning jack and spare tire, as Ford represented, and as each purchaser would have reasonably expected.