Michael Oliver

I went all the way up the chain at Santa Monica Ford and was told to find the 800 number on Ford's website to talk to corporate. Talked with corporate who said I could not escalate further and to talk to the dealer. Around and around...

I have a 2011 Ford Edge Limited AWD that experienced this exact same issue but my VIN was not tied to the recall. I bought the car new from the dealer and just received my first Smog check request from the California DMV (Car is now 6 years old). I attempted to get my car smog checked but FAILED because the PCM is not retaining the successful systems checks after completing a drive cycle. Disconnecting the battery and wiping the system did not work to reset the PCM. The only way to do it is to take it in to the dealer. I brought it to the dealer who confirmed that the PCM needed to be re-flashed but charged me $100 because my VIN was not part of the official recall. I then brought up the fact that my car is still within the 8 year 80,000 mile federally mandated emissions warranty which covers the entire emissions system. It's part of the Clean Air Act Warranty Provisions (42 U.S.C. S 7541 (i) (2) ) https://www.law.cornell.edu/uscode/text/42/7541 I pulled out the Ford warranty which shows everything that is covered and also has a section on things that are not covered. The things in the not covered section include basic wear and tear, physical damage, acts of god, but nothing regarding bad software. I was then told by three different people at the dealer (including the on-site manager) that the PCM is covered by the emissions warranty but only if it fails. Since mine did not "fail" but rather only needed a software re-flash, the software re-flash was not covered by the warranty. It's not the $100, it's the principle. This software flaw has clearly been there since the day the car left the factory and there was absolutely no reason for me to know of the flaw until 6 years after purchase when I am required by law to get my emissions checked in order to register the vehicle. When I asked the dealer how I could escalate this I was told to call Ford corporate and that I could find the 800 number on the website. I don't have time to play games and get taken around in circles. Additionally I am sure I am not the only one having to go through this and want to make this right for everyone out there. Consider the hornets nest stirred. Currently have letters out to the following...am I missing anyone? - Environmental Protection Agency (EPA) - Bureau of Consumer Protections Office of Consumer & Business Education - CA State Attorney General - CA Department of Motor Vehicles - CA State Consumer Protection Office - Federal Trade Commission (FTC) - NADA - NHTSA - American Automobile Manufacturers Association - Better Business Bureau - Speaking to lawyers about class action possibilities