Shaun Zinck Aug. 12, 2015, 11:48am


LOS ANGELES (Legal Newsline) - A major automaker is being sued over claims one of its models doesn't get the miles per gallon that is advertised by the company.

Dave DeLuca filed the lawsuit in California Superior Court against Ford Motor Co., claiming its Ford Fusion model gets less miles per gallon than advertised even under optimal conditions. The defendant removed the case to federal court in July.

The lawsuit said DeLuca purchased a Ford Fusion Hybrid, and even after testing the car he found it “performed below the advertised mileage.”

DeLuca said he drove the car according to Ford technician's standards, which included the windows up, air condition and stereo off and driving under 62 miles per hour.

The lawsuit said DeLuca took his vehicle into the dealership where they did a fuel economy test, and ended up with the same results he had recorded previously.

“Ford's regional customer service representative told Mr. DeLuca there was nothing she could do to fix the car because it was not broken,” the lawsuit said.

Ford eventually issued a software update that it claimed would improve mileage. When the software was updated, DeLuce noticed that the vehicle's mileage was displaying better mileage, but when he got gas he noticed the monitor was inaccurate.

DeLuca is seeking class status against Ford for all those who purchased a hybrid model in California. He is also seeking an unspecified amount in damages.

DeLuca is represented by Michael L. Cohen and Heather M. McKeon of Cohen McKeon LLP in Los Angeles.

U.S. District Court for the Central District of California case number 2:15-cv-05432.

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