Ford’s 3G Telematics Appeal Is Released From 9th Circuit’s Mediation Program

The 9th U.S. Circuit Court of Appeals released from its mediation program Ford’s appeal of the district court’s Nov. 7 denial of its motion to compel the 3G telematics claims of four class-action plaintiffs to arbitration (see 2312230002), said a text-only docket entry Wednesday (docket 23-3966). Ford’s appellant opening brief in the appeal is now due March 18, and the plaintiffs’ appellee brief is due April 17, said the notice. 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. Ford moved to compel their claims to arbitration based on the sales contracts or lease agreements the four plaintiffs had signed, plus the “connected services” agreements three of the plaintiffs signed to operate their FordPass and Lincoln Way apps. But the U.S. District Court for Southern California sided with the plaintiffs, who argued that Ford can’t enforce those agreements, or that they don’t provide for mandatory arbitration.