15. Mary Boatner purchased a 2017 Ford Explorer from Collier Ford in Weturnpka, Alabama in 201 7.The vehicle, VIN 1FM5K7D80HGC99285 was purchased by Ms. Boatner on July 3, 2017.  16. The 2017 Ford Explorer purchased by Plaintiff was dangerous and defective when purchased because its design and exhaust and/or HVAC systems permitted an exhaust odor, exhaust and other gases, including carbon monoxide, to enter the passenger compartment of the vehicle. The defect is latent in nature because it is not obvious or ascertainable upon reasonable examination or inspection  17. At the time of the purchase, Plaintiff was not notified that the 2017 Ford Explorer she purchased was defective, nor was she notified that she and all occupants, including her husband and grandchildren, would be exposed to lethal carbon monoxide and other potentially dangerous gases while driving in her 2017 Ford Explorer during its normal and customary use.  19.	 When Ms. Boatner arrived in Michigan, and for several days thereafter, she experienced a general altered mental status, including, restlessness and lack of focus, fatigue nausea and headaches.  20. On July 12, 2017, Ms. Boatner learned that 2011-2015 versions of her 2017 Ford Explorers suffered carbon monoxide intrusion and took her Ford Explorer to Brighton Ford. She requested the Ford dealership check for a carbon monoxide leak and repair as needed.  21. Brighton Ford refused to accept Ms. Boatner for repair but did provide Ms. Boatner with a Ford document detailing steps for repairing cabin exhaust leaks in 2016-2017 Explorers.  22. By July 13, 2017 Ms. Boatner's symptoms had not subsided and she was admitted to Henry Ford Hospital in Clinton Township, Michigan for three (3) days. Ms. Boatner underwent several medical tests and was informed that her carbon monoxide levels were "high normal."  23. To date, Ford has not repaired Plaintiffs 2017 Ford Explorer, nor has Ford acknowledged to Plaintiff or the members of the proposed class that the 2016 through present model year Ford Explorers contain design flaws and/or defective exhaust and/or HVAC systems permitting lethal carbon monoxide and other potentially dangerous gases into the passenger compartnents of those vehicles.  24. To date, Plaintiff Mary Boatner continues to suffer from headaches as a result of her exposure to carbon monoxide while driving in her 2017 Ford Explorer. 26.	 The subsequent model year Ford Explorers are not dramatically different in design from the 2011 model year Ford Explorer, and the Explorers sold today are considered part of the "fifth generation" of Ford Explorer vehicles.  27. The 2016 through present model year Ford Explorers and other Affected Vehicles Were designed, engineered and manufactured by Ford with design flaws and/or defective exhaust and/or HVAC systems that permit carbon monoxide and exhaust to enter into the passenger compartments of those vehicles while being driven in a normal and customary manner.  29. Ford knew or should have known that the Affected Vehicles were dangerous and defective such that drivers and passengers of those vehicles may be exposed to carbon monoxide and other dangerous gases while the vehicles are in operation.  30. The defective vehicles were sold or leased pursuant to express and implied warranties. These warranties assured consumers that the vehicles were free from defects and Were properly equipped for the use for which they were intended. At the time the defective vehicles were sold or leased by Ford directly and through its authorized agents, the vehicles were in violation of express and implied warranties. All of the defective vehicles are still within the dates of the express written warranties, or the time or mileage limits in the express warranties should be inapplicable given Ford's fraudulent conduct, among other things.  32.	 Ford's control over the actions of its dealers is also evidenced by its implementation of the company's express and implied warranties as they relate to the defects alleged herein. Authorized Ford dealerships are instructed by Ford to address complaints of an exhaust odor by prescribing and implementing TSBs 12-12-4 and 14-0130 to model years excluding the 2016-2017 Ford Explorers. B. Ford Acknowledged the Affected Vehicles' Defective Condition in TSBs 12-12-4 and 14-0130  33. In response to customer complaints of an exhaust odor in the passenger compartments of the Affected Vehicles, Ford issued TSB 12-12-4 in or about December 2012. TSB 12-12-4 was intended to provide instructions to authorized Ford dealerships to correct the presence of an exhaust odor in 2011 through 2013 model year Ford Explorers.  34. In or about July 2014, Ford issued TSB 14-0130, which added 2014 and 2015 model year Explorers to the list of affected vehicles. TSB 14-0130 was intended to provide instructions to authorized Ford dealerships to correct the presence of an exhaust odor in 2011 through 2015 model year Ford Explorers.  35. Despite issuing TSBs 12-12-4 and 14:-0130, Ford did not inform Plaintiff or the members of the proposed class of the defects in 2016 through present model year Ford Explorers, despite the fact that those defects presented life safety issues to occupants of the vehicles.  36. Notably, TSBs 12-12-4 and 14-0130 fail to disclose that the exhaust odor acknowledged therein is accompanied in the passenger compartment by lethal carbon monoxide.  38. In addition, TSBs 1242-4 and 14-0130 do not identify a specific fix to the exhaust odor problem. Rather, TSBs 12-12-4 and 14-0130 require various replacements and/or repairs to several unrelated vehicle parts. This demonstrates that Ford knew of the defect, but did not know of a specific, effective fix to protect occupants of the Affected Vehicles from exhaust and other gases, including carbon monoxide. Based upon information and belief, Ford issued TSBs 12-12- 4 and 14-0130 hoping, but not knowing, that any one of the various replacements and/or repairs identified therein would remedy the exhaust odor complaints. C. Ford's TSBs 12-12-4 and 14-0130 Fail to Re pair the Defects  39. Ford's TSBs 12-124 and 14-0130 fail to repair the exhaust odor problem, and vehicles which have received the repairs outlined in TSBs 12-12-4 and 14-0130 may continue to have exhaust and other gases, including carbon monoxide, enter the passenger compartment.  40. TSBs 1212-4 and 14-0130 identify flaws in the initial design and manufacture of the 2016 through 2017 model year Ford Explorer and other Affected Vehicles, and prescribe repairs and/or replacements which are inadequate and equally flawed and defective.  41. In TSBs 12-12-4 and 14-0130, Ford requires installation or use of the following replacement parts in the Affected Vehicles, among others: (i) a dual rate air extractor (part number BB5Z-61280B62-A under TSB 12-12-4 and part number BB5Z-61280B62-B under TSB 14- 0130); (ii) valve assembly auto drains (part number 4M8Z-54280B62-A); and (iii) Motorcraft® Seam sealer (part number TA2).  43. The replacement part - a dual rate air extractor - is formed of polypropylene and overmolded with thermoplastic elastomer (TPE). The dual rate air extractor includes "living hinges" and plastic torsional springs that are meant to function as a one-way pneumatic valve.  44. The dual rate air extractor has a listed purchase price of $86.33, whereas the initially installed air extractor has a listed purchase price of $22.50. However, the dual rate air extractor fails to prevent exhaust and other gases, including carbon monoxide, from entering the auxiliary air condition systems and the passenger compartments of the Affected Vehicles. The replacement dual rate air extractors are therefore ineffective, dangerous and defective.  46. Ford designed, manufactured and engineered the 2016 through present model year Ford Explorers and Affected Vehicles using valve assembly auto drains on the rear liftgate of the vehicles which are dangerous and defective because the parts permit exhaust and other gases, including carbon monoxide, to enter the passenger compartment. The replacement valve assembly auto drains fail to prevent exhaust and other gases, including carbon monoxide, from entering the passenger compartment, and thus, they are ineffective, dangerous and defective.  47. Ford designed, manufactured, engineered and assembled the 2016 through present model year Ford Explorers and Affected Vehicles without properly sealing the horizontal sheet metal lap joints on the left and right sides of the underbody of the Affected Vehicles. Ford additionally designed, manufactured, engineered and assembled the 2016 through present model year Ford Explorers and Affected Vehicles without properly sealing the rear sheet metal overlap flange across the rear of the vehicle, and the auxiliary air conditioning lines. Accordingly, TSBs 12-12-4 and 14-0130 require that the foregoing joints, flange and lines be sprayed with "generous amounts" of rubberized undercoating, and seam sealer. However, the rubberized undercoating and seam sealer fail to prevent exhaust and other gases, including carbon monoxide, from entering the passenger compartment.  48. TSB 14-0130 additionally requires the reprogramming of the HVAC module to the latest calibration. Reprogramming the HVAC module, however, fails to prevent exhaust and other gases, including carbon monoxide, from entering the passenger compartment.  50. Plaintiff and each member of the proposed class has been damaged by Ford's conduct and/or inaction, as they have been exposed to harmful carbon monoxide and exhaust, they unknowingly purchased defective vehicles which cannot be safely operated, they have been forced to pay, or will pay, substantial amounts of money to repair the vehicles, if a repair can be made, and the value of their affected vehicles has been diminished because of this defect.  51. A vehicle containing the defect described herein - that is, a defect that pertnits the entry of carbon monoxide and other gases into the passenger compartment of the vehicle - is worth less than a vehicle free from such defect. Given that the defect renders driving the Affected Vehicles a health hazard which is potentially deadly, the vehicles are valueless. At the time Plaintiff purchased the vehicle, she paid a price based on the value of such a vehicle free of such defect. 52. Plaintiff brings this action pursuant to Federal Rule of Civil Procedure 23 on behalf of herself and the members of a three proposed classes. The requirements of Rule 23(a), (b)(2) and (b)(3) are each met With respect to the classes defined below.  54. In addition, Plaintiff seeks to represent the following class, known here as the National Magnuson-Moss Explorer Class: All persons who purchased or leased anywhere in the United States at least one of the following vehicles: 2016 - 2017 Ford Explorer.  55. In addition, Plaintiff seeks to represent the following class, known here as the National Magnuson-Moss All Model Class: All persons who purchased or leased anywhere in the United States at least one of the following vehicles: 2016 - 2017 Ford Explorer, 2007-2013 Ford Edge, and 2007 -2015 Lincoln MKX.  56. Numerosity. Members of each of the four classes are so numerous that individual joinder of all members is impracticable. Based upon information and belief, Ford has sold tens of thousands of Affected Vehicles in Alabama. All of these vehicles exhibit the same issues outlined in TSBs 12-12-4 and 14-0130, and contain a defect that may cause carbon monoxide or exhaust to enter the passenger compartments of such vehicles.  58. Typicality. The claims of Plaintiff are typical of the claims of each of the classes, as Plaintiff and the members of each of the classes have purchased or leased defective vehicles and have been harmed in some manner by Ford's conduct.  59. Adequacy. Plaintiff will fairly and adequately protect the interests of each of the classes. Plaintiff s interests do not conflict with the interests of the members of any of the classes. Further, Plaintiff has retained counsel competent and experience in complex class action litigation. Plaintiff and her counsel are committed to vigorously prosecuting this action.  60. Predominance and Superiority. A class action is superior to other available methods for the fair and efficient adjudication of this controversy, since joinder of all the individual class members is impracticable. Questions of law and fact common to the members of each of the classes predominate over any questions affecting only individual members. Likewise,, because the damages suffered by each individual class member may be relatively small, the expense and burden of individual litigation would make it very difficult or impossible for individual class members to redress the wrongs done to each of them individually, and the burden imposed on the judicial system would be enormous.  62. For all of the foregoing reasons, a class action is superior to other available methods for the fair and efficient adjudication of this controversy. 63. Plaintiff repeats and realleges the allegations in Paragraphs 1 through 62 as if fully set forth herein.  64. This Count is brought on behalf of the National Magnuson-Moss All Model Class and, alternatively, the National Magnuson-Moss Explorer Class and Alabama Explorer Class.  65. Plaintiff is a "consumer" within the meaning of the Magnuson-Moss Warranty Act, 77. Plaintiff Boatner ("Plaintiff," for purposes of the Alabama Class's claims) repeats and realleges paragraphs [1-62] as if filly set forth herein  78. Plaintiff brings this Count individually and on behalf of the other members of the Alabama Class (the "Class," for purposes of this Count).  79. Ford is and was at all relevant times a merchant with respect to the Affected Vehicles.  80. Ford expressly warranted that the vehicles would be free from defects in design, materials and workmanship. Ford promised to pay for all repairs and parts to remedy defects introduced during the design and manufacturing process.  82. Ford failed to disclose this defect, and has failed to notify Plaintiff and the members of the class, and dealers, of such defect and how to correct it.  83. Ford breached its express warranty to repair defects in materials and workmanship within the Affected Vehicles. Ford has not repaired, and has been unable to repair, the Affected Vehicles' materials and workmanship defects.  84. Ford's warranty and warranty repairs fail their essential purpose as Ford has been and may continue to be unable to repair or rectify the problem in the Affected Vehicles. Any claimed limitation on warranty rights accordingly are ineffective and unconscionable given the factual circumstances. 85. Plaintiff Boatner ('Plaintiff," for purposes of the Alabama Class's claims) repeats and realleges paragraphs [1-62] as if fully set forth herein.  86. Plaintiff brings this Count individually and on behalf of the other members of the Alabama Class (the "Class," for purposes of this Count).  87. Ford is and was at all relevant times a merchant with respect to motor vehicles under Ala. Code § 7-2-104 and 7-2A-103.  89. Pursuant to Ala. Code § 7-2-315 and 7-2A-213, a warranty that Affected Vehicles were fit for their particular purpose was implied by law, and the Affected Vehicles were bought and sold subject to an implied warranty for fitness for a particular purpose.  90. The Affected Vehicles did not comply with the implied warranty of merchantability because, at the time of sale and at all times thereafter, they were defective and not in merchantable condition, would not pass without objection in the trade, and were not fit for the ordinary purpose for which vehicles were used. Specifically, the Affected Vehicles suffer a defect in that they have been designed and manufactured such that exhaust and other gases, including carbon monoxide,	 - may enter the passenger compartment of such vehicles during their normal and customary use.  91. Plaintiff and the other Affected members suffered injuries due to the defective nature of the Class Vehicles and Ford's breach of the warranty of merchantability.  92. As a direct and proximate result of Ford's breach of the warranty of merchantability, Plaintiff and the other Class members have been damaged in an amount to be proven at trial.  93. Ford's warranty and warranty repairs fail their essential purpose as Ford has been and may continue to be unable to repair or rectify the problem in the Affected Vehicles. Any claimed limitation on warranty rights accordingly are ineffective and given the factual circumstances. A. Ford Sold and Leased Dangerous and Defective Vehicles  BREACH OF EXPRESS WARRANTY (Ala. Code § 7-2-313 & 7-2A-210, etseq.)  BREACH OF IMPLIED WARRANTIES (Ala. Code § 7-2-314; 7-2-315 & 7-2A-212; 72A-213 etseq.)  VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. § 2301, etseq.) 