More like any capacity over 0.0Kwh would be a tough sell to Ford for a replacement. Believe us--the people who had 3.8 after only 30,000 miles of driving.
Best bet is to call the lawyer above which will make Ford give us an official number where they will replace the battery--just like what happened with Nissan. Any talk of "limiting of damage" is really just proof that Ford sold us a broken system and will do nothing to fix it. Not only that, they keep on selling it and thousands of people are getting the short end of the stick and Ford is profiting. Lastly, if you "limit" the damage, when the class action is over your battery will not be not quite bad enough to get replaced for free.
I'm the last person to talk to a lawyer but this is one of those things that will help the consumer who has a legitimate problem and not hurt Ford at all.
It seems many of these vehicles are leased and I doubt a second hand user would get any benefit from the class action.
Unfortunately there are no magic words to convince Ford to replace your HVB. I do agree that overheating the HVB is a likely cause to reduce the HVB capacity as that has been my experience as well. The steps I have taken to date are to document the concern with Ford service in their system when I take the car in for other work. Their first argument will be that some capacity loss over time is to be expected. The will not quantify any specific amount.
Your best bet is to document the HVB capacity losses over time. Even if you show them kWh losses they will not consider it a problem it you can still get over 20 miles range. Once you have a large enough kWh loss and are consistently getting range of less than 20 miles you might be able to begin making a case that the battery should be replaced.
These are just my ideas and the method I am using to document my own experience with the HVB. My HVB capacity is now about 4kWh in EV and I still can get around 20 miles range under good conditions. If I had to guess, any HVB capacity over 3.5kWh will be a tough sell to Ford for HVB replacement.
I am also taking steps to limit any additional heat damage to the HVB by activity monitoring the HVB temperature using a ScanGauge. I limit EV driving any time the HVB gets to 102ºf and I start limiting charging any time the outside temperature exceeds 85ºf. This help prevent any HVB capacity loss after the hot summer of 2016. All of my losses happened after a hot summer in 2015.
Hope that helps.
Edited by David Burnett, 22 March 2017 - 03:16 PM.