Hmm. Owners who failed to tick the Track Pack option sue because their Tech Pack cars go into limp mode on track. At least they can listen to a killer radio while they limp along the track.
Maybe that "logic" would have merit if Ford would have warned buyers that the non-Track Pack cars were virtually incapable of track time. Their hype was anything but - and I suppose this is the core of the lawsuit so it is difficult to predict who will prevail. Almost all HPDE venues across the nation are comprised of ~30 minute sessions and only longer when you start talking about more expensive/exclusive private events. The fact that non-track pack equipped cars can sustain track speeds far less than 30 minutes is a real head-scratcher. If you are in the habit of attending these venues (as I am), you will see all kinds of make/models in these HPDE sessions and it is an embarrassment that the GT350 has to limp off the track. It doesn't do a lot for the brand image - that's for sure.
Complicating matters, it is not as simple as "adding coolers" to the tech-pack cars. The transmissions are different. "Conventional" trans cooling methods (extracting the oil through the drain, running it through a heat exchanger, and pushing it back in the fill port) don't work as the drain and fill ports are virtually on top of each other. "Fixing" the GT350 is invasive and expensive.
Finally - I think it is really true to say that the tech-pack cars have really suffered an image issue due to this widely publicized "problem", and they are definitely fetching a lower price/mark-up than the track-pack cars.
But perhaps the most telling is that Ford "fixed" the deficiency in 2017 - equipping ALL trim levels with the same drivetrain coolers.... and many owners are arguing that this should have been the approach in 2016 as well.