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1. | What are these lawsuits about? |
Each lawsuit claims that the Defendants in that lawsuit agreed to unlawfully raise the price of a certain kind of vehicle component part. (For example, one lawsuit is called In re: Radiators, and the affected product is radiators.) As a result of the alleged agreements by Defendants, consumers and businesses who purchased or leased qualifying new vehicles (not for resale) containing those parts or who indirectly purchased qualifying replacement parts (not for resale) from the Defendants may have paid more than they should have. Although the Settling Defendants have agreed to settle, they do not agree that they engaged in any wrongdoing or are liable or owe any money or benefits to Plaintiffs. The Court has not decided who is right.
2. | Who are the Round 4 Settling Defendants? |
The Round 4 Settling Defendants are:
[1] Previously, Panasonic settled lawsuits related to HID Ballasts, Switches, and Steering Angle Sensors.
[2] Previously, Tokai Rika settled lawsuits related to Wire Harnesses.
3. | Have There Been Any Other Settlements Related To This Lawsuit? |
Yes. The following companies previously agreed to the Round 1 Settlements in the lawsuits:
The following companies previously agreed to the Round 2 Settlements in the lawsuits:
The following companies previously agreed to the Round 3 Settlements in the lawsuits:
The Court has given final approval to the Round 1 Settlements. See Amended Opinion and Order Granting Final Approval to the Round 1 Settlements (August 9, 2016) (available on the Court Documents tab, in the “Final Approval” section).
The Court has also given final approval to the Round 2 Settlements. See Order Granting Final Approval to the Round 2 Settlements (July 10, 2017) (available on the Court Documents tab, in the “Final Approval” section).
The Court has given final approval to the Round 3 Settlements. See Order Granting Final Approval to the Round 3 Settlements (November 7, 2018) (available on the Court Documents tab, in the “Final Approval” section).
4. | Who are the Non-Settling Defendants? |
The only Non-Settling Defendants remaining are Bosal USA, Inc. and Bosal Industries-Georgia, Inc. (together “Bosal”) with respect to the sale of Exhaust Systems.
5. | What Vehicle Parts are included? |
The Settlements generally include the vehicle component parts listed below. The specific definitions of the vehicle component parts are available in each Settlement Agreement. Each of those Settlement Agreements, and the related Complaints, are accessible on the Court Documents page.
You may also select from this drop down for further information on an individual part:
6. | Why are these Class Actions? |
In class actions, one or more individuals or companies called the “class representatives” sue on behalf of themselves and other people with similar claims in the specific class action. All of these individuals or companies together are the “Class” or “Class members.” In these class actions, there are more than fifty class representatives. In a class action, one court may resolve the issues for all class members, except for those who exclude themselves from the class.
7. | How do I know if I may be included in the Classes? |
Generally, you may be included in one or more of the Settlement Classes if, at any time from 1990 to 2019, you: (1) bought or leased a qualifying new vehicle in the U.S. (not for resale), or (2) paid to replace one or more of the qualifying vehicle parts listed in Question 5 above (not for resale). In general, qualifying vehicles include new four-wheeled passenger automobiles, vans, sports utility vehicles, crossovers, and pickup trucks.
The specific definition of the vehicles, as well as the definition of who is included in the Settlement Classes, is set forth in each Settlement Agreement. Each of those Settlement Agreements, and the related Complaints, are accessible on the Court Documents page.
You will also be able to obtain additional information to learn whether you are a member of one or more of the Round 1, Round 2, Round 3, or Round 4 Settlement Classes by referencing the eligible vehicles listed in the “List of Vehicles Included in the Settlements” tab on the home page, calling 1-877-940-5043, or sending an email to info@AutoPartsClass.com.
A separate Settlement Class has been approved (for the Round 1, Round 2, and Round 3 Settlements) or preliminarily approved (for Round 4 Settlements) by the Court in each of the following cases settled by the Settling Defendants and their affiliates. The time period covered by the Settlements for each of the Settlement Classes is provided below:
Round 1 Settling Defendants
Defendant | Time Period Starts | Time Period Ends | Auto Part(s) Cases |
---|---|---|---|
Autoliv | January 1, 2003 | May 30, 2014 | Occupant Safety Restraint Systems |
Fujikura | January 1, 1999 | August 24, 2015 | Wire Harness |
HIAMS | January 1, 2000 | March 26, 2015 |
Alternators Starters Ignition Coils Motor Generators Inverters Fuel Injection Systems Valve Timing Control Devices Air Flow Meters Electronic Throttle Bodies |
KL Sales | January 1, 2000 | May 5, 2014 | Wire Harness |
Lear | January 1, 2000 | May 5, 2014 | Wire Harness |
Nippon Seiki | December 1, 2002 | January 26, 2016 | Instrument Panel Clusters |
Panasonic | July 1, 1998 | February 25, 2015 | HID Ballasts |
January 1, 2000 | February 25, 2015 | Switches | |
September 1, 2000 | February 25, 2015 | Steering Angle Sensors | |
T.RAD | November 1, 2002 | August 12, 2015 | ATF Warmers |
February 1, 2001 | August 12, 2015 | Radiators | |
TRW | January 1, 2003 | September 17, 2014 | Occupant Safety Restraint Systems |
Sumitomo | January 1, 1999 | September 15, 2015 | Wire Harness Heater Control Panels |
Yazaki | January 1, 1999 | September 15, 2014 | Wire Harness Instrument Panel Clusters Fuel Senders |
Round 2 Settling Defendants
Defendant | Time Period Starts | Time Period Ends | Auto Part(s) |
---|---|---|---|
Aisin Seiki | January 1, 2000 | August 25, 2016 | Valve Timing Control Devices |
DENSO | January 1, 1998 | July 14, 2016 |
Wire Harness Instrument Panel Clusters Fuel Senders Heater Control Panels Alternators Windshield Wiper Systems Radiators Starters Ignition Coils Motor Generators HID Ballasts Inverters Fan Motors Fuel Injection Systems Power Window Motors Automatic Transmission Fluid Warmers Valve Timing Control Devices Air Conditioning Systems Windshield Washer Systems Spark Plugs Ceramic Substrates |
Furukawa | January 1, 1998 | August 5, 2016 | Wire Harness |
G.S. Electech | January 1, 1999 | August 29, 2016 | Wire Harness |
LEONI | January 1, 1999 | June 28, 2016 | Wire Harness |
MELCO | July 1, 1998 | March 30, 2016 |
Wire Harness Alternators Starters Ignition Coils Fuel Injection Systems Valve Timing Control Devices HID Ballasts Electronic Powered Steering Assemblies |
NSK | January 1, 2000 January 1, 2005 |
July 21, 2016 July 21, 2016 |
Bearings Electronic Powered Steering Assemblies |
Omron | January 1, 2003 | August 10, 2016 | Power Window Switches |
Schaeffler | January 1, 2000 | August 10, 2016 | Bearings |
Sumitomo Riko | March 1, 1996 May 1, 2003 |
July 30, 2016 July 30, 2016 |
Anti-Vibrational Rubber Parts Automotive Hoses |
Tokai Rika | January 1, 1999 | August 2, 2016 | Wire Harness |
Valeo | May 1, 1999 | July 26, 2016 | Air Conditioning Systems |
Round 3 Settling Defendants
Defendant | Time Period Starts | Time Period Ends | Auto Part(s) |
---|---|---|---|
Aisan | January 1, 2000 | December 19, 2016 | Fuel Injection Systems |
ALPHA | January 1, 2002 | January 11, 2018 | Access Mechanisms |
Alps | January 1, 2000 | March 30, 2017 | Heater Control Panels |
Bosch | January 1, 2000 | July 27, 2017 | Windshield Wiper Systems Starters Fuel Injection Systems Spark Plugs |
Bridgestone | March 1, 1996 | September 25, 2017 | Anti-Vibrational Rubber Parts |
Calsonic | February 1, 2001 | January 30, 2018 | Radiators |
November 1, 2001 | January 30, 2018 | ATF Warmers and Oil Coolers | |
May 1, 1999 | January 30, 2018 | Air Conditioning Systems | |
Chiyoda | January 1, 1999 | January 4, 2017 | Wire Harness Systems |
Continental | January 1, 2001 | January 18, 2018 | Instrument Panel Clusters |
Diamond Electric | January 1, 2000 | June 8, 2017 | Ignition Coils |
Eberspächer | January 1, 2002 | September 11, 2017 | Exhaust Systems |
Faurecia | January 1, 2002 | November 15, 2017 | Exhaust Systems |
HIAMS | January 1, 1995 | September 18, 2017 | Shock Absorbers |
Hitachi Metals | February 1, 2004 | February 8, 2017 | Automotive Brake Hoses |
INOAC | June 1, 2004 | January 30, 2017 | Interior Trim Products |
JTEKT | January 1, 2000 | October 6, 2016 | Automotive Bearings |
January 1, 2005 | October 6, 2016 | Electric Powered Steering Assemblies | |
Kiekert | January 1, 2004 | September 22, 2017 | Side Door Latches |
KOITO | June 1, 1997 | May 26, 2017 | Automotive Lamps |
July 1, 1998 | May 26, 2017 | HID Ballasts | |
MAHLE Behr | May 1, 1999 | December 11, 2017 | Air Conditioning Systems |
MITSUBA | January 1, 2000 | August 9, 2017 | Windshield Wiper Systems Starters Fan Motors Fuel Injection Systems Power Window Motors Windshield Washer Systems |
February 1, 2001 | August 9, 2017 | Radiators | |
June 1, 1997 | August 9, 2017 | Automotive Lamps | |
January 1, 2005 | August 9, 2017 | Electric Powered Steering Assemblies | |
Nachi | January 1, 2000 | July 24, 2017 | Automotive Bearings |
NGK Insulators | July 1, 1999 | October 16, 2017 | Ceramic Substrates |
NGK Spark Plugs | January 1, 2000 | December 21, 2017 | Spark Plugs |
Nishikawa | January 1, 2000 | November 15, 2017 | Body Sealings |
NTN | January 1, 2000 | November 16, 2016 | Automotive Bearings |
Sanden | January 1, 2002 | February 12, 2018 | Access Mechanisms |
SKF | January 1, 2000 | May 8, 2017 | Automotive Bearings |
Stanley | June 1, 1997 | March 8, 2018 | Automotive Lamps |
July 1, 1998 | March 8, 2018 | HID Ballasts | |
Tenneco | January 1, 2002 | February 13, 2018 | Exhaust Systems |
Toyo | March 1, 1996 | September 14, 2017 | Anti-Vibrational Rubber Part |
January 1, 2006 | September 14, 2017 | Automotive Constant-Velocity-Joint Boot Products | |
Usui | December 1, 2003 | December 20, 2017 | Automotive Steel Tubes |
VALEO | January 1, 2002 | January 5, 2018 | Access Mechanisms |
Yamada | January 1, 2005 | November 28, 2016 | Electric Powered Steering Assemblies |
YAMASHITA | March 1, 1996 | September 27, 2016 | Anti-Vibrational Rubber Parts |
Round 4 Settling Defendants
Defendant | Time Period Starts | Time Period Ends | Auto Part(s) |
---|---|---|---|
Brose | January 1, 2004 | June 14, 2018 | Side-Door Latches |
Corning | January 1, 1990 | January 11, 2018 | Ceramic Substrates |
Delphi | January 1, 2000 | June 21, 2019 | Ignition Coils |
Green Tokai | January 1, 2000 | September 6, 2018 | Body Sealing Products |
Keihin | January 1, 2000 | May 22, 2018 | Fuel Injection Systems |
KYB | January 1, 1995 | November 6, 2018 | Shock Absorbers |
Maruyasu | January 1, 2000 | October 15, 2018 | Fuel Injection Systems |
December 1, 2003 | October 15, 2018 | Automotive Steel Tubes | |
Meritor | January 1, 2002 | June 5, 2018 | Exhaust Systems |
Mikuni | January 1, 2000 | June 18, 2019 | Fuel Injection Systems Valve Timing Control Devices |
Mitsubishi | May 1, 1999 | June 15, 2018 | Air Conditioning Systems |
Panasonic | May 1, 1999 | March 11, 2019 | Air Conditioning Systems |
Sanoh | December 1, 2003 | April 10, 2019 | Automotive Steel Tubes |
Showa | January 1, 2005 | July 10, 2019 | Electronic Powered Steering Assemblies |
January 1, 1995 | July 10, 2019 | Shock Absorbers | |
TKH | January 1, 2003 | November 27, 2018 | Occupant Safety Systems |
Tokai Rika | January 1, 2000 | March 23, 2018 | Heater Control Panels |
January 1, 2003 | March 23, 2018 | Occupant Safety Systems | |
September 1, 2003 | March 23, 2018 | Steering Angle Sensors | |
September 1, 2003 | March 23, 2018 | Switches | |
Toyo Denso | January 1, 2000 | April 30, 2018 | Ignition Coils |
January 1, 2003 | April 30, 2018 | Power Window Switches | |
Toyoda Gosei | February 1, 2004 | July 20, 2018 | Automotive Brake Hoses |
May 1, 2003 | July 20, 2018 | Automotive Hoses | |
January 1, 2000 | July 20, 2018 | Body Sealing Products | |
January 1, 2006 | July 20, 2018 | Automotive Constant-Velocity-Joint Boot Products | |
June 1, 2004 | July 20, 2018 | Interior Trim Products | |
January 1, 2003 | July 20, 2018 | Occupant Safety Systems |
Payments to members of the Settlement Classes only will be made if the Court approves the Round 4 Settlements and after any appeals from such approval are resolved and in accordance with the proposed revised Plan of Allocation to distribute the Net Settlement Funds (see Question 12).
These cases are proceeding as class actions seeking monetary recovery for consumers and businesses in 30 states and the District of Columbia and for nationwide injunctive relief to stop the Defendants’ alleged illegal behavior and prevent this behavior from happening in the future (see Question 14).
Purchasers or lessees of qualifying new vehicles or indirect purchasers of any of the replacement parts listed in Question 5 may be members of the Settlement Classes entitled to monetary recovery. Only those members of the Settlement Classes who, during the relevant time periods listed above, purchased or leased a vehicle or purchased a replacement part while (1) residing or (2) as to businesses, having the principal place of business located, in the District of Columbia or the states listed below will be entitled to share in the monetary recovery. Those states are: Arizona, Arkansas, California, Florida, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin. You may have seen a prior notice that indicated that members of the Settlement Classes may be entitled to monetary recovery if the purchase or lease transaction occurred in the District of Columbia or one of the listed states. Please note that the prior information as to the place of the purchase or lease transaction is superseded by this notice.
8. | Who is not included in the Settlement Classes? |
The Settlement Classes do not include:
9. | Why are the lawsuits continuing if there are Settlements? |
Settlements have been reached with the Settling Defendants as specified in the individual Settlement Agreements. The lawsuits will continue against the remaining Defendants who have not settled (“Non-Settling Defendants”).
Additional money may become available in the future as a result of a trial or future Settlements. Alternatively, the litigation may be resolved in favor of the Non-Settling Defendants, and no additional money may become available. There is no guarantee as to what will happen.
Please file a claim to be notified about any future Settlements.
10. | What do the Settlements provide? |
The Round 4 Settlements totaling approximately $184 million are now being presented to the Court for approval. The Court has already approved the Round 1 Settlements, totaling approximately $225 million; the Round 2 Settlements, totaling approximately $379 million; and the Round 3 Settlements, totaling approximately $433 million. Together, the Round 1 through 4 Settlement Funds total approximately $1.2 billion. After deduction of attorneys’ fees, incentive awards, notice and claims administration costs, and litigation expenses, as approved by the Court, the Net Settlement Funds will be available for distribution to members of the Settlement Classes who timely file valid claims.
The Settlements also include non-monetary relief (see Question 14), including cooperation (with the exception of TKH and Delphi with respect to the Round 4 Settlements), as well as, agreements by these Settling Defendants (the exception of Eberspächer, Hitachi Metals, MAHLE Behr, NGK Spark Plugs, NTN, with respect to the Round 3 Settlements, and Toyoda Gosei and TKH with respect to the Round 4 Settlements) not to engage in the conduct that is the subject of the lawsuits, as more fully described in the proposed Final Judgments located on the Court Documents page.
The Settlement Funds are allocated to the relevant vehicle component cases as follows:
Auto Parts Round 1 Settlements and Settlement Funds
Automotive Parts Case | Settling Defendant | Settlement Fund |
---|---|---|
Air Flow Meters | HIAMS | $5,047,920 |
Alternators | HIAMS | $6,216,420 |
ATF Warmers | T.RAD | $741,000 |
Automotive Wire Harness Systems |
Lear KL Sales Fujikura Sumitomo Yazaki |
$3,040,000 $228,000 $7,144,000 $35,817,220 $73,267,000 |
Electronic Throttle Bodies | HIAMS | $6,870,780 |
Fuel Injection Systems | HIAMS | $8,693,640 |
Fuel Senders | Yazaki | $58,000 |
Heater Control Panels | Sumitomo | $2,182,780 |
HID Ballasts | Panasonic | $5,510,596 |
Ignition Coils | HIAMS | $7,431,660 |
Instrument Panel Clusters |
Nippon Seiki Yazaki |
$4,560,000 $2,675,000 |
Inverters | HIAMS | $2,337,000 |
Motor Generators | HIAMS | $2,337,000 |
Occupant Safety Systems |
TRW Autoliv |
$5,446,350 $19,000,000 |
Radiators | T.RAD | $6,669,000 |
Starters | HIAMS | $3,832,680 |
Steering Angle Sensors | Panasonic | $6,293,229 |
Switches | Panasonic | $5,296,175 |
Valve Timing Control Devices | HIAMS | $3,972,900 |
Total | $224,668,350 |
Auto Parts Round 2 Settlements and Settlement Funds
Automotive Parts Case | Settling Defendant | Settlement Fund |
---|---|---|
Air Conditioning Systems |
DENSO Valeo |
$21,836,133 $6,650,000 |
Alternators |
DENSO MELCO |
$50,449,261 $17,129,946.08 |
Anti-Vibrational Rubber Parts | Sumitomo Riko | $10,283,916.10 |
ATF Warmers | DENSO | $1,662,943 |
Automotive Bearings |
NSK Schaeffler |
$22,420,000 $7,600,000 |
Automotive Hoses | Sumitomo Riko | $1,116,083.90 |
Automotive Wire Harness Systems |
DENSO LEONI Tokai Rika G.S. Electech Furukawa MELCO |
$14,531,801 $1,482,000 $760,000 $3,040,000 $42,560,000 $3,211,463.34 |
Ceramic Substrates | DENSO | $1,531,138 |
Electric Powered Steering Assemblies |
MELCO NSK |
$3,211,463.34 $3,800,000 |
Fan Motors | DENSO | $142,120 |
Fuel Injection Systems |
DENSO MELCO |
$19,392,650 $3,211,463.34 |
Fuel Senders | DENSO | $187,823 |
Heater Control Panels | DENSO | $14,676,679 |
HID Ballasts |
DENSO MELCO |
$1,424,803 $3,211,463.34 |
Ignition Coils |
DENSO MELCO |
$16,746,824 $14,567,197.98 |
Instrument Panel Clusters | DENSO | $7,525,762 |
Inverters | DENSO | $142,120 |
Motor Generators | DENSO | $142,120 |
Power Window Motors | DENSO | $142,120 |
Power Window Switches | Omron | $3,040,000 |
Radiators | DENSO | $15,760,989 |
Spark Plugs | DENSO | $9,760,366 |
Starters |
DENSO MELCO |
$9,709,228 $16,474,807.24 |
Valve Timing Control Devices |
DENSO Aisin Seiki MELCO |
$4,362,039 $18,620,000 $3,211,463.34 |
Windshield Washer Systems | DENSO | $362,978 |
Windshield Wipers | DENSO | $3,310,103 |
Total | $379,401,268 |
Auto Parts Round 3 Settlements and Settlement Funds
Automotive Parts Case | Settling Defendant | Settlement Fund |
---|---|---|
Access Mechanisms |
ALPHA Valeo |
$2,698,000 $760,000 |
Air Conditioning Systems |
MAHLE Behr Calsonic Sanden |
$1,482,000 $5,153,860 $7,600,000 |
Anti-Vibrational Rubber Parts |
Bridgestone Toyo Yamashita |
$29,640,000 $34,343,309 $6,080,000 |
Automatic Transmission Fluid Warmers | Calsonic | $380,366 |
Automotive Bearings |
JTEKT Nachi NTN SKF |
$43,418,819 $3,230,000 $6,574,000 $7,600,000 |
Automotive Brake Hoses | Hitachi Metals | $1,140,000 |
Automotive Constant-Velocity-Joint Boot Products | Toyo | $1,756,691 |
Automotive Lamps |
Koito MITSUBA Stanley |
$21,654,653 $241,876 $12,316,880 |
Automotive Steel Tubes | Usui | $5,320,000 |
Body Sealings | Nishikawa | $37,620,000 |
Ceramic Substrates | NGK Insulators | $12,160,000 |
Electric Powered Steering Assemblies |
JTEKT MITSUBA Yamada |
$4,081,181 $169,313 $2,356,000 |
Exhaust Systems |
Eberspächer Faurecia Tenneco |
$1,368,000 $1,482,000 $17,480,000 |
Fan Motors | MITSUBA | $3,664,422 |
Fuel Injection Systems |
Aisan Bosch MITSUBA |
$4,560,000 $2,892,560 $1,378,693 |
Heater Control Panels | Alps |
$3,230,000 $1,335,346 |
HID Ballasts |
Koito Stanley |
$2,883,120 |
Ignition Coils | Diamond Electric | $5,396,000 |
Instrument Panel Clusters | Continental | $3,800,000 |
Interior Trim Products | INOAC | $2,470,000 |
Power Window Motors | MITSUBA | $19,180,770 |
Radiators |
MITSUBA Calsonic |
$3,664,422 $5,587,612 |
Shock Absorbers | HIAMS | $13,300,000 |
Side Door Latches | Kiekert | $2,280,000 |
Spark Plugs |
Bosch NGK Spark Plugs |
$28,999,168 $12,730,000 |
Starters |
Bosch MITSUBA |
$1,039,984 $9,457,353 |
Windshield Washer Systems | MITSUBA | $1,548,006 |
Windshield Wiper Systems |
Bosch MITSUBA |
$508,288 $32,895,142 |
Wire Harness | Chiyoda | $1,915,200 |
Total | $432,823,040 |
Auto Parts Round 4 Settlements and Settlement Funds
Automotive Parts Case | Round 4 Settling Defendant | Settlement Fund |
---|---|---|
Air Conditioning Systems | Mitsubishi Heavy Panasonic |
$6,840,000.00 $760,000.00 |
Automotive Brake Hoses | Toyoda Gosei | $659,456.20 |
Automotive Hoses | Toyoda Gosei | $5,428,166.52 |
Body Sealing Products | Green Tokai Toyoda Gosei |
$950,000.00 $27,148,653.36 |
Ceramic Substrates | Corning | $26,600,000.00 |
Automotive Constant-Velocity-Joint Boot Products | Toyoda Gosei | $716,505.10 |
Electronic Powered Steering Assemblies | Showa | $4,133,735.39 |
Exhaust Systems | ArvinMeritor | $760,000.00 |
Fuel Injection Systems | Keihin Maruyasu Mikuni |
$836,000.00 $108,699.85 $2,675,200.00 |
Heater Control Panels | Tokai Rika | $1,366,578.08 |
Ignition Coils | Delphi Toyo Denso |
$760,000.00 $760,000.00 |
Interior Trim Products | Toyoda Gosei | $5,089,493.68 |
Side-Door Latches | Brose | $2,280,000.00 |
Occupant Safety Systems | TKH Tokai Rika Toyoda Gosei |
$53,200,000.00* $28,745,447.27 $5,797,725.14 |
Power Window Switches | Toyo Denso | $4,408,000.00 |
Shock Absorbers | KYB Showa |
$28,880,000.00 $9,926,264.61 |
Automotive Steel Tubes | Maruyasu Sanoh |
$5,211,300.15 $8,360,000.00 |
Steering Angle Sensors | Tokai Rika | $677,714.01 |
Switches | Tokai Rika | $3,410,260.64 |
Valve Timing Control Devices | Mikuni | $668,800.00 |
Total (excluding TKH) | $183,958,000.00 |
*Class Members have a $53,200,000 authorized claim against TKH in bankruptcy proceeding, but they can expect to receive only a small fraction of this amount for distribution to the Class. For this reason, the authorized claim amount is not included in the Round 4 total settlement amount listed above. The Class representatives have also reached a settlement with Takata Corp. in Japanese insolvency proceedings. The settlement provides for a payment of 25,000,000 Japanese Yen (equivalent to approximately $220,000). This settlement as a formal matter is with the Class representatives only, but the proceeds of the settlement will be paid to the same group of purchasers included in the Settlement Class agreed to based on the settlement agreement with Takata Corp.’s U.S. subsidiary, TKH.
Any interest earned will be added to each of the Settlement Funds. More details about the Settlements are provided in the Settlement Agreements, available on the Court Documents page of this website.
11. | How do I Submit a Claim? |
You may be entitled to a portion of the Settlement Funds when a distribution is made to members of the Settlement Classes. If you excluded or exclude yourself from any of the Settlement Classes in the Round 1 through Round 4 Settlements, you will not receive a payment from those funds.
However, you will be required to submit a Claim Form to be eligible to receive a payment from any of the Settlement Funds. Claims may be submitted online or by printing and mailing your completed form postmarked by June 18, 2020 to:
Auto Parts Settlements
P.O. Box 10163
Dublin, OH 43017-3163
You may also call 1-877-940-5043, write the Settlement Administrator at the address above, or email info@AutoPartsClass.com to obtain a Claim Form and to request assistance in filing a claim.
If you submit a Claim Form at the Settlement website, you will receive future notifications containing additional important information, including information about any future settlements.
12. | How much money can I get? |
At this time, it is estimated that each member of the Settlement Classes who submits a valid claim will receive a payment of at least $100. The minimum payment is per claimant and not per vehicle. However, the actual amount of your recovery will be determined by the revised Plan of Allocation, which is available on the Court Documents page.
The Court previously approved a Plan of Allocation to distribute the Net Settlement Funds from the earlier settlements. However, Settlement Class Counsel is proposing that the Court approve a revised Plan of Allocation that will apply to all the Settlements from Round 1 through Round 4.
The Settlement Administrator will calculate in accordance with the proposed revised Plan of Allocation the amounts awarded to each Class Member who files a valid claim. Below is a summary of how claims will be paid:
The pro rata portion of the payment amount will be based on a ratio consisting of the claimant’s total number of vehicles purchased or leased or replacement parts purchased, and the total number of vehicles purchased or leased and replacement parts purchased by other claimants. Claims based on vehicles containing automotive parts that were allegedly specifically targeted by Defendants’ alleged collusive conduct will receive more money.
Payments will be based on a number of factors, including at least the number of valid claims filed by all members of the Settlement Class in question and the number of (1) qualifying new vehicles purchased or leased or (2) qualifying replacement parts purchased. It is possible that any money remaining after claims are paid will be distributed to charities, governmental entities, or other beneficiaries approved by the Court. No matter how many claims are filed, no money will be returned to the Settling Defendants after the Court finally approves the Round 4 Settlements.
In order to receive a payment from any of the Settlements (Round 1 through Round 4), you will need to file a valid Claim Form (see Question 11). If you already submitted a Claim Form, you do not need to file another claim for that specific vehicle or replacement part. However, if you purchased additional vehicles or replacement parts, which were not mentioned in your previous Claim Form, you should file a new Claim Form for the additional vehicles or replacement parts.
13. | When will I get a payment? |
Payments may be distributed to members of the Settlement Classes after: (1) the Court grants final approval to the Round 4 Settlements; (2) any appeals from such approvals are resolved (appeals can take several years to conclude); (3) the claims administration process is completed; and (4) the Court approves the allocation of the Net Settlement Funds.
14. | What is the non-monetary relief? |
With the exception of Round 3 Settling Defendants Eberspächer, Hitachi Metals, MAHLE Behr, NGK Spark Plugs, and NTN and Round 4 Settling Defendants Toyoda Gosei and TKH, the Settling Defendants have agreed not to engage in certain specified conduct that would violate the antitrust laws that are at issue in these lawsuits for a period of two years. Additionally, all of the Settling Defendants (except for Round 4 Settling Defendants TKH and Delphi) will cooperate with the Class representatives in their ongoing litigation against the Non-Settling Defendants.
15. | What happens if I remain in the Settlement Classes? |
If the Round 4 Settlements become final, you will give up your right to sue these Settling Defendants on your own for the claims described in the Settlement Agreements unless you exclude yourself from one or more of the Settlement Classes. You also will be bound by any decisions by the Court relating to any Round 4 Settlements from which you did not exclude yourself.
In return for paying the Settlement amounts and providing the non-monetary benefits, the Round 4 Settling Defendants (and certain related entities defined in the Settlement Agreements) will be released from claims relating to the alleged conduct involving the vehicle parts identified in the Settlement Agreements. The Round 4 Settlement Agreements describe the released claims in detail, so read them carefully since those releases will be binding on you if the Court approves these Settlements. If you have any questions, you can talk to Class Counsel listed in Question 19 for free, or you can, of course, talk to your own lawyer (at your own expense). The Settlement Agreements and the specific releases are available on the Court Documents page.
16. | How do I get out of the Settlement Classes? |
The deadline to request exclusion from the Round 4 Settlements has passed. If your request was not received by or on November 19, 2019, you can no longer request to be excluded.
17. | If I did not exclude myself, can I sue for the same thing later? |
No. Unless you excluded yourself, you will give up any right to sue the Round 4 Settling Defendants for the claims being released in this litigation.
18. | If I excluded myself, can I still get money benefits? |
No. If you excluded yourself from the Settlement Classes in any of the Round 4 Settlements, you will not get any money as a result of the Settlement in that case. However, if you excluded yourself from one or more of the Settlement Classes for any of the Round 4 Settlements but remained in the Settlement Classes for other Round 4 Settlements, you may receive money from the Round 4 Settlements for the Settlement Classes in which you remain a Class member.
19. | Do I have a lawyer representing me? |
The Court has appointed the following law firms as Settlement Class Counsel to represent you and all other members of the Classes:
Adam Zapala Cotchett, Pitre, & McCarthy LLP San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 |
Hollis Salzman Robins Kaplan LLP 399 Park Avenue Suite 3600 New York, NY 10022 |
Marc M. Seltzer Susman Godfrey L.L.P. 1900 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 |
You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
20. | How will the lawyers be paid? |
At the upcoming Final Fairness Hearing, Class Counsel may ask the Court (a) to award incentive awards to named Plaintiffs, (b) to reimburse Class Counsel for certain costs and expenses, and (c) for attorneys’ fees based on their services in this litigation, not to exceed 22% of the approximately $184 million in additional Settlement Funds resulting from the Round 4 Settlements after deducting reimbursable litigation costs, incentive awards, and expenses. Any payment to the attorneys will be subject to Court approval, and the Court may award less than the requested amount. The attorneys’ fees, costs, incentive awards, and litigation expenses that the Court orders, plus the costs to administer the Round 4 Settlements, will come out of the Settlement Funds. Class Counsel may seek additional attorneys’ fees, costs, and expenses from any additional Settlements or recoveries obtained in the future.
Class Counsel’s motion for fees, costs, and expenses is available on the Court Documents tab, in the “Fees and Costs” section.
21. | How do I object to or comment on the Round 4 Settlements? |
The deadline to object to (a) one or more of the Round 4 Settlements, (b) the revised Plan of Allocation as it applies to members of any of the Settlement Classes (in Rounds 1 through 4), or (c) the motion by Class Counsel for attorney’s fees and incentive awards as it applies to members of the Round 4 Settlement Classes has passed. If your objection or comment letter was not received by or on November 19, 2019, you can no longer object.
You will not have an opportunity to speak at the Court’s hearing unless you submitted a complete, valid, and timey written objection and requested the opportunity to speak at the Fairness Hearing.
22. | What is the difference between excluding myself from the Settlement Classes and objecting to the Round 3 Settlements? |
If you excluded yourself from one or more of the Round 4 Settlement Classes, you told the Court that you did not want to participate in the Round 4 Settlement(s) from which you excluded yourself. Therefore, you are not eligible to receive any payment from those Round 4 Settlement(s), and you will not be able to object to them. Objecting to a Round 4 Settlement simply means telling the Court that you did not like something about the Settlement. Objecting does not make you ineligible to receive a payment.
The Court will hold a hearing to decide whether to approve the Plan of Allocation, Round 4 Settlements and any requests by Settlement Class Counsel for fees, costs, expenses, and Class representative incentive awards. You may attend , but you do not have to do so. The Court may hold another hearing on the Plan of Allocation without additional notice, so check this website or call 1-877-940-5043 for current information.
23. | Do I have to attend the hearing? |
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend at your expense. If you send an objection or comment, you do not have to come to Court to talk about it. As long as you mailed your complete and valid written objection on time, as described above in Question 21, the Court will consider it. You may also hire your own lawyer at your own expense to attend on your behalf, but you are not required to do so.
24. | May I speak at the hearing? |
If you send an objection or comment on the Round 4 Settlements, revised Plan of Allocation, or motion for attorney’s fees, costs, and incentive awards, as described in Question 21, you may have the right to speak at the Final Fairness Hearing as determined by the Court. You cannot speak at the hearing if you do not submit a timely written objection or comment as described in Question 21. You cannot speak at the hearing if you exclude yourself from that specific Settlement Class.
25. | When and where will the trials against the Non-Settling Defendants take place? |
If the remaining case is not dismissed or settled, the Plaintiffs will have to prove their claims against the Non-Settling Defendants at trial. Trial dates and locations have not yet been set.
At the trial, a decision will be reached about whether the Plaintiffs or the Non-Settling Defendants are right about the claims in the lawsuits. There is no guarantee that the Plaintiffs will win any money or other benefits for Class members at trial.
26. | What are the Plaintiffs asking for from the Non-Settling Defendants? |
The Class representatives are asking for money for members of the Settlement Classes in the District of Columbia and 30 states listed in Question 7 above from Non-Settling Defendants. The Class representatives are also seeking a nationwide court order to prohibit the Non-Settling Defendants from engaging in the alleged behavior that is the subject of the lawsuits.
27. | Will I get money after the trials? |
If the Plaintiffs obtain money or benefits as a result of a trial or settlement with the Non-Settling Defendants, then members of the classes in question will be notified about how to ask for a share or what their other options are at that time. With the approval of the Court, notice of any subsequent settlements and related matters may be given only on the website. These things are not known right now.
28. | How do I get more information? |
This Notice summarizes the Round 4 Settlements. More details are in the Round 4 Settlement Agreements. You can get copies of the Settlement Agreements and more information about the Settlements on the Court Documents page of this website. In addition, the full proposed revised Plan of Allocation is available here. You also may write with questions to Auto Parts Settlements, P.O. Box 10163, Dublin, OH 43017-3163, send an email to info@AutoPartsClass.com, or call the toll-free number, 1-877-940-5043. If you file a claim, you will be notified of any future settlements and other information concerning these cases.