Answer:

In a class action, one or more people called “class representatives” sue on behalf of people who may have similar claims. One court resolves the issues for all class members, except for class members who exclude themselves from the class.

Answer:

In this litigation, Named Plaintiffs Kevin Davitt, Scott Carter, and Mark Tudyk allege that a part on model year 2007, 2008, and certain 2009 Honda CR-Vs called a “door lock actuator” was defectively designed and that as a result, the power door locks on these CR-Vs may not have worked as intended.

Honda expressly denies the allegations in the litigation, denies that it has engaged in any wrongdoing, and specifically denies the claims described above and asserted in the litigation. You can read all of Plaintiffs’ allegations in Plaintiffs’ First Amended Compliant available here on the settlement website.

Answer:

The parties on both sides, despite believing in their positions, decided that a settlement was better than the uncertainty and expense of litigation. The class representatives and their attorneys believe the settlement is best for all settlement class members.

Answer:

The settlement is “proposed” at this point because it has been preliminarily approved by the Court and will be the subject of a later court hearing called a “Fairness Hearing,” which is currently scheduled to be held on May 7, 2015 at 10:00 a.m. in Courtroom MLK 2A of the United States District Court for the District of New Jersey, located at: Martin Luther King Building & U.S. Courthouse 50 Walnut Street, Newark, New Jersey 07101. At that hearing, or soon thereafter, the Court will make a final decision about whether the settlement is fair and reasonable and whether it should be approved.

Answer:

You are a settlement class member if you are a resident of the United States, Puerto Rico, the U.S. Virgin Islands, or Guam and you currently own or lease, or previously owned or leased, (1) a Honda CR-V, model years 2007-2008, (2) a Two-Wheel Drive Honda CR-V, model year 2009, with a VIN in one of the following ranges: JHLxxxxxxxx000001–JHLxxxxxxxxx007343; 5J6xxxxxxxx000001–5J6xxxxxxxx003420; or 3CZxxxxxxxx700001–3CZxxxxxxxx701680; or (3) an All- Wheel Drive Honda CR-V, model year 2009, with a VIN in one of the following ranges: JHLxxxxxxxxx000001–JHLxxxxxxxxx007327;5J6xxxxxxxx000001– 5J6xxxxxxxx007526; or 3CZxxxxxxxx700001-3CZxxxxxxxx700240. You are also a settlement class member if you bought or leased one of these CR-Vs outside the United States while you were serving in the U.S. military. You are not in the class if you work for Honda or one of its affiliated companies or if you are an independent Honda or Acura dealer that currently owns the vehicles.

Answer:

Under the proposed settlement, class members receive three kinds of benefits.

CURRENT OWNERS/LESSEES

The first benefit, provided to all current owners and lessees of the CR-Vs, is a free replacement of the driver’s door lock actuator even if the actuator is functioning properly, as long as the actuator has not already been replaced with the appropriate part. To receive a new door lock actuator, you must take your CR-V to an authorized Honda dealer. For additional details, please see the Product Update included with this Notice.

The second benefit, provided to all current owners and lessees of the CR-Vs (assuming they do not exclude themselves from the settlement) is a warranty extension on the door lock actuators (this includes the front and rear passenger and driver doors but excludes the hatch). The warranty extension lasts (i) three years from the date the original limited car warranty expired, or (ii) until November 7, 2015, whichever is longer. The warranty covers any diagnosis, repair, or replacement of a door lock actuator (excluding the hatchback lock actuator) performed by a Honda dealer. The warranty extension does not apply to repairs that result from accidents or misuse. Under the extended warranty, Honda will provide door lock actuator repairs without charge at an authorized Honda dealer at any time between the mailing of this Notice and the expiration of the extended warranty.

CURRENT AND FORMER OWNERS/LESSEES

The third benefit, provided to both current and former owners and lessees of the CR-Vs who do not exclude themselves from the settlement, is reimbursement for out- of-pocket expenses for door lock actuator repairs. If you paid to replace a door lock actuator on your CR-V as a result of power door lock actuator failure (not because of an accident), you may submit a claim for reimbursement. If a portion of your out-of- pocket expenses for the repair has been reimbursed by Honda or by a third party, only the amount not reimbursed will be deemed an out-of-pocket expense. To be eligible for reimbursement, you must provide original proof of payment and submit a valid Claim Form before July 6, 2015 .

Answer:

To receive reimbursement, you must:

1. Fill out the Claim Form in its entirety;
2. Sign and date the Claim Form;
3. Enclose, along with the Claim Form, an original receipt (or other supporting documentation) for the door lock actuator repair. Your documentation must show: (a) the date and mileage at which the repair was made; and (b) the amount you paid for the repair; and
4. Mail the Claim Form to the address indicated by the deadline. Your Claim Form must be postmarked no later than July 6, 2015.

Answer:

If you are a current owner or lessee of a settlement class vehicle and want a new door lock actuator, you must take your CR-V to an authorized Honda dealer. For additional details, please see the Product Update included with the Notice you received and available here on the settlement website.

If you are a current owner or lessee of a settlement class vehicle, and you do not exclude yourself from the settlement, you will automatically receive a warranty extension on the door lock actuators (this includes the front and rear passenger and driver doors but excludes the hatch). The warranty extension lasts (i) three years from the date the original limited car warranty expired, or (ii) until November 7, 2015, whichever is longer. The warranty covers any diagnosis, repair, or replacement of a door lock actuator (excluding the hatchback lock actuator) performed by a Honda dealer.

If you are a current or former owner or lessee of a settlement class vehicle seeking reimbursement for out of pocket expenses for door lock actuator repair, you must complete a Claim Form in its entirety, sign and date the Claim Form, and mail the Claim Form along with all required support documentation to the address shown on the Claim Form. The Claim Form must be postmarked no later than July 6, 2015. The Claim Form is enclosed with the Notice you received, and you can obtain additional copies to print here on the settlement website.

Answer:

Send your completed, signed and dated Claim Form with all necessary supporting documentation to the Settlement Administrator via U.S. Mail, postage prepaid at the following address:

Settlement Administrator
P.O. Box 2718
Torrance, CA 90509

Your Claim Form must be postmarked no later than July 6, 2015.

Answer:

Once your claim is submitted to the Settlement Administrator, the Administrator will review your Claim Form and let you know of its receipt and of any missing information required to process your claim.

Answer:

No. If you submit a valid exclusion request, you will not receive any benefits of the settlement and you cannot object to the settlement. If you exclude yourself, you should not submit a Claim Form seeking reimbursement. You cannot both exclude yourself and seek any benefits of the settlement.

To exclude yourself from the settlement, you must submit a written request for exclusion that includes (a) your name, address, and phone number; and (b) the approximate date of acquisition and vehicle identification number (VIN) of your CR-V. All requests for exclusion must also contain a signed statement that: “I request that I be excluded from the proposed settlement in Davitt v. American Honda Motor Co., Inc.” All requests for exclusion must be postmarked no later than March 20, 2015, and must be mailed to the Settlement Administrator:

Settlement Administrator
P.O. Box 2722
Torrance, CA 90509

DO NOT REQUEST EXCLUSION IF YOU WANT TO PARTICIPATE IN

THE SETTLEMENT. If you validly request exclusion from the class, you will still be able to receive the driver’s door lock actuator replacement described above, and you may be able to sue based on the issues raised in the lawsuit. You will not be entitled to any of the other settlement benefits, will not be bound by any judgment entered in the lawsuit, and will not be permitted to object to the settlement. If you do not request exclusion from the class, you will be bound by all judgments in the lawsuit in connection with the settlement.

Answer:

Yes. If you remain a settlement class member (that is, if you do not exclude yourself, or opt-out, from the settlement), then you can tell the Court that you like the settlement and it should be approved, or you can object to all or part of the settlement. The Court will consider all comments from settlement class members. Any objection must be in writing and must be filed with the Court and sent to class counsel and Honda’s counsel at the addresses listed below. All objections must be filed with the Court electronically or postmarked on or before March 20, 2015.

If you file an objection, it must include: (1) the title of the case, Davitt v. American Honda Motor Co., Inc., No. 13-cv-00381; (2) your name, address, and phone number; (3) the approximate date when you bought or leased your CR-V and the vehicle identification number (VIN) of your CR-V; (4) a statement that you have reviewed the settlement class definition and that you are a settlement class member; (5) all legal and factual bases for any objection; and (6) copies of any documents you wish to submit to support your objection. In addition, if you object to the settlement, you must provide a list of all other objections submitted by you, or your counsel, to any class action settlements in the United States in the previous five years. If you (or your counsel) have not objected to any other class action settlement in the United States in the previous five years, you must say so in the objection. You may also have to attend a deposition on the issues raised in the objection.

If you intend to appear at the fairness hearing, you must file with the Court and send to all counsel listed below a notice of intention to appear at the hearing by the objection deadline. The notice must include copies of any papers, exhibits, or other evidence that you or your counsel will present to the Court. If you do not provide a timely notice of intention to appear, or if you do not file a timely objection, you may be deemed to have waived any objection to the settlement.

Answer:

No. If you do not timely submit a valid exclusion request, and if the Court finally approves the settlement, you will remain a part of the settlement class and you will not be able to sue AHM for the same legal claims that are released claims.

Answer:

No. In fact, you must remain in the settlement class in order to submit an objection to it. Objecting is simply telling the Court that you do not like something about the proposed settlement. You can object only if you stay in the settlement class. Excluding yourself is telling the Court that you do not want to be part of the settlement class. If you exclude yourself, you have no basis to object because the case no longer affects you.

Answer:

No. Class Counsel has not received any fees or reimbursement for any of their expenses associated with this case, but they will file an application with the Court to ask the Court for a Class Counsel Fees and Expenses Award if the Court approves the settlement. Any fees or expenses that Class Counsel request must be approved by the Court. If the Court approves the settlement, Class Counsel have agreed to request a Class Counsel Fees and Expenses Award totaling no more than $1.4 million, and AHM has agreed not to oppose such request.

Named Plaintiffs Kevin Davitt, Scott Carter, and Mark Tudyk will also ask the Court to approve an Incentive Award not to exceed $1,500 each to compensate them for their time and effort on behalf of the Settlement Class. None of the monies paid to Class Counsel or the Named Plaintiffs will reduce the benefits you receive.

Copies of the applications for the Class Counsel Fees and Expenses Award and the Incentive Award will be posted on this website as soon as they become available.

Answer:

You can now make an appointment with an authorized Honda dealer to get your free replacement of the driver’s door lock actuator. With respect to other benefits, the Court is scheduled to hold a final approval hearing on May 7, 2015, to decide whether to approve the settlement. If the Court approves the settlement, the payment of benefits to class members who submit valid claims will be made approximately 60 days from the deadline for filing claims. If appeals are filed, payment of claims will be delayed. If the Settlement Administrator determines that your claim should not be paid or should be paid only in part, you will be mailed a letter telling you the amount you are to receive, if any, and explaining how you can appeal the decision, if you wish to do so.

Answer:

No, but you are welcome to come at your own expense if you do not exclude yourself from the settlement. Class Counsel will answer questions that the Court might have. If you send a comment or objection, you do not have to come to the Final Approval Hearing to talk about it. However, if you submit an objection and you do not appear at the final approval hearing you will lose the right to appeal from any provision of any order approving the settlement as fair, reasonable, and adequate, the award of incentive payments, or to the award of Class Counsel Fees and Expenses Award. As long as you sent your comment or objection such that it was received on time, the Court will consider it. If you decide to hire your own attorney, he or she may also attend the Final Approval Hearing, but it is not necessary.

Answer:

You can obtain more information on this settlement website, where you can find extra Claim Forms, information about the history of the litigation and the status of the settlement, and documents such as Plaintiffs’ First Amended Complaint.

Answer:

If any claimant whose Claim Form has been rejected, in whole or in part, contests that decision, the claimant must mail the Settlement Administrator a notice and statement of reasons indicating the claimant’s grounds for contesting the rejection, along with any supporting documentation, and requesting further review by the Settlement Administrator. Any challenge to the rejection of a Claim Form must be postmarked within 30 days after the date of mailing of the notice of the rejection. Any claims submitted after this deadline shall be forever barred.

If the Settlement Administrator denies a claim for a reimbursement, the settlement class member may also appeal the denial to the Better Business Bureau for resolution in accordance with the terms and conditions of the limited warranty that accompanied the settlement class vehicle, except that any such appeal must be made within 90 days of final denial by the Settlement Administrator and any decision by the Better Business Bureau will be final and binding upon both parties. AHM will pay any cost charged by the Better Business Bureau for resolving the dispute. Each party shall be responsible for paying his, her or its own attorneys’ fees and other expenses if they decide to retain counsel.