Answer:

In a class action lawsuit, one or more persons, called “Named Plaintiffs” sue on behalf of other people who have similar claims (“Proposed Class”). The Named Plaintiff and the Proposed Class are collectively called the “Plaintiffs,” and their attorneys are referred to as “Class Counsel.” The company that has been sued (here, “American Honda” or “AHM”) is called the “Defendant.” In a class action lawsuit, all factual questions and legal issues are decided for all Plaintiffs, except for those people who choose to exclude themselves from the Proposed Class. Judge Susan Illston is presiding over this class action.

Answer:

This Litigation is about Engine Misfire and its symptoms and causes in the Settlement Class Vehicles (i.e., 2008-2012 Honda Accord, 2008-2013 Honda Odyssey, 2009-2013 Honda Pilot, 2010-2011 Honda Accord Crosstour, and 2012 Honda Crosstour, equipped with a 6-cylinder engine with Variable Cylinder Management (“VCM-2”)). The Engine Misfire at issue generates one or more of the following vehicle diagnostic trouble codes (“DTC”): P0301, P0302, P0303, or P0304.

The Named Plaintiff, Vince Eagen, alleges that the engines in some Settlement Class Vehicles suffer from Engine Misfire and related symptoms and conditions, including premature spark plug fouling. Plaintiff claims that Settlement Class Vehicles have a defect and related conditions that AHM should have disclosed and/or remedied, at no charge, under warranty.

AHM 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. The parties agree that there are no safety concerns with the Settlement Class Vehicles. The Court has not decided who would win the Litigation if it went to trial.

There were other claims alleged in the original Class Action Complaint and the First Amended Class Action Complaint that have been dismissed and are no longer part of this settlement.

You can read all of Plaintiff’s allegations in the Second Amended Class Action Complaint available here on the settlement website.

Answer:

Here, the Court has not decided in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement on behalf of everyone in the Proposed Class. That way, all parties avoid the cost of a trial, and Settlement Class Members will receive certain agreed-upon benefits which will be provided if the settlement is approved and becomes Final. The Class Representative and Class Counsel think this Proposed Settlement is in the Settlement Class Members’ best interests.

Answer:

The settlement of this class action lawsuit was granted final approval by the Court as to Settlement Class Members other than the Omitted Owner Group. The Settlement has been preliminarily approved by the Court as to the Omitted Owner Group and it will be the subject of a later court hearing called a “Fairness Hearing,” which is currently scheduled to be held April 22, 2016 at 10:00 a.m. at the Phillip Burton Federal Building & United States Courthouse, Courtroom 10, 19th Floor, located at 450 Golden Gate Avenue, San Francisco, CA 94102. 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 as to the Omitted Owner Group.

Answer:

You are a member of the Omitted Owner Group if you are a current or former owner or lessee of one or more of the Honda vehicles listed below equipped with a 6-cylinder (“V6”) engine with Variable Cylinder Management (“VCM-2”) that was registered in the state of Washington as of September 18, 2013, and was purchased or leased in the United States (other than for purposes of resale or distribution):

• 2008-2012 Honda Accord;
• 2008-2013 Honda Odyssey;
• 2009-2013 Honda Pilot;
• 2010-2011 Honda Accord Crosstour; and
• 2012 Honda Crosstour.

Answer:

Under the Settlement, members of the Omitted Owner Group may receive two types of benefits:

• The Powertrain Limited Warranty that you received from Honda at the original point of sale or lease of your Class Vehicle is extended to cover Engine Misfire repairs (the “Warranty Extension”). Such repairs will be covered under the Warranty Extension if the vehicle is within eight (8) years of the original purchase or lease date of the car, without limitation as to mileage.
  
• The Warranty Extension is subject to the same terms and conditions as the original, written Powertrain Limited Warranty issued at the original point of sale or lease of each Settlement Class Vehicle, except that the Warranty is extended to cover Engine Misfire. If you obtain coverage for Engine Misfire repairs pursuant to the Extended Warranty, you may not exclude yourself from this settlement.
  

• The repair invoice or other documentation indicates that the repair(s) or replacement(s) were performed in connection with the Settlement Class Vehicle’s generating the following Diagnostic trouble codes (“DTC”) P0301, P0302, P0303, or P0304 (note: this information should be on the repair invoice you received from your dealer or mechanic);
  
• The Settlement Class Member previously has not been reimbursed for the repair (for instance, by AHM, a Honda dealer, or an insurance provider, etc.); and
  
• The Settlement Class Member follows each step listed in FAQ 7.
  

Answer:

To receive reimbursement, you must do 4 things:

1. On the Claim Form, write the total amount you paid for eligible repair(s) to or replacement(s) of part(s) on your Settlement Class Vehicle;
2. Enclose a copy of a repair invoice or receipt (or other documentation) for each eligible repair or replacement for which you seek reimbursement of Out-Of-Pocket Expenses plus proof of payment. The repair invoice, or other documentation MUST indicate the date of service and indicate that the repair or replacement was performed in connection with your Settlement Class Vehicle’s generating the following diagnostic trouble codes (“DTC”): P0301, P0302, P0303, or P0304;
3. Sign and date your Claim Form; and
4. Mail the Claim Form to the address indicated by the deadline. Your Claim Form(s) must be postmarked by April 28, 2016.
   

Answer:

You do not need to do anything to obtain the benefit from the Warranty Extension, and the Warranty Extension will remain in effect with the car if you transfer or sell it while it is still in effect. To receive reimbursement for Out-Of-Pocket Expenses you must timely submit a valid Claim Form with an original repair invoice or receipt or similar documentation and proof of payment for a qualified repair. See FAQ 9.

Answer:

Send your Claim Form with the necessary supporting documentation to the Settlement Administrator (“Honda Settlement Administrator” or “HSA”) at the following address via U.S. Mail, postage prepaid to the following address:

Settlement Administrator
Soto Class Action Settlement – Omitted Owner Group
 P.O. Box 2718
Torrance, CA 90509

Your Claim Form postmarked by April 28, 2016 in order to be timely.

Answer:

Once your claim is submitted to the Honda Settlement Administrator, HSA will review your Claim Form and let you know of its receipt and of any missing information required to process your claim. See FAQ 7 for more information.

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. If you receive benefits under the settlement, including repairs pursuant to the Warranty Extension, you cannot exclude yourself from the settlement.

To exclude yourself from the settlement, you must send a letter (“Exclusion Request”) by U.S. mail (or an express mail carrier) saying that you want to be excluded from Soto, et al. v. American Honda Motor Co., Inc., Case No. 3:12-cv-1377-SI and include your:

• full name;
• mailing address
• telephone number;
• approximate purchase / lease date
• model year(s) of your Class Vehicle(s);
• • vehicle identification number(s) (“VIN”) of your Class Vehicle(s);
• • a clear statement communicating that you want to be excluded from the Settlement Class, do not wish to be a Settlement Class Member, and want to be excluded from any judgment entered pursuant to the settlement; and
• signature

You cannot exclude yourself from the class action on the phone or by e-mail. You must mail your Exclusion Request to the following, postmarked no later than March 15, 2016:

Settlement Administrator
Soto Class Action Settlement – Omitted Owner Group
 P.O. Box 2718
Torrance, CA 90509

If you submit a valid Exclusion Request, you will not receive any benefits of the settlement and you cannot object to the settlement. You will not be legally bound by anything that happens in this Proposed Settlement.

Answer:

Yes. If you remain a member of the Omitted Owner Group (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 object to all or part of the settlement. The Court will consider all comments from Omitted Owner Group members.

To comment or object you must send a letter to the Honda Settlement Administrator, to Class Counsel, or AHM’s Counsel at the addresses indicated below, saying that you are commenting on the settlement in Soto, et al. v. American Honda Motor Co., Inc., case no. 3:12-cv-1377-SI, and include your:

• full name;
• mailing address;
• telephone number;
• approximate date of purchase or lease;
• model year(s) of your Class Vehicle(s);
• vehicle identification number(s) (“VIN”) of your Class Vehicle(s);
• statement that you have reviewed the Settlement Class definition and understand that you are a member of the Omitted Owner Group;
• explanation of your factual and legal grounds for objecting;
• copies of any documents supporting your objection; and
• signature

You do not need to hire legal counsel to comment on or object to the settlement. But, if you are represented by legal counsel, you must also file your comment or objection to the settlement electronically with the Court.

Any member of the Omitted Owner Group objecting to the settlement (each an “Objector”) must also provide a detailed list of all objections to any other class action settlements submitted by him or her, or his or her legal counsel, to any court in connection with a class action settlement in the previous five (5) years. If the Objector or his or her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he or she must affirmatively state as much in their submission to the Court.

The filing of an objection allows Class Counsel or AHM’s Counsel to take the Objector’s deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an Objector to make himself or herself available for a deposition or otherwise comply with expedited discovery requests may result in the Court striking the Objector’s objection and otherwise denying the Objector the opportunity to make an objection or be further heard. The Court may tax the costs of any such discovery to the Objector or the Objector’s counsel should the Court determine that the objection is frivolous or is made for an improper purpose.

If you intend to appear at the Final Approval Hearing, your comment or objection must identify the attorneys representing you, if any, who will appear at the Final Approval Hearing. 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, you must appear in person, or through your counsel, at the Final Approval Hearing, or seek leave of Court excusing such appearance prior to the Final Approval Hearing, or as otherwise may be permitted by the Court at the Final Approval Hearing.

You must mail your comment or objection to the Honda Settlement Administrator, Class Counsel or Honda’s Counsel at the following addresses, postmarked no later than March 15, 2016:

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 American Honda 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 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. See FAQ 11 for more information.

Answer:

No. Class Counsel was awarded fees and expenses totaling eight-hundred thousand dollars ($800,000.00), and named Plaintiff Vince Eagen was awarded an Incentive Award of one thousand dollars ($1,000) to compensate him for his time and effort on behalf of the Settlement Class. None of the monies paid to Class Counsel or the Named Plaintiff reduced the benefit you receive.

You may view the order granting the Class Counsel Fees and Expenses Award and the Incentive Award on the Honda Settlement Administrator’s website: enginemisfiresettlement.com.

Answer:

The Court will hold a supplemental hearing (the “Supplemental Hearing”) on April 22, 2016 at 10:00 a.m. at the Phillip Burton Federal Building & United States Courthouse, Courtroom 10, 19th Floor, located at 450 Golden Gate Avenue, San Francisco, CA 94102, to close the Final Approval Order and Judgment with respect to the Omitted Owner Group. Even if the Court closes the Final Approval Order and Judgment with respect to the Omitted Owner Group, there might be appeals. It is always uncertain whether such appeals can be resolved, and resolving them can take months or even years. For that reason, at this time there is no way to determine if and when reimbursement payments will be issued. Information about the progress of the case will be available on the settlement website: enginemisfiresettlement.com.

If the Settlement Administrator determines 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 Supplemental Hearing to talk about it. However, if you submit an objection and you do not appear at the Supplemental 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. (See FAQ 15). 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 Supplemental 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 this litigation and the status of the settlement, and documents such as the Second Amended Class Action Complaint filed by the Plaintiff. 

You may also call Class Counsel at (206) 816-6603 or write them at:

TERRELL MARSHALL LAW GROUP PLLC
c/o Beth E. Terrell
“Honda Misfire Case”
936 North 34th Street, Ste 300
Seattle, WA 98103

Answer:

The Honda Settlement Administrator (“HSA”) will assess each claim as it is received, but no payments will issue until the settlement is finally approved by the Court. As claims are assessed, HSA shall notify in writing any member of the Omitted Owner Group whose claim has been denied, in whole or in part, setting forth the reason(s) for the denial, as well as providing notice of the Omitted Owner Group member’s right to contest the denial and request reconsideration and/or to attempt to cure any defect. HSA will provide all such notices within 60 days after expiration of the claims period (i.e., by June 27, 2016); and class members will have until August 11, 2016 to provide the requested information or contest the decision (45 days).

A Settlement Class Member whose claim has been denied may contest the decision by submitting a written notice containing a statement of the reasons the Settlement Class Member contests the denial along with any additional supporting documentation.

The Honda Settlement Administrator shall consider the Settlement Class Member’s request for reconsideration and mail to the Settlement Class Member a final determination of the claim within 60 days.

If HSA finally denies a claim, a Settlement Class Member may appeal the denial to the Better Business Bureau for binding resolution in accordance with the terms and conditions of the new vehicle limited warranty that accompanied the Settlement Class Vehicle at the original point of sale or lease.

Any such appeal must be filed within ninety (90) days of final denial by HSA and any decision by the Better Business Bureau will be final and binding upon all parties.

American Honda 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 he, she, or it decide to retain counsel.