Answer:

You may be a Settlement Class Member in a proposed settlement of a federal class action lawsuit pending in the United States District Court for the Central District of California, Conti, et al. v. American Honda Motor Co., Inc., Case No. 2:19-cv-2160-CJC-GJS (the “Litigation”). You are a Settlement Class Member if you are a current owner or lessee of a 2018 or 2019 Honda Odyssey vehicle (Elite, EX, EX-L, EX-LNR or Touring trim), a 2019 Honda Pilot vehicle (2EX-LNR, 2TRG, 2TRG 7P, 4Elite, 4EX, 4EX-L, 4EX-LNR, 4TRG or 4TRG 7P trim), or a 2019 Honda Passport (2EX-L, 2TRG, 4Elite, 4EX-L, or 4TRG trim) purchased or leased in the United States, Puerto Rico, or any of the United States territories. You are also a Settlement Class Member if you are a former owner or lessee of a 2018 or 2019 Honda Odyssey vehicle (Elite, EX, EX-L, EX-LNR or Touring trim), a 2019 Honda Pilot vehicle (2EX-LNR, 2TRG, 2TRG 7P, 4Elite, 4EX, 4EX-L, 4EX-LNR, 4TRG or 4TRG 7P trim), or a 2019 Honda Passport (2EX-L, 2TRG, 4Elite, 4EX-L, or 4TRG trim) purchased or leased in the United States, Puerto Rico, or any of the United States territories and you file a claim.

As a member of the proposed Settlement Class, you have a right to know about the Litigation and proposed settlement. The judge who is overseeing the case, the Honorable Cormac J. Carney, authorized this Notice, which explains the Litigation, the proposed settlement, your legal rights, what benefits are available, who is eligible for them, and how to obtain them. You have various options that you may exercise before the Court decides whether to approve the proposed settlement. If the Court approves the proposed settlement and the settlement becomes in all respects final, then the Defendant, American Honda Motor Co., Inc. (“AHM”) will provide certain benefits to the Settlement Class Members, including an extended warranty for certain Infotainment System components, enhanced dealer training and guidance on making covered repairs, access to a website to help diagnose and remedy Infotainment System issues, either two years of complimentary HondaLink Security Service (Elite and Touring trim vehicles) or one year of SiriusXM Select service (EX and EX-L trim vehicles) if you experienced more than one qualifying service visit to an authorized Honda dealership for Infotainment System issues that were not resolved during the initial warranty service visit excluding any customer visit as a result of a recall or product update, and reimbursement for qualifying battery recharging or for qualifying transportation costs associated with multiple visits to an authorized dealership for certain Infotainment System issues.

Answer:

This Litigation is about the Infotainment Systems in 2018 and 2019 Honda Odyssey vehicles (Elite, EX, EX-L, EX-LNR and Touring trims), 2019 Honda Pilot vehicles (2EX-LNR, 2TRG, 2TRG 7P, 4Elite, 4EX, 4EX-L, 4EX-LNR, 4TRG and 4TRG 7P trims), and 2019 Honda Passport vehicles (2EX-L, 2TRG, 4Elite, 4EX-L, or 4TRG trims) (collectively, the “Class Vehicles”).

The Named Plaintiffs allege that the Class Vehicles’ Infotainment Systems suffered from software and hardware defects that caused the systems to frequently freeze, crash, fail to boot up, fail to shut down, or suffer intermittent failures to connect to peripheral devices (such as phones and mp3 players). Plaintiffs allege that AHM should have disclosed the defects prior to sale or remedied the defects under warranty within a reasonable period of time after sale. AHM expressly and vigorously denies the allegations in the Litigation, including the allegation that the Infotainment Systems in Settlement Class Vehicles suffer from any defect whatsoever. AHM further denies that it has engaged in any wrongdoing, and specifically denies all claims described above and asserted in the Litigation.

You can read all of Plaintiffs’ allegations in the Second Amended Complaint, available at www.infotainmentsettlement.com. You can also read AHM’s answer and affirmative defenses.

Answer:

In a class action lawsuit, one or more persons, called “Named Plaintiffs” sue on behalf of other people who are alleged to have similar claims (“Proposed Class”). The Named Plaintiffs 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, AHM) is called the “Defendant.” In a class action lawsuit, common factual questions and legal issues are resolved for all Plaintiffs, except for those people who choose to exclude themselves from the Class. Judge Cormac J. Carney is presiding over this class action.

Answer:

AHM has developed countermeasures for Infotainment System issues in Settlement Class Vehicles. As part of the settlement process, the parties retained an independent expert to confirm the efficacy of these countermeasures. Because the expert was able to confirm that the countermeasures are effective, this proposed settlement was designed to notify and educate Settlement Class Members about the countermeasures, to provide increased training and awareness to Honda service technicians of the new countermeasures, and to increase Settlement Class Members’ awareness of and ability to access the countermeasures. The proposed settlement also extends the Settlement Class Vehicles’ New Vehicle Limited Warranty for an additional 24 months / 24,000 miles (whichever comes first) to cover certain Infotainment System Symptoms (defined below). The proposed settlement further provides the ability for Settlement Class Members to file claims for reimbursement of certain qualifying related out-of-pocket costs, and to receive either two free years of HondaLink Security Service (Elite and Touring trim vehicles) or one free year of SiriusXM Select service (EX and EX-L trim vehicles) if they experienced more than one qualifying visit to an authorized Honda dealership.

The Court has not decided in favor of Plaintiffs or AHM. Instead, both sides agreed to a proposed settlement on behalf of everyone in the proposed Settlement Class. By agreeing to a proposed settlement, all parties avoid the cost of a trial, and Settlement Class Members will receive certain agreed-upon benefits which will be provided if the proposed settlement is approved and becomes Final. The Class Representatives and Class Counsel believe the proposed settlement is in the best interests of Settlement Class Members.

Answer:

Judge Carney preliminarily approved the following class for settlement purposes only:

All current owners and lessees of a 2018 or 2019 Honda Odyssey vehicle (Elite, EX, EX-L, EX-LNR or Touring trim), a 2019 Honda Pilot vehicle (2EX-LNR, 2TRG, 2TRG 7P, 4Elite, 4EX, 4EX-L, 4EX-LNR, 4TRG or 4TRG 7P trim), or a 2019 Honda Passport (2EX-L, 2TRG, 4Elite, 4EX-L, or 4TRG trim) (each a “Settlement Class Vehicle”), who reside in, and who purchased or leased their vehicles (other than for purposes of resale or distribution) in, the United States, Puerto Rico, and all United States territories, as well as former owners and lessees of Settlement Class Vehicles who submit a claim. The Settlement Class also includes all United States military personnel who purchased a Settlement Class Vehicle during military duty.

Answer:

If you are still not sure whether you are included, you can get free help at www.infotainmentsettlement.com, by calling 888-888-3082, or by writing to Class Counsel at the address listed in response to Question 18, below.

Answer:

• Extended Warranty - Beginning on the Effective Date, the New Vehicle Limited Warranty (“NVLW”) that you received from AHM at the original point of sale or lease of your Class Vehicle (3 years/36,000 miles) will be extended to cover qualified Infotainment System Symptoms. The Extended Warranty will add an additional two (2) years or 24,000 miles to the NVLW to cover certain Infotainment System Symptoms if the vehicle is within five (5) years or 60,000 miles of the original purchase or lease date of the vehicle.
• If you incurred out-of-pocket repair expenses for Infotainment System Symptoms because your Class Vehicle’s NVLW term expired prior to the date that the Extended Warranty took effect, you can file a claim for reimbursement of the expenses that would have been covered under the Extended Warranty. See Section 8 for instructions.
• The Extended Warranty covers “Infotainment System Symptoms,” which refers to the symptoms identified in: (1) Honda Service Bulletin 20-049 (popping or crackling from the speakers, no sound from the audio system, network loss message); and (2) Honda Service Bulletin 20-058 (popping or crackling from the speakers, no sound from the audio system, network loss message and/or display issues). The Extended Warranty is subject to the same terms and conditions as the original NVLW issued at the original point of sale or lease of each Settlement Class Vehicle and is automatically transferrable to subsequent owners.
• Dealership Assessment and Assistance Program (DAAP):The Named Plaintiffs alleged that authorized Honda dealerships were frequently unable to replicate the Infotainment System issues they were experiencing when they would bring their Class Vehicle in for repair, and as a result, the Named Plaintiffs were often told there was nothing the dealership could do to address the issues. As part of the settlement, AHM will implement a Dealership Assistance and Assessment Program (the “DAAP”). The DAAP is not intended to supplant or replace usual service processes and procedures. Through the DAAP, AHM will direct independent, authorized Honda dealerships and their technicians to undergo additional training and implement additional service strategies, including:
• confirm that the latest Over-The-Air software update has been installed in a Settlement Class Vehicle brought in for Infotainment-System-related service, and, if it has not been installed, install the latest update;
• if the Infotainment System symptoms described by a Settlement Class Member are listed in the “Symptom” section of an applicable Service Bulletin, perform the countermeasures/updates specified therein (e.g., including installing the applicable FAKRA service housing/ connector set and/or replacing or otherwise providing an efficacious countermeasure as necessary). The DAAP is intended to assist authorized Honda dealerships and their technicians to diagnose and address specific symptoms whether or not such symptoms can be replicated during the service visit; and
• perform any other customer-approved repairs, warranty service, recalls or product updates (as applicable).
• Infotainment System Online Resource: AHM will create, maintain, and update for no fewer than 24 months, an Infotainment System Online Resource for Settlement Class Members that will be included on the Honda Owners Link website page for 2018-2019 Honda Odyssey, 2019 Honda Pilot, and 2019 Honda Passport vehicles and will, among other things:
• include a list of potential Infotainment System-related issues, that, when selected, will open a drop-down menu to offer potential solutions to the issue, including updating relevant software, suggesting replacing or upgrading USB cords or peripherals, or presenting the vehicle at an authorized Honda dealership for an assessment or repair pursuant to any applicable Service Bulletin;
• provide a means by which Settlement Class Members can review information related to the Infotainment systems in their vehicles;
• provide a means by which Settlement Class Members can report to AHM issues or symptoms they believe to be attributable to the Infotainment System; and
• post relevant recall notices, Service Bulletins, and over-the-air (OTA) updates relating to the Infotainment System.
• This benefit is currently available, and it can be found on the Honda Owners website.
• Two Years of Free HondaLink Security Service or One Year of SiriusXM Select: Additionally, each Settlement Class Member who does not exclude himself or herself from the proposed settlement may qualify to receive, depending on the trim of their vehicle, either 2 years of free HondaLink Security Service (Elite and Touring trim vehicles) or 1 free year of SiriusXM Select service (EX and EX-L trim vehicles). If you are a Settlement Class Member and made more than one service visit to an authorized Honda dealership on or before the Notice Date for Infotainment System issues not resolved during the initial warranty service visit (excluding any customer visit as a result of a recall or product update), you must timely submit a valid Claim Form with all required documentation to receive this benefit. If you are a Settlement Class Member and made more than one service visit according to AHM’s warranty records for a single Infotainment System issue not resolved during the initial warranty service visit (but which did not occur as a result of a recall or product update) you are automatically eligible to receive either 2 years of free HondaLink Security Service (Elite and Touring trim vehicles) or 1 free year of SiriusXM Select service (EX and EX-L trim vehicles), and you need not file a Claim Form to obtain it.
• Reimbursement for Certain Out-of-Pocket Expenses: Settlement Class Members can file a Claim Form to seek reimbursement for battery recharging costs incurred as a result of a car battery that drained because the Infotainment System did not turn off when it should have. Settlement Class Members can also file a Claim Form to seek reimbursement for qualifying transportation costs incurred if the Settlement Class Member returned a Settlement Class Vehicle two or more times to an authorized dealership to obtain a repair for Infotainment System Symptoms. In order to receive any reimbursement, your Claim Form must be accompanied by documentation of the condition or occurrences and expenses you incurred.

Answer:

To receive reimbursement, you must do 4 things:

1. Complete the Claim Form by providing all requested information;
2. Enclose a copy of all required documentation and a proof of expense for each eligible reimbursement;
3. Sign and date your Claim Form; and
4. Mail the Claim Form to the Settlement Administrator by the deadline. Your Claim Form(s) must be postmarked by March 5, 2022.

The Claim Form was mailed and/or email to you with the Notice of Settlement, and you can obtain additional copies to print at www.infotainmentsettlement.com.

Answer:

If you fail to mail the Claim Form and supporting documents by the required deadline, your Claim will be denied as untimely. Submitting a Claim Form late or without documentation will be the same as doing nothing (see Question 23).

Answer:

The Court will hold a hearing (the “Final Approval Hearing”) on TBD at the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9 B, 411 West Fourth Street, Santa Ana, California 92701, to decide whether the settlement is fair, reasonable, and adequate. Even if the Court approves the proposed settlement, there might be appeals that delay the conclusion of the case and prevent it from becoming Final. It is always uncertain whether such appeals can be quickly 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: www.infotainmentsettlement.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:

Unless you exclude yourself, you will remain a member of the Settlement Class. That means that you will not be able to sue, continue to sue, or be a part of any other lawsuit against AHM about the same legal issues in this Litigation. It also means that all of the Court’s orders in this Litigation will apply to you and legally bind you.

Answer:

The HondaLink and Sirius XM services can only be activated after the settlement becomes in all respects final. Please check the settlement website (www.infotainmentsettlement.com) for instructions at that time.

Answer:

If you want to keep the right to sue, or continue to sue AHM, on your own as an individual, about the legal issues in this Litigation, then you must take steps to exclude yourself from the Settlement Class and the settlement. This is sometimes referred to as “opting out.” 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 Conti, et al. v. American Honda Motor Co., Inc., Case No. 2:19-cv--2160-CJC-GJS (C.D. Cal.), 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);
• 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.

Settlement Administrator
Conti Class Action
P.O. Box 2718
Torrance, CA 90509

Answer:

No. If you do not timely submit a valid Exclusion Request, 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 as part of the Settlement.

Answer:

No. If you submit a valid Exclusion Request, you will not receive benefits of the settlement and you cannot object to the proposed 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 want to receive benefits under the proposed settlement you cannot exclude yourself from the proposed settlement.

Answer:

The Court has decided that the following law firms are qualified to represent you and all Settlement Class Members for purposes of this proposed settlement:

Together these law firms are called “Class Counsel.” They are experienced in handling similar cases against other automotive manufacturers and/or distributors. More information about these law firms, their practices, and their lawyers’ experience is available at www.hbsslaw.com and www.gs-legal.com.

Answer:

You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want to hire your own lawyer, you may do so at your own expense.

Answer:

Class Counsel has not received any fees or reimbursement for any of their expenses associated with this case, but by November 4, 2021, they will file an application with the Court requesting that the Court award Class Counsel Fees and Expenses to be paid by AHM. Any fees or expenses that Class Counsel request must be approved by the Court and will not reduce the benefits Settlement Class Members can receive under the proposed settlement.

By no later than November 4, 2021, Named Plaintiffs will also ask the Court to approve a Service Award for each of them to compensate them for their time and effort on behalf of the Settlement Class. Again, the Service Awards will not reduce the benefits Settlement Class Members can receive under the proposed settlement.

Class Counsel’s application for fees and expenses and the Named Plaintiffs’ Service Awards will be available after November 4, 2021 on the settlement administrator’s website: www.infotainmentsettlement.com.

Neither the Class Counsel’s fees and expenses nor the Service Awards will reduce any of the benefits you may receive under the proposed settlement.

Answer:

You can tell the Court that you do or do not agree with the proposed settlement or some part of it.

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 proposed settlement and it should be approved, or you object to all or part of the proposed settlement. The Court will consider all comments from Settlement Class Members.

To comment or object you must send a letter to the Settlement Administrator, to Class Counsel, and AHM’s Counsel at the addresses indicated below, specifically state whether you are commenting or objecting on the settlement in Conti, et al. v. American Honda Motor Co., Inc., Case No. 2:19-cv-2160-CJC-GJS (C.D. Cal.), and include your:

• full name;
• mailing address;
• telephone number;
• approximate date of purchase or lease;
• model year(s) of your Settlement Class Vehicle(s);
• vehicle identification number(s) (“VIN”) of your Settlement Class Vehicle(s);
• statement that you have reviewed the Settlement Class definition and understand that you are a Settlement Class Member;
• explanation of your factual and legal grounds for objecting;
• statement as to whether your objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
• 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 Settlement Class Member 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.

You must mail your comment or objection to the Court, Settlement Administrator, Class Counsel and AHM’s Counsel at the following addresses, postmarked no later than November 19, 2021:

*Class Counsel filed their fee, expense reimbursement and service award motion on November 10, 2021, six days after the November 4, 2021 date included in the notice sent to settlement class members. Class Counsel, therefore, will present to the Court any objections by Class Members to its November 10th motion for fees, expense reimbursement and service awards, and ask that the Court consider such objections to be timely, as long as any such objections are filed or postmarked on or before November 29, 2021.

Answer:

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 as a Settlement Class Member. 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:

The Court will hold a hearing to decide whether to grant final approval of the settlement. You may attend and you may ask to speak, but you do not have to attend or speak. The Court (Judge Carney) will hold a hearing (the “Final Approval Hearing”) TBD at the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, Santa Ana, CA 92701, Courtroom 9 B to decide whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Carney may listen to people who have asked to speak at the hearing. The Court might also decide how much Class Counsel should be paid for representing the Settlement Class and whether Service Awards should be paid to Named Plaintiffs for their time and effort in representing the Settlement Class. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take for the Court to make its decision.

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 Judge Carney might have. If you send a comment or objection, you do not have to come to the Final Approval Hearing to talk about it. As long as you sent your comment or objection such that it was timely, 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:

If you do not exclude yourself, you may ask the Court’s permission to speak at the Final Approval Hearing concerning the proposed settlement or Class Counsel’s request for attorneys’ fees and expenses or the Service Awards for the Named Plaintiffs. To do so, you must send a letter to the Court and provide a copy to Class Counsel and AHM’s Counsel, indicating that you intend to appear at the Final Approval Hearing in Conti, et al. v. American Honda Motor Co., Inc., Case No. 2:19-cv-2160-CJC-GJS. The letter must state the position you intend to present at the hearing, state the identities of all attorneys, if any, who will represent you, and must include your full name, current address, telephone number, model year and VIN of your Class Vehicle(s), and your signature. You must send your notice to the Clerk of the Court, Class Counsel, and AHM’s Counsel at the three addresses listed under Questions 18 and 20 above, postmarked no later than November 19, 2021. You may combine this notice and your comment or objection (described under Question 18) in a single letter. You cannot speak at the Final Approval Hearing if you exclude yourself from the proposed settlement.

Answer:

If you do nothing, you will remain a member of the Settlement Class and benefit from the Extended Warranty, DAAP, and the Infotainment System Online Resource described under Question 7 above. Unless you are automatically eligible based on your history of service visits (see Question 7 above), you will not receive 2 free years of HondaLink Security Service or 1 free year of Sirius XM Select service (unless you are otherwise eligible and file a valid claim). Furthermore, you will not be permitted to appear and speak at the Final Approval Hearing.

Answer:

You can obtain more information by visiting the website www.infotainmentsettlement.com, where you can find extra Claim Forms, information about the history of this litigation and the status of the proposed settlement, and documents such as the Second Amended Class Action Complaint, AHM’s answer and affirmative defenses, and Class Counsel’s application for fees and expenses and the Named Plaintiffs’ Service Awards filed by the Plaintiffs. You can also file claims directly through the website (infotainmentsettlement.com).

You may also call or write Class Counsel at:

HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, Washington 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Regarding: Honda Infotainment settlement

GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, Ohio 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
Regarding Honda Infotainment settlement