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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 5 Settling Defendants? |
The Round 5 Settling Defendants are:
[1] Previously, TRW settled lawsuits related to Occupant Safety Restraint Systems.
[2] Previously, Bosch settled lawsuits related to Windshield Wiper Systems, Starters, Fuel Injection Systems, and Spark Plugs, Standard Oxygen Sensors, and Air Fuel Ratio Sensors.
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 following companies previously agreed to the Round 4 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).
The Court has given final approval to the Round 4 Settlements. See Order Granting Final Approval to the Round 4 Settlements (September 23, 2020) (available on the Court Documents tab, in the “Final Approval” section).
4. | 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:
Parts Included in the Round 5 Settlements:
Parts Included in the Round 1 – 4 Settlements:
5. | 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.
6. | How do I know if I may be included in the Classes? |
Generally, you may be included in one or more of the Round 5 Settlement Classes if, at any time from 2002 to 2018, 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 4 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 5 Settlement Classes by referencing the eligible vehicles listed in the “Vehicles Included in Round 5 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, Round 3 and Round 4 Settlements) or preliminarily approved (for Round 5 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 |
Round 5 Settling Defendants
Defendant | Time Period Starts | Time Period Ends | Auto Part(s) |
---|---|---|---|
Bosal | January 1, 2002 | June 5, 2018 | Exhaust Systems |
Bosch | September 29, 2010 | December 31, 2017 | Electronic Braking Systems |
February 13, 2007 | December 31, 2017 | Hydraulic Braking Systems | |
TRW | February 13, 2007 | December 31, 2017 | Hydraulic Braking Systems |
Payments to members of the Round 5 Settlement Classes only will be made if the Court approves the Round 5 Settlements and after any appeals from such approval are resolved and in accordance with the proposed revised Plan of Allocation to distribute the Round 5 Net Settlement Funds (see Question 10).
The Round 5 Settlement cases are proceeding as class actions seeking monetary recovery for consumers and businesses in 30 states and the District of Columbia and, except for Bosal, for nationwide injunctive relief to stop the Defendants’ alleged illegal behavior and prevent this behavior from happening in the future (see Question 12).
Purchasers or lessees of qualifying new vehicles or indirect purchasers of any of the replacement parts listed in Question 4 may be members of the Round 5 Settlement Classes entitled to monetary recovery. Only those members of the Round 5 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.
7. | Who is not included in the Settlement Classes? |
The Settlement Classes do not include:
8. | What do the Settlements provide? |
The Round 5 Settlements totaling approximately $3.154 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; the Round 3 Settlements, totaling approximately $433 million; and Round 4 Settlements, totaling approximately $184 million. Together, the Round 1 through 5 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 12), 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; Toyoda Gosei and TKH with respect to the Round 4 Settlements; and Bosal with respect to the Round 5 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 |
Auto Parts Round 5 Settlements and Settlement Funds
Automotive Parts Case | Round 5 Settling Defendant | Settlement Fund |
---|---|---|
Electronic Braking Systems | Bosch | $2,113,887.78 |
Exhaust Systems | Bosal | $152,000.00 |
Hydraulic Braking Systems | Bosch TRW |
$128,112.22 $760,000.00 |
Total | $3,154,000.00 |
*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.
9. | 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 the Round 5 Settlements, or if you previously excluded 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. If you already submitted a Claim Form in the previous Settlements (Rounds 1 through 4), you do not need to file another claim to get a payment from the Round 5 Settlements for that specific vehicle or replacement part (as applicable). However, if you purchased additional qualifying new vehicles or indirectly purchased qualifying replacement parts that are included in the Round 5 Settlements and were not mentioned in your previous Claim Form, you should file a new Claim Form for these additional vehicles or replacement parts. You are no longer able to submit a claim for payment from the Rounds 1 through 4 Settlements. The deadline to submit a claim in the previous Settlements has passed.
Claims for Round 5 may be submitted online or by printing and mailing your completed form postmarked by January 7, 2023, 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.
10. | 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 from their claims across all Settlements (Rounds 1 through 5). 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 prior settlements minus attorneys’ fees, reimbursement of costs and expenses, notice and claims administration costs (“Rounds 1 through 4 Net Settlement Fund,” collectively with the Round 5 Net Settlement Fund, the “Net Settlement Funds”) from the earlier settlements. However, Settlement Class Counsel are proposing that the Court also approve a substantially similar Plan of Allocation that will apply to the Round 5 Settlements. Based on the proposed Plan of Allocation, the Settlement Administrator will calculate the amounts awarded to each Round 5 Settlement Class Member who files a valid claim. Below is a summary of how claims will be paid:
Claims that would be paid less than $100 will be paid $100.
Claims that would be paid at least $100 will be paid $100 plus a pro rata (or proportional) share of the remaining applicable Round 5 Net Settlement Funds as determined separately for each automotive part (after paying all of the $100 minimum payments).
If the Net Settlement Funds are insufficient to allow a minimum payment of $100 to each claimant, or if the Round 5 Net Settlement Funds are insufficient to allow a minimum payment of $100 to each claimant who does not have a claim in the Rounds 1 through 4 Settlements, the amount to be paid to each claimant will be adjusted based on a pro rata basis.
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 qualifying replacement parts indirectly purchased, and the total number of qualifying new vehicles purchased or leased and qualifying replacement parts indirectly purchased by other claimants. Claims based on qualifying new 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 indirectly 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 5 Settlements.
In order to receive a payment from the Round 5 Settlements, you will need to file a valid Claim Form (see Question 9). If you already submitted a Claim Form in the previous settlements (Rounds 1– 4), 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.
11. | 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 5 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.
12. | What is the non-monetary relief? |
With the exception of Round 3 Settling Defendants Eberspächer, Hitachi Metals, MAHLE Behr, NGK Spark Plugs, and NTN; Round 4 Settling Defendants Toyoda Gosei and TKH; and Round 5 Settling Defendant Bosal, 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) cooperated with the Class representatives in the litigation.
13. | What happens if I remain in the Settlement Classes? |
If the Round 5 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 5 Settlements from which you do not exclude yourself.
In return for paying the Settlement amounts and providing the non-monetary benefits, the Round 5 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 5 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 17 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.
14. | How do I get out of the Settlement Classes? |
The deadline to exclude yourself from the Round 5 Settlements has passed. To exclude yourself from one or more of the Round 5 Settlement Classes, you must have sent a letter by mail stating that you want to be excluded from In re Automotive Parts Antitrust Litigation and specifying from which Settlement Class or Classes (including the specific automotive part case) you wish to be excluded. You could have only requested to be excluded from the Settlement Classes for the Round 5 Settlements.
Your letter must have included:
If you were seeking to exclude yourself from one or more of the Round 5 Settlement Classes, you were also requested (but not required) to state in your letter the number of qualifying new vehicles you purchased from January 1, 2002, to June 5, 2018.
Any request for exclusion must have been mailed to the address immediately below, and must have been received no later than December 20, 2022:
Automotive Parts Indirect Exclusions
P.O. Box 10163
Dublin, OH 43017-3163
15. | 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 5 Settling Defendants for the claims being released in this litigation.
16. | If I excluded myself, can I still get money benefits? |
No. If you excluded yourself from the Settlement Classes in any of the Round 5 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 5 Settlements but remained in the Settlement Classes for other Round 5 Settlements, you may receive money from the Round 5 Settlements for the Settlement Classes in which you remain a Class member. The deadline to exclude yourself has passed on December 20, 2022.
17. | 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:
Class Counsel | ||
---|---|---|
Adam Zapala Cotchett, Pitre, & McCarthy LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 |
William V. Reiss Robins Kaplan LLP 1325 Avenue of the Americas Suite 2601 New York, NY 10019 |
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.
18. | How will the lawyers be paid? |
At a later date, Settlement Class Counsel will ask the Court for an award of attorneys’ fees and reimbursement of costs and expenses for all of their services to be paid from the total Settlement Amounts established by the Rounds 1 through 5 Settlements, including any interest earned. The total amount of fees requested, combined with all fees previously awarded by the Court, will not exceed 30 percent of the total Settlement Amounts of all of the Rounds 1 through 5 Settlements, including any interest earned.
When it is filed with the Court, Settlement Class Counsel’s application for fees, costs and expenses to be awarded will be made available on this website, and Settlement Class Members who provided their email addresses to the Claims Administrator will also receive an email. Otherwise, Rounds 1 through 5 Settlements Class Members will receive no further notice when this application is filed or the deadline to submit objections about this application.
19. | How do I object to or comment on the Round 5 Settlements? |
If you had objections to or comments about any aspect of (a) one or more of the Round 5 Settlements, (b) the proposed Plan of Allocation as it applies to members of any of the Settlement Classes (in Round 5), or (c) the future motion by Settlement Class Counsel for attorneys’ fees and reimbursement of costs and expenses as it applies to members of the Round 5 Settlement Classes, then you were able to express your views to the Court. You could only object to or comment on these matters if you did not exclude yourself from the applicable Settlement Class or Classes.
To object to or comment on a Round 5 Settlement or the proposed Plan of Allocation, or the future motion for attorneys’ fees and reimbursement of costs and expenses, you must have done so in writing. Your letter must have specified which Settlement (including the specific vehicle part) you were objecting to and included the following in your objection letter:
Any comment or objection to the Round 5 Settlements, proposed Plan of Allocation, or future motion for attorneys’ fees and reimbursement of costs and expenses must have been in writing and mailed to both of the addresses listed immediately below. Objections to the Round 5 Settlements or proposed Plan of Allocation must have been received by both the Clerk of the Court and the Notice Administrator, no later than December 20, 2022. The addresses are:
Court | Notice Administrator |
---|---|
U.S. District Court for the Eastern District of Michigan Clerk of the Court Theodore Levin U.S. Courthouse 231 W. Lafayette Blvd., Room 599 Detroit, MI 48226 |
Auto Parts Settlements Objections P.O. Box 10163 Dublin, OH 43017-3163 |
Any objection or comment to the Round 5 Settlements or proposed Plan of Allocation must also have been timely filed with the Court (on or before December 20, 2022) in the case file (or docket) of the specific automotive parts case or cases that are the subject of your objection or comments (e.g., In re Exhaust Systems, No. 2:16-cv-03703). Objections or comments filed only in In re Automotive Parts Antitrust Litigation (the Master Docket, 2:12-md-02311) would not satisfy this requirement.
You will not have an opportunity to speak at the Court’s Fairness Hearing (see Question 22) unless you first submitted a complete, valid, and timely written objection and request the opportunity to speak at the Fairness Hearing. The deadline to exclude yourself or object has passed on December 20, 2022.
20. | What is the difference between excluding myself from the Settlement Classes and objecting to the Round 5 Settlements? |
If you exclude yourself from one or more of the Round 5 Settlement Classes, you are telling the Court that you do not want to participate in the Round 5 Settlement(s) from which you exclude yourself. Therefore, you will not be eligible to receive any payment from those Round 5 Settlement(s), and you will not be able to object to them. Objecting to a Round 5 Settlement simply means telling the Court that you do not like something about the Settlement. Objecting does not make you ineligible to receive a payment. The deadline to exclude yourself or object has passed on December 20, 2022.
The Court will hold a hearing to decide whether to approve the Round 5 Settlements and proposed Plan of Allocation. You may attend and you may ask to speak, but you do not have to do so.
21. | 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 19, 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.
22. | May I speak at the hearing? |
If you send an objection or comment on the Round 5 Settlements or proposed Plan of Allocation, as described in Question 19, 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 19. You cannot speak at the hearing if you exclude yourself from that specific Settlement Class.
23. | How do I get more information? |
These FAQs summarize the Round 5 Settlements. More details are in the Round 5 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 information concerning these cases.