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A Court authorized the Notice because you have a right to know about a proposed settlement of a class action lawsuit and your options and associated deadlines before the Court decides whether to give final approval to the settlement. The name of the lawsuit is In Re: Takata Airbag Product Liability Litigation (Economic Loss Cases), No. 1:15-MD-2599. Takata and several automotive companies, including Honda, have been named as defendants in the litigation. The Notice Please do not contact Honda Dealers regarding the details of this settlement while it is pending before the Court.
The following Honda vehicles (called the “Subject Vehicles”) distributed for sale or lease in the United States, the District of Columbia, Puerto Rico, or any other United States territories or possessions are included in the proposed Settlement:
MODEL YEAR |
MAKE AND MODEL |
2001-2015 |
HONDA CIVIC 4D |
2001-2015 |
HONDA CIVIC 2D |
2000-2013 |
HONDA ACCORD 4D-L4 |
2001-2002, 2008-2013 |
HONDA ACCORD 4D-V6 |
2001-2002, 2008-2013 |
HONDA ACCORD 2D-L4 |
2001-2002, 2008-2013 |
HONDA ACCORD 2D-V6 |
2014 (RC) |
HONDA ACCORD PLUG-IN HYBRID |
2002-2016 |
HONDA CR-V |
2010-2014, 2015 (RC) |
HONDA ACCORD CROSSTOUR |
2003-2015 |
HONDA PILOT |
2002-2004 |
HONDA ODYSSEY |
2006-2014 |
HONDA RIDGELINE |
2003-2011 |
HONDA ELEMENT |
2007-2014 |
HONDA FIT |
2010-2014 |
HONDA INSIGHT |
2011-2014, 2015 (RC) |
HONDA CR-Z |
2003 |
ACURA CL |
2009-2014 |
ACURA TSX |
2011-2014 |
ACURA TSX WGN |
2013-2015, 2016 (RC) |
ACURA ILX |
2003-2006 |
ACURA MD-X |
2007-2016, 2017 (RC) |
ACURA RDX |
2002-2003, 2009-2014 |
ACURA TL/TLX |
2005-2012, 2014-2016, 2017 (RC) |
ACURA RL/RL-X |
2010-2013 |
ACURA ZD-X |
2010-2014 |
ACURA FCX |
In a class action, “class representatives” sue on behalf of other people or entities who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure. Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Both sides in the lawsuit agreed to a settlement in order to avoid the cost and risk of further litigation. As a result of the settlement, the Class Members can get cash benefits of the settlement; in exchange, Honda receives a release from liability; in addition, the settlement is intended to protect drivers and passengers against defective Takata Inflators. The settlement does not mean that Honda broke any laws or did anything wrong. The Court did not decide which side was right. This settlement has been preliminarily approved by the Court, which authorized the issuance of the Notice. The Class Representatives/Named Plaintiffs and the lawyers representing them (called “Settlement Class Counsel”) believe that the settlement is in the best interests of all Class Members. The essential terms of the settlement are summarized in the Notice. The Settlement Agreement along with all exhibits sets forth in greater detail the rights and obligations of the parties. If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs.
You are part of the settlement if you are a person or entity that purchased a Subject Vehicle containing a Takata inflator, and you currently engage, or at the time of purchase were engaged, in the business of automotive salvage and/or recycling, or you recycled, refurbished, and/or removed for sale and/or re-sale Takata Inflators and/or Takata Inflator-related component parts in the United States and the territories and possessions of the United States prior to April 28, 2023. Please note, we will send you an update when this settlement has been approved.
This is called the “Class.” Excluded from this Class are: (a) Honda, their officers, directors, and employees; their affiliates and affiliates’ officers, directors and employees; their distributors and distributors’ officers, directors and employees; and Honda’s Dealers and their officers and directors; (b) Settlement Class Counsel and their employees; (c) judicial officers and their immediate family members and associated court staff assigned to this case; and (d) persons who or entities which timely and properly exclude themselves from (opt out of) the Class.
The settlement does not relate to claims for personal injury or property damage to any property other than the Subject Vehicles.
If you are not sure whether you are included in the Class, you may call 1-833-630-4683. Please do not contact Honda Dealers regarding the settlement while it is pending before the Court as the Court has ordered that all questions be directed to the Settlement Notice Administrator.
If you are a Class Member, what you are eligible to receive depends on several factors. The settlement benefits are outlined generally below, and more information can be found on this website.
The proposed settlement benefits consist of an Enhanced Inflator Recovery Program. Class Members will submit claims to the Settlement Claims Administrator, Rebuilders Automotive Supply, Inc. (“RAS”), which will purchase intact and deployed Inflators in recalled (as of April 12, 2023) Subject Vehicles of Class Members. The Inflators purchased through the Program will be recovered and destroyed where possible. If you have previously been compensated by Honda for an Inflator, you cannot be compensated under this Program for the same Inflator.
Deadline to Submit Claim: To receive reimbursement for a Claim, eligible Class Members must submit the Claim during the Claim Period. Class Members will have two years from the date of implementation of the Enhanced Inflator Recovery Program to submit a Claim.
Obtaining, Completing, and Submitting a Claim: You can complete and submit a Claim either online at www.coresupply.com or via smartphone app, RAS CorePro Mobile. You can also obtain a Claim form here, which includes instructions for submitting a Claim for Intact Inflators and/or Missing/Deployed Inflators either online or via the smartphone app.
Honda initiated the Enhanced Inflator Recovery Program on April 1, 2023
Please note that you have to take action within certain deadlines to receive benefits, such as completing and submitting a Claim. If you do nothing, you may not receive benefits from the settlement, and, as a Class Member, you will not be able to sue the Released Parties about the issues in the lawsuit.
Enhanced Inflator Recovery Program: Pursuant to the Enhanced Inflator Recovery Program and at Honda’s direction, the Settlement Claims Administrator shall locate, identify, purchase, recover, and destroy airbag assemblies containing Inflators (for recovery of undeployed Inflators, the airbag modules containing Inflators) in or from Class Members’ Subject Vehicles that have been recalled as of April 12, 2023. This Enhanced Inflator Recovery Program does not apply to Inflators (or airbag modules containing an Inflator) that were previously recovered and purchased by Honda under a separate program administered by the Settlement Claims Administrator. This Enhanced Inflator Recovery Program excludes Inflators that have not been recalled as of April 12, 2023.
If the Inflators in Class Members’ Subject Vehicles that have been recalled as of April 12, 2023 have deployed, the Settlement Claims Administrator shall, to the extent reasonably practicable, locate and identify such Inflators and ask the Class Member to submit specified geotagged pictures and documentation, as per RAS’s requirements, for verification of such deployed Inflators.
To the extent reasonably practicable, a website for the Enhanced Inflator Recovery Program shall be created (“Settlement Website”) and overseen by the Settlement Claims Administrator which will (i) make available to Class Members information applicable to Subject Vehicles; (ii) allow Class Members to upload batches of VINs for batch processing and comparison to a list of VINs maintained by the Settlement Claims Administrator to determine which, if any, Inflators are subject to purchase under the Enhanced Inflator Recovery Program;
(iii) direct Class Members to submit claims under the Enhanced Inflator Recovery Program for the purchase of Inflators in Subject Vehicles that have been recalled as of April 12, 2023 or payment for deployed Inflators in Subject Vehicles that have been recalled as of the April 12, 2023; and
(iv) allow Class Members to submit claims under the Enhanced Inflator Recovery Program at/after the Effective Date.
For implementation of the Enhanced Inflator Recovery Program for recovered airbag assemblies containing Inflators (for recovery of undeployed Inflators, the airbag modules containing Inflators) that have been recalled as of April 12, 2023, Honda, through the Settlement Claims Administrator, shall pay eligible Class Members a total of $69.00 for a passenger side airbag module containing an Inflator and $63.25 for a driver side airbag module containing an Inflator, both of which are 15% more per recovered airbag module containing an Inflator than Honda previously paid to recover Takata inflators.
For implementation of the Enhanced Inflator Recovery Program for deployed Inflators that have been recalled as of April 12, 2023, Honda, through the Settlement Claims Administrator, shall pay eligible Class Members a total of $15 per Inflator. Honda is implementing this portion of the Enhanced Inflator Recovery Program in connection with the Settlement.
The Settlement Claims Administrator shall coordinate with, notify, and provide monthly updates to Honda regarding the results of the implementation of the Enhanced Inflator Recovery Program.
Honda shall enter into a written, legally enforceable agreement with RAS (the “RAS Inflator Recovery Program Agreement”) that memorializes the terms of the Enhanced Inflator Recovery Program as described above. Under the terms of the Settlement Agreement, Honda shall have a continuing obligation until the termination of the Enhanced Inflator Recovery Program to periodically monitor RAS’s compliance with the terms of the RAS Inflator Recovery Program Agreement. If Honda determines that RAS has breached the agreement, Honda shall take necessary and reasonable steps to enforce the terms of the RAS Inflator Recovery Program Agreement. Honda will provide Settlement Class Counsel with a copy of the agreement within two weeks of its execution and Settlement Class Counsel shall keep this agreement confidential.
The Enhanced Inflator Recovery Program shall run for a total of two years, measured from the date of implementation. Honda, at its sole discretion, may implement the Enhanced Inflator Recovery Program prior to the occurrence of the Effective Date, and it did so beginning on April 1 2023.
To the extent practicable, the duties of the Settlement Claims Administrator are to receive, review, and process the claims submitted to the Enhanced Inflator Recovery Program by Class Members (“Claims”) to determine whether Claims satisfy the criteria for payment specified in the Settlement Agreement. For validated Claims, the Settlement Claims Administrator shall request funding from Honda for payment to eligible Class Members for the validated Claims for the Subject Vehicles. For deficient Claims, the Settlement Claims Administrator shall provide a notice of deficiency to the Class Members describing the deficiency and providing the Class Member with 45 days measured from the date of the notice of deficiency, to cure the defect. If the Claims are not cured within the time period, the Claims shall be denied. The Settlement Claims Administrator shall have the authority to determine whether the Claims are complete, timely, and valid/deficient/invalid, and its decision shall be final and not appealable. The Settlement Claims Administrator shall provide periodic reports to counsel for Honda and Settlement Class Counsel, but not more often than quarterly.
Class Members who did not exclude themselves from the Class released Honda and the Released Parties from liability and are not be able to sue the Released Parties about the issues in the lawsuit. The Settlement Agreement at Section VII describes the released claims in necessary legal terminology, so read it carefully. For ease of reference, the full release section and the definition of Released Parties appears in Appendix A to the Notice. The Settlement Agreement is available on this website. You can talk to one of the lawyers listed in Question 13 below for free or you can talk to your own lawyer at your own expense if you have questions about the released claims or what they mean. If you want to keep the right to sue or continue to sue Honda or the Released Parties over the legal issues in the lawsuit, then you must take steps to exclude yourself from this settlement. This is also known as “opting out” of the Class.
Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Settlement Class Counsel”: Peter Prieto of Podhurst Orseck, P.A., is Chair Lead Counsel, and David Boies of Boies Schiller & Flexner, L.L.P. and Todd A. Smith of Smith LaCien L.L.P. are Co-Lead Counsel. Roland Tellis of Baron & Budd P.C., James Cecchi of Carella Byrne Cecchi Olstein P.C., and Elizabeth Cabraser of Lieff, Cabraser, Heimann & Bernstein, LLP are the Plaintiffs’ Steering Committee members. Their contact information is as follows:
Peter Prieto PODHURST ORSECK, P.A. SunTrust International Center One S.E. 3rd Avenue, Suite 2300 Miami, Florida 33131 Tel: (305) 358-2800 URL: www.podhurst.com Chair Lead Counsel | David Boies BOIES, SCHILLER & FLEXNER, L.L.P. 575 Lexington Avenue New York, NY 10022 Tel: (305) 539-8400 URL: www.bsfllp.com Co-Lead Counsel for the Economic Loss Track |
Todd A. Smith | Roland Tellis |
Smith LaCien LLP | BARON & BUDD |
70 West Madison St., Suite 2250 | 15910 Ventura Blvd. #1600 Encino, CA 91436 |
Chicago, IL 60602 | Tel: (818) 839-2333 |
Tel: (312)509-8900 | |
Email: [email protected] | URL: www.baronbudd.com |
Plaintiffs’ Steering Committee | |
Co-Lead Counsel for the Economic Loss Track |
|
James E. Cecchi | Elizabeth J. Cabraser |
CARELLA, BYRNE, CECCHI, OLSTEIN, | LIEFF CABRASER HEIMANN & |
BRODY & AGNELLO, PC | BERNSTEIN, LLP |
5 Becker Farm Road | 275 Battery Street, 29th Floor |
Roseland, NJ 07068 | San Francisco, CA 94111 |
Tel: (973)994-1700 | Tel: (415)956-1000 |
URL: www.carellabyme.com | URL: www.lchb.com |
Plaintiffs’ Steering Committee | Plaintiffs’ Steering Committee |
The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other information about the settlement and the Claim Form on this website. You can also call the toll-free number, 1-833-630-4683, or write the Settlement Notice Administrator at