In Re: Takata Airbag Products Liability Litigation (Economic Loss Track Cases) Frequently Asked Questions

Honda Settlement
No. 1:15-MD-02599-FAM

If you do not find an answer to your question below, click here to contact us.


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 lawsuit alleges that certain automotive companies, including Honda, manufactured, distributed, or sold certain vehicles containing allegedly defective Takata airbag inflators manufactured by Defendants Takata Corporation and TK Holdings, Inc. The inflators allegedly could, upon deployment, rupture and expel debris or shrapnel into the occupant compartment and/or otherwise affect the airbag’s deployment. Plaintiffs allege they overpaid for certain Subject Vehicles as a result of the defect.

The lawsuit claims violations of various state consumer protection statutes, among other claims. You can read the Second Amended Consolidated Class Action Complaint filed by certain recyclers in the Documents section of this website. Honda denies that it has violated any law, denies liability, and denies that it engaged in any wrongdoing with respect to the manufacture, distribution, or sale of the Subject Vehicles.

On January 13, 2017, the Takata Corporation signed a criminal plea agreement in which it admitted, among other things, that it “knowingly devised and participated in a scheme to obtain money and enrich Takata by, among other things, inducing the victim OEMs to purchase airbag systems from Takata that contained faulty, inferior, nonperforming, non-conforming, or dangerous PSAN inflators by deceiving the OEMs through the submission of false and fraudulent reports and other information that concealed the true and accurate test results for the inflators which the OEMs would not have otherwise purchased as they were.” On the same day, an indictment of three Takata employees on related charges was unsealed. Takata entered a guilty plea to one count of wire fraud as part of a settlement with the U.S. Department of Justice. See U.S. v. Takata Corp., No. 2:16-cr-20810, Dkt. No. 23 (E.D. Mich. Feb. 27, 2017).

The recycler Plaintiffs filed their First Amended Consolidated Class Action Complaint against Defendants on May 18, 2018. In response, the Automotive Defendants filed Motions to Dismiss. The Court granted in part and denied in part the Motions to Dismiss on March 9, 2021. The Court dismissed the following claims against Honda: RICO claim for the nationwide class; Lanham Act for all Plaintiffs; fraudulent concealment and fraudulent misrepresentation claims for Tennessee and North Carolina; violation of the Georgia Uniform Deceptive Trade Practices Act; and Violation of the Tennessee Consumer Protection Act. The claims remaining against Honda were: violation of the Florida Deceptive and Unfair Trade Practices Act; Violation of the North Carolina Unfair and Deceptive Trade Practices Act; Violation of the Texas Consumer Protection Act; and fraudulent concealment and fraudulent misrepresentation claims under Georgia, Florida, Missouri, Texas, and Virginia law.

On April 24, 2021, the Plaintiffs filed a Second Amended Class Action Complaint. This Complaint was corrected by Plaintiffs on May 7, 2021, and this is the operative pleading for Plaintiffs’ claims at this time. Honda answered the Second Amended Class Action Complaint on May 21, 2021.

A detailed description of the legal proceedings, including motions to dismiss, is set forth in the Settlement Agreement, which is in the Documents section of this website.

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

Email: [email protected]

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

Email: [email protected]

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]

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

Email: [email protected]

Email: [email protected]

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

Dunn v. Takata
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
This website is authorized by the Court, supervised by counsel, and controlled by the Settlement Notice Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-630-4683
Mail
Dunn v. Takata
Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

Important Dates

  • Settlement Implemented

    Saturday, April 1, 2023 The Settlement was implemented on Saturday, April 1, 2023.
  • Claim Form Deadline

    Monday, March 31, 2025 Class Members will have two years from April 1, 2023 to March 31, 2025 to submit a Claim online or via a smartphone app.
  • Objection Deadline

    Wednesday, October 4, 2023 This deadline has passed.
  • Exclusion Deadline

    Wednesday, October 4, 2023 This deadline has passed.
  • Fairness Hearing Date

    Friday, November 3, 2023 This event has occurred.

Copyright © 2024 Kroll Settlement Administration - All Rights Reserved. This site is designed and developed by Kroll Settlement Administration - Privacy Policy