Simerlein et al., v. Toyota Motor Corporation et al., Class Action Settlement


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT
Case No. 3:17-cv-01091-VAB


IF YOU OWN OR LEASE OR PREVIOUSLY OWNED, PURCHASED, OR LEASED CERTAIN TOYOTA SIENNA VEHICLES, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT.


There is a proposed Settlement that has been preliminarily approved by the Court in a class action lawsuit against Toyota Motor Corporation, Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Manufacturing, Indiana, Inc. (“Toyota”) concerning certain Toyota Sienna vehicles.  If you are included in the Settlement you have legal rights and options and deadlines by which you must exercise them.

You are included in the Settlement if you owne(d), purchase(d) or lease(d) 2011 through 2018 model year Toyota Sienna vehicles, which are referred to in this Notice as “Subject Vehicles.”

The Settlement offers several benefits including a Customer Confidence Program providing prospective coverage for certain repairs to certain sliding door parts of the Subject Vehicles, a Loaner Vehicle to eligible Class members (whose Subject Vehicles are undergoing repairs that are covered by the Customer Confidence Program that will exceed four hours to complete), and reimbursement of certain out-of-pocket expenses.  Each of these are described in more detail below, in the Settlement agreement, and in the FAQ section of this Settlement website.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

YOU MAY:

 

DATE/CLAIM PERIOD

SEEK COVERAGE  UNDER THE CUSTOMER CONFIDENCE PROGRAM

You may have your Subject Vehicles’ sliding doors inspected by an authorized Toyota Dealer at no cost to you. Each Subject Vehicle is eligible for one inspection within one year from the date of entry of Final Order and Final Judgment.  Pursuant to this paragraph and upon a Class Member’s request to an authorized Toyota Dealer to inspect a Subject Vehicle’s sliding doors, the Toyota Dealer will inspect the Subject Vehicle’s sliding doors based on the Inspection Protocol.  Depending on the results of the Inspection Protocol, the Toyota Dealer, if necessary, may conduct certain repairs to your Subject Vehicle’s sliding door cable sub-assembly, sliding door center hinge assembly, fuel door pin and fuel door hinge, sliding door front lock assembly, sliding door rear lock assembly, or G04 recall remedy kit.

You may also request a Loaner Vehicle while your Subject Vehicle is undergoing a repair pursuant to the Settlement Agreement. You are eligible to receive a Loaner Vehicle if your Subject Vehicle is undergoing a repair covered by the Customer Confidence Program that will exceed four hours to complete. In appropriate circumstances, where the Class Member has a demonstrated need for a Loaner Vehicle similar to the Subject Vehicle, Toyota, through its dealers, shall use good faith efforts to satisfy the request.


You do not need to do anything to seek coverage under the Customer Confidence Program.  If you do not exclude yourself from the Settlement, and the Settlement is finally approved, you will automatically be able to participate in the Customer Confidence Program. 


The duration of prospective coverage for the sliding door cable sub-assembly, sliding door center hinge assembly, fuel door pin and fuel door hinge will begin following the date of Final Order and Final Judgment and run for ten (10) years from the date of First Use of the Subject Vehicle.


The duration of prospective coverage for the sliding door front lock assembly for model years 2017–2018 will begin following the date of Final Order and Final Judgment and run for ten (10) years from the date of First Use.  For model years 2011–2016 Subject Vehicles, the current Warranty Enhancement Program ZH4, which is applicable for nine years from the Subject Vehicle’s date of First Use, will be extended by one additional year.


The duration of prospective coverage for the sliding door rear lock assembly for model years 2016–2018 will begin following the date of Final Order and Final Judgment and run for ten (10) years from the date of First Use.  For model years 2011–2015, the current Warranty Enhancement Program ZH5, which is applicable for nine years from the Subject Vehicle’s date of First Use, will be extended by one additional year.


The G04 Recall Remedy Kit’s warranty for model years 2011–2016 will be extended an additional one year – for a total of two years – from the date the G04 Recall Remedy was performed.  If the G04 Recall Remedy was performed more than one year prior to the date of entry of the Final Order and Final Judgment, then the Customer Confidence Program will provide an additional one year of coverage for the G04 Recall Remedy Kit from the date of entry of the Final Order and Final Judgment.


FILE A CLAIM 
TO SEEK REIMBURSEMENT

You may submit Claims for previously paid out-of-pocket expenses incurred to address a condition that is covered by the Customer Confidence Program that were not otherwise reimbursed and that were incurred prior to March 1, 2019.  This is the only way that you can get reimbursed.

The deadline to submit Claim Forms is sixty (60) days after the Court issues the Final Order and Final Judgment, which will occur, if approved, after the Fairness Hearing which will not be earlier than 60 days after June 4, 2019.

EXCLUDE 
YOURSELF


Ask to get out (opt out) of the proposed Settlement.  If you do this, you are not entitled to any of the Settlement benefits, but you keep your right to sue Toyota about the issues in your own lawsuit.

May 3, 2019

OBJECT

Write to the Court about why you do not like the proposed Settlement.

May 3, 2019

APPEAR IN THE 
LAWSUIT OR GO
TO THE FAIRNESS HEARING

You are not required to enter an appearance in the lawsuit in order to participate in the proposed Settlement, but you may enter an appearance on your own or through your own lawyer in addition to filing an objection if you do not opt out.  You can also ask to speak in Court at the Fairness Hearing about the proposed Settlement, if you have previously filed an objection and submitted a timely notice of intention to appear at the Fairness Hearing.

June 4, 2019 at 
11:00 a.m. Eastern time

DO NOTHING

You will be included in the Class but may not receive certain Settlement benefits that you may otherwise be eligible for, such as reimbursements for certain out-of-pocket expenses and you give up the right to sue Toyota about the issues in the lawsuit.  

 


You are encouraged to periodically check this website as it will be updated with additional information.

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.

For more information please call 1-833-305-3915

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • File a Claim to Seek Reimbursement

    Friday, August 2, 2019 You must submit your Claim Form on-line by a date to be set, which will not be earlier than 60 days after June 4, 2019, or mail your completed paper Claim Form so that it is postmarked no later than a date to be set, which will not be earlier than 60 days after June 4, 2019.
  • Deadline to Object to the Settlement

    Friday, May 3, 2019 You must mail your written objection to the Clerk of Court so that it is received and filed no later than May 3, 2019.
  • Deadline to Exclude Yourself from the Settlement

    Friday, May 3, 2019 You must complete and mail your request for exclusion form so that it is postmarked no later than May 3, 2019.
  • Deadline to ask the Court for permission to speak at Fairness Hearing

    Friday, May 3, 2019 You must mail your “Notice of Intent to Appear” to the Clerk of Court so that it is received and filed no later than May 3, 2019.
  • Fairness Hearing

    Tuesday, June 4, 2019

    The Fairness Hearing is currently scheduled for June 4, 2019 at 11:00am Eastern.

    Please check this website for updates as the hearing date is subject to change.

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