Announcing a Class Action Settlement Involving Current or Former Owners or Lessees of Certain Ford, Lincoln, and Mercury Vehicles
MIAMI, Oct. 9, 2018 /PRNewswire/ -- A settlement has been reached in a class action lawsuit alleging that consumers sustained economic losses because they purchased or leased vehicles from Ford Motor Company containing allegedly defective airbags manufactured by Takata Corporation and its affiliates. The Settlement includes certain vehicles made by Ford (the "Subject Vehicles"). Ford denies any and all allegations of wrongdoing and the Court has not decided who is right.
Owners or lessees of Subject Vehicles who have already received a separate "Parts Available" recall notice for their Ford vehicle and have not yet had their Takata airbag repaired should do so as soon as possible. When recalled Takata airbags deploy, they may spray metal debris toward vehicle occupants and may cause serious injury. However, many Ford vehicles affected by this settlement have not been recalled. Please see www.AirBagRecall.com for further details about which vehicles have been recalled, and what owners or lessees of recalled vehicles should do.
The Settlement includes the following persons and entities:
- Owners or lessees, as of September 5, 2018, of a Subject Vehicle that was distributed for sale or lease in the United States or any of its territories or possessions, and
- Former owners or lessees of a Subject Vehicle that was distributed for sale or lease in the United States or any of its territories or possessions, who, between June 19, 2014 and September 5, 2018, sold or returned pursuant to a lease, a Subject Vehicle that was recalled before September 5, 2018.
A full list of the Subject Vehicles can be found at www.AutoAirbagSettlement.com. The Settlement does not involve claims of personal injury.
Ford has agreed to a Settlement with a value of approximately $299.1 million, including a 20% credit for the Enhanced Rental Car/Loaner Program. The Settlement Funds will be used to pay for Settlement benefits and cover the costs of the Settlement over an approximately four-year period.
The Settlement offers several benefits for Class Members, including (1) payments for certain out-of-pocket expenses incurred related to a Takata airbag recall of a Subject Vehicle, (2) a Rental Car/Loaner Program while certain Subject Vehicles are awaiting repair, (3) an Outreach Program to maximize completion of the recall remedy, (4) additional cash payments to Class Members from residual settlement funds, if any remain, and (5) a Customer Support Program to help with repairs associated with affected Takata airbag inflators and their replacements. The Settlement website explains each of these benefits in detail.
Class Members must file a claim to receive a payment during the first four years of the Settlement. If a Class Member still owns or leases a Subject Vehicle, they must also bring it to an authorized dealership for the recall remedy, as directed by a recall notice, if they have not already done so. Class Members can visit www.AutoAirbagSettlement.com and file a claim online or download one and file by mail. The deadline to file a claim will be at least one year from the date the Settlement is finalized and will be posted on the website when it's known.
Class Members who do not want to be legally bound by the Settlement must exclude themselves by November 26, 2018. If Class Members do not exclude themselves, they will release any claims they may have against Ford, in exchange for certain settlement benefits. The potential available benefits are more fully described in the Settlement, available at the settlement website. Class Members may object to the Settlement by November 26, 2018. Class Members cannot both exclude themselves from, and object to, the Settlement. The Long Form Notice for the Settlement available on www.AutoAirbagSettlement.com explains how Class Members can exclude themselves or object. The Court will hold a fairness hearing on December 11, 2018 to consider whether to finally approve the Settlement and a request for attorneys' fees of up to 25% of the total Settlement Amount and incentive awards of $5,000 for each of the Class Representatives. Class Members may appear at the fairness hearing, either by themselves or through an attorney they hire, but don't have to. For more information, including the relief, eligibility and release of claims, in English or Spanish, call 1-888-735-5596 or visit www.AutoAirbagSettlement.com.
SOURCE United States District Court, Southern District of Florida
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