SAN FRANCISCO -
The Berman DeValerio law firm announced earlier this week that the class-action lawsuits in the U.S. against the Canadian Automobile Dealers Association and Toyota Motor Sales USA have been settled. Per the agreements, Toyota will pay $35 million (USD) and CADA is paying $700,000.
“The lawsuits are about an alleged conspiracy among several automakers to keep Canadian new car exports out of the U.S.,” the firm said in a statement. “Toyota and CADA assert that they have acted lawfully and independently and that there is no legal or factual basis for these lawsuits.”
The statement also noted: “The lawsuits claim that several automakers (Chrysler, Ford, GM, Honda, Nissan and Toyota) and a dealer association (CADA) conspired with each other to prevent cheaper, but virtually identical, new cars from being exported to the U.S. from Canada.
“The lawsuits allege that this violated state antitrust and consumer protection laws and caused new vehicle prices in the U.S. to be higher than they should have been,” it continued.
The firm further explained that the federal court ruled in favor of automakers that did not settle. This followed seven years of litigation.
And while these companies were dismissed from the federal case, there are still similar suits ongoing in state courts against some of these companies in seven U.S. states, those being Arizona, California, Florida, Minnesota, New Mexico, Tennessee and Wisconsin, officials explained.
Discussing the settlements of Toyota and CADA in more detail, Berman DeValerio said both “have agreed not to conspire or share information with others aimed at stopping Canada-to-U.S. new-vehicle exports.”
The firm further noted that the suggestion is that between $500,000 and $1 million of the payouts be put toward a nonprofit or government agency that either educates vehicle buyers or serves as an advocacy for these consumers.
The settlements will be up for approval at 10 a.m. EST on Feb. 18 in the U.S. District Court for the District of Maine.
“Attorneys for the class have not been reimbursed for nearly $10 million in out-of-pocket costs, including expert witness fees, and have not been paid any attorneys’ fees for litigating the case for over seven years and negotiating the settlements,” the firm explained.
“The court will consider whether to approve payment of attorneys’ fees and costs, combined, not to exceed 30 percent of the settlement funds plus interest to the attorneys for the Class. You may object to the request for attorneys’ fees and costs, in writing, by Jan. 28, 2011,” it added.
Explaining what entails a “Class Member,” Berman DeValerio said that they must live in the U.S. and have bought or leased a new model built by one of the below automakers from a U.S. dealer. The purchase or lease must have been from Jan. 1, 2001 to Dec. 31, 2006.
Acura
Audi
BMW
Buick
Cadillac
Chevrolet
Chrysler
Dodge
Ford
GMC     
Honda
Hummer
Infiniti
Jaguar
Jeep
Land Rover
Lexus
Lincoln
Mazda
Mercedes          
Mercury
Mini
Nissan
Oldsmobile
Plymouth
Pontiac
Saab
Saturn
Toyota
Volkswagen
Volvo
To file a claim for a payment, though, parties must be a Class Member and meet the following criteria, as listed by the firm:
1. You purchased or leased your new vehicle during the period Jan. 1, 2001 to April 30, 2003.
2. At the time of your purchase or lease, you resided in one of the following “Eligible States”: Arizona, Arkansas, California, Idaho, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, South Dakota, Tennessee, Vermont, West Virginia or Wisconsin. 
3. You purchased or leased from a dealer located in one of the Eligible States.
“You must submit a claim, which you should do online. A detailed Notice, available at the website, contains all the information you need to submit a claim,” the firm noted.
Continuing on, the firm listed what the options are for eligible Class Members:
1. If you want to be part of the proposed settlements and you are not eligible for a payment, you don’t need to do anything.
2. To get a payment, you must be eligible and file a claim. You should file your claim online at the website. Your claim must be submitted by Feb. 1, 2011.
3. If you do not want to be part of the settlements you must exclude yourself, in writing, by Jan. 28, 2011.
4. If you do not exclude yourself, you may object to either settlement, in writing, by Jan. 28, 2011.