Frequently Asked Questions
- When will I receive my settlement check?
- How do I obtain coverage under the Extended Warranty?
- If a Toyota Dealer denies my Extended Warranty, can I appeal?
- What is this case about?
- How do I know if I am a Settlement Class Member?
- What do I get from the settlement?
- What are my options?
- What am I giving up to remain in the Settlement Class?
- When is the Fairness Hearing?
- When is the Effective Date of Settlement?
- Who are Class Counsel?
- How do I submit a claim for reimbursement?
- How do I opt out of the settlement?
- How do I object to the settlement?
- Where can I find additional information?
1. When will I receive my settlement check?
Settlement checks will be mailed to initially approved claims starting in November. Subsequent distributions of settlement checks will continue to occur as claims are processed. Please be patient.
2. How do I obtain coverage under the Extended Warranty?
The Extended Warranty will take effect on the Effective Date of Settlement, August 24, 2010. For more information on the Effective Date of Settlement, click here. If you seek to have a cracked Genuine Toyota windshield replaced in a 2006 model-year Scion xB after that date and within the first six years or 60,000 miles of original retail sale or lease of the Class Vehicle (whichever comes first), you must present your Class Vehicle to an authorized Toyota dealership to determine whether your windshield qualifies for coverage under the Extended Warranty. If an authorized Toyota dealer determines your windshield is eligible for replacement, it will be replaced once under the Extended Warranty, provided you have not been reimbursed for a previous replacement under this settlement and you are otherwise eligible.
NOTE: Settlement Class Members who have windshields replaced after the Effective Date of Settlement by anyone other than an authorized Toyota dealer shall not be reimbursed for the cost of that replacement. For more information on the Effective Date of Settlement, click here.
If your Extended Warranty claim is denied, you may appeal the denial. For more information on the appeals process, please see the next Frequently Asked Question.
3. If a Toyota Dealer denies my Extended Warranty, can I appeal?
Yes, if a dealer denies your Extended Warranty claim, the dealer will give you instructions about how to appeal that denial. To appeal a denial of an Extended Warranty claim, you will be required to fill out and mail in a form that contains information so that your appeal can be processed. The appeal will be reviewed by and decisions will be made by the Settlement Administrator, who is a neutral third party. The option to appeal will not be available until after the Effective Date of the Settlement. For more information on the Effective Date of Settlement, click here. For a copy of the Denied Windshield Repair Form, click here.
Plaintiff Justin Bauer filed suit in July 2007 against Toyota Motor Sales, U.S.A., Inc., alleging, among other things, that the windshields of 2006 model-year Scion xBs are affected by one or more defects that cause their windshields to have a propensity to crack under circumstances that would not cause non-defective windshields to crack (sometimes referred to as the "Windshield Cracking Condition"), and that Toyota’s failure to disclose this information to the consuming public violated various statutes and duties. Toyota denied each and every one of Plaintiff’s allegations, denied any wrongdoing of any kind, and asserted that it had a number of dispositive legal and factual defenses to those claims.
5. How do I know if I am a Settlement Class Member?
You are a Settlement Class Member if you are a resident of the United States, the District of Columbia or a U.S. territory and you are or were a registered owner or lessee of a 2006 model-year Scion xB as of January 4, 2010.
The following persons are NOT Settlement Class members:
- Persons who purchase or lease a 2006 model-year Scion xB after January 4, 2010;
- Toyota and its subsidiaries, affiliates, officers, directors and employees;
- Persons who have claimed personal injuries as a result of the alleged windshield condition;
- Persons who have filed separate, non-class legal actions against Toyota asserting claims relating to the alleged windshield condition;
- Persons who have pursued a claim against, and reached a verdict against or settled with Toyota from individual claims substantially similar to those alleged in the Action relating to the alleged windshield condition; and
- Persons who validly opt out of the settlement by timely filing a valid Request to Opt Out.
6. What do I get from the settlement?
If the proposed settlement is approved, the windshield warranty for 2006 model-year Scion xB Class Vehicles will be extended to six years or 60,000 miles from the date of original retail sale or lease of the Class Vehicle, whichever is first. The Extended Warranty shall cover all cracks to Genuine Toyota windshields unless it is obvious that the crack was caused by something that would normally cause a windshield to crack (e.g., a collision with another vehicle or stationary object, a natural disaster, vandalism, a baseball, or the like).
Each Settlement Class Member is potentially eligible to seek ONE of the following two remedies ONE time:
- Reimbursement Program: If you are a Settlement Class Member who paid to repair or replace a cracked Genuine Toyota windshield installed in a 2006 model-year Scion xB prior to the Effective Date of Settlement, you may seek reimbursement for that expense provided that the repair or replacement occurred within the first six years or 60,000 miles from the date of original retail sale or lease of the Class Vehicle (whichever comes first) and you timely file a properly filled out Claim Form. For more information on the Effective Date of Settlement, click here. For a Claim Form, click here.
- Windshield Replacement Under the Extended Warranty: If you seek to replace a cracked windshield in your 2006 model-year Scion xB after the Effective Date of Settlement but within the first six years or 60,000 miles from the date of original retail sale or lease of the Class Vehicle (whichever comes first) you may be eligible to have that windshield replaced for free under the Extended Warranty, provided you present your Class Vehicle to an authorized Toyota Dealer to determine whether you qualify for a free replacement under the Extended Warranty before replacing the windshield. No diagnostic procedure (including but not limited to the "pen test" or its equivalent) other than a visual inspection when seeking coverage under the replacement program shall be used to evaluate eligibility for coverage. For more information on the Effective Date of Settlement, click here.
- Do nothing now and remain in Class: You may do nothing at this time, which would leave you in the Settlement Class and allow you to file a claim for benefits, which you will receive if the settlement is approved and if you qualify. This will result in a release and dismissal of your claims against Toyota and the Released Parties for all Released Claims related to the Windshield Cracking Condition. For more information on this Release, please click here. Your Claim Form must be postmarked by September 23, 2010, and received by the Settlement Administrator no later than October 4, 2010, in order to be eligible. These dates are subject to change.
- File a claim and remain in Class: The filing deadline for submitting a Claim Form has passed.
- Exclude yourself/Opt Out of the Class: The deadline for submitting a request for exclusion has passed.
- Object to the Settlement: The deadline for submitting an objection has passed.
For current important dates and deadline information, please visit our Important Dates and Deadlines page.
8. What am I giving up to remain in the Settlement Class?
If the settlement is approved by the Court, the Action will be dismissed with prejudice as to Plaintiff and Settlement Class Members and without prejudice as to others. If you are a Settlement Class Member, this will result in a release and dismissal of your claims against Toyota and the Released Parties for all Released Claims related to the Windshield Cracking Condition. "Released Parties" and "Released Claims" are defined in this section. Please read it carefully.
Once judgment of the Court in accordance with this settlement has been entered and all appeals resolved favorably to the judgment or, if no appellate review is sought, the time in which to do so has passed, the Plaintiff and the Settlement Class Members, as well as their respective heirs, executors, administrators, personal representatives, successors-in-interest, trustees, and assigns, shall be deemed to have, and by operation of the judgment shall have, fully, finally, and forever settled, released, relinquished, and discharged any and all Released Claims against the Released Parties (or any of them).
Here are further details of the release provided in the Settlement Agreement:
"Released Parties" means Toyota Motor Sales, U.S.A., Inc. ("TMS"), Toyota Motor Corporation and authorized Toyota distributors in Hawaii and U.S. Territories, and each of such foregoing entities’ present and former officers, directors, employees, agents, heirs, executors, administrators, successors, reorganized successors, spin-offs, assignees, subsidiaries, affiliates, parents, divisions, and predecessors, and further includes the suppliers, vendors, dealers, and sub-distributors of TMS, Toyota Motor Corporation and authorized Toyota distributors in Hawaii and U.S. Territories.
"Released Claims" shall collectively mean all claims, demands, rights, liabilities and causes of action relating to the Windshield Cracking Condition in Class Vehicles whatsoever that were or could have been brought by the Settlement Class in the Class Action, known or unknown, matured or unmatured, whether at law or in equity, whether before a local, state or federal court, tribunal, administrative agency or commission, and whether now liquidated or unliquidated, whether or not concealed or hidden, asserted or that might have been asserted, including under any federal, state or local consumer-protection statute or administrative rule or regulation, or under any other state or federal statute, rules, or regulations, by Plaintiff or any Settlement Class Member (together with their predecessors, successors, representatives, parents, subsidiaries and affiliates, and the heirs, executors, administrators, successors and assignees) against TMS or the Released Parties, arising out of, based upon, or related to the Windshield Cracking Condition in Class Vehicles, including any and all claims arising out of, based upon or related to the settlement or resolution of the Class Action, provided that nothing in this Release is intended to relieve TMS or the Released parties for liability for breach of the Settlement Agreement. "Released Claims" shall also include, but not be limited to, all claims or causes of action that relate to the design, testing, manufacture, distribution, sale, advertising, service or repair of Class Vehicles relating to the Windshield Cracking Condition. The "Released Claims" shall also include, but is not limited to, all claims made, or that could have been made, in tort or contract alleging breach of warranty or violation of California’s Unfair Competition Law, Consumer Legal Remedies Act or Song-Beverly Consumer Warranty Act as they pertain to the Windshield Cracking Condition in Class Vehicles. "Released Claims" shall include all claims in equity, including, but not limited to, restitution, rescission of contract, disgorgement of profits and injunctive relief as they pertain to the Windshield Cracking Condition in Class Vehicles. "Released Claims" shall include, but is not limited to, any causes of action that might be brought under any similar or comparable state laws in the United States, the District of Columbia or U.S. territories as they pertain to the Windshield Cracking Condition in Class Vehicles. "Released Claims" does not include any claims arising out of, based upon or related to personal injury or wrongful death, regardless of whether the claim is brought in an action or matter making allegations pertaining to the Windshield Cracking Condition or its effects, and regardless of whether such claims arose before or after the settlement. "Released Claims" also does not include claims arising out of a breach of this Settlement Agreement. Notwithstanding the foregoing, Released Claims do not include claims against dealers for the dealer’s own negligence or other conduct independent of Toyota’s in connection with the installation or repair of windshields in Class Vehicles.
The Settlement Agreement provides for the following release:
"The obligations under this Settlement Agreement shall be in full and final disposition of this action and of any and all Released Claims as against all Released Parties. On the Effective Date of Settlement, Plaintiff and the Settlement Class shall be deemed to have, and by operation of the Order and Final Judgment shall have fully, finally and forever released, relinquished, and discharged the Released Parties with respect to each and every Released Claim, including unknown claims and shall forever be enjoined from prosecuting any claim or action against any of the Released Parties with respect to each and every Released Claim or unknown claim.
The undersigned parties further understand and agree that, with respect to all such claims, causes of action, liabilities and/or demands against each other, this Settlement Agreement constitutes a general release. All parties have been advised of and fully understand the provisions of Section 1542 of the California Civil Code, and on that basis, expressly and specifically waive all rights under said statute and any law of any state or territory of the United States, federal law or principle of common law, or of international or foreign law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
TMS, the Released Parties, Plaintiff and/or Settlement Class Members may hereafter discover facts in addition to or different from those which they now know or believe to be true, but hereby stipulate and agree that upon the entry of the Order and Final Judgment, they do fully, finally, and forever settle and release any and all of the claims described in this paragraph, whether known or unknown, suspected or unsuspected, contingent or non contingent, whether or not concealed or hidden from existence, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such difference or additional facts. In no event, however, does Plaintiff or Settlement Class Members waive or intend to waive any claim for personal injury or wrongful death due to the Windshield Cracking Condition (other than a crack to the windshield itself) against TMS or the Released Parties, regardless of whether such claim arose before or after the settlement, and regardless of whether the claim is brought in an action or matter making allegations pertaining to the Windshield Cracking Condition. The Parties acknowledge that the foregoing waiver was bargained for and is a material element of the Settlement Agreement. The Parties also acknowledge that the foregoing waiver shall be null and void if (a) the Court does not grant final approval to the Settlement Agreement, (b) the approval of the Settlement Agreement or the settlement is reversed on appeal, or (c) the Final Order and Judgment is reversed on appeal."
9. When is the Fairness Hearing?
A Fairness Hearing will be held on July 15, 2010, before the Honorable Emilie H. Elias, Department 324, at the Los Angeles Superior Courthouse, 600 S. Commonwealth Avenue, Los Angeles, California, 90005. The purpose of the Fairness Hearing will be to determine, among other things: (i) whether the terms of the settlement are fair, reasonable, and adequate and should be approved by the Court; (ii) whether the Court should enter a Final Order approving the settlement and dismissing the claims against Toyota; (iii) whether the Court should approve the application for attorneys’ fees and expenses filed by Class Counsel; and (iv) whether the Court shall award an additional amount to the Plaintiff for the time and effort he put into bringing and prosecuting this action on behalf of the Settlement Class. We do not know how long it will take the Judge to make her decision.
The Settlement Class will be represented at the Fairness Hearing by Class Counsel. If you are a member of the Settlement Class and would like to speak at the Fairness Hearing to express your point of view about or object to the proposed settlement, you may appear personally or through a lawyer you retain at your expense. To do so, you must file with the Clerk of the Court and serve upon Toyota and Class Counsel a Notice of Intention to Appear at the Fairness Hearing by June 30, 2010. The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that you (or your counsel) will present to the Court in connection with the Fairness Hearing. If you do not comply with these procedures, the Judge may preclude you from speaking at the Fairness Hearing.
The date of the Fairness Hearing and deadline for serving a Notice of Intention to Appear are subject to change. For current important dates and deadline information, please visit our Important Dates and Deadlines page.
10. When is the Effective Date of Settlement?
If the settlement is approved by the Court, it will become effective when the Court’s ruling is no longer subject to appeal or, if an appeal is taken, when and if the Court’s ruling is finally approved in favor of the settlement. The time when the settlement becomes effective, if it does, is the "Effective Date of Settlement." Once the Effective Date of Settlement is determined, it will be posted on this website on the Important Dates and Deadlines page.
The Effective Date of Settlement is important because it is the date after which an eligible Settlement Class Member who seeks to have his/her cracked Genuine Toyota windshield replaced in his/her 2006 model-year Scion xB must first present that Class Vehicle to an authorized Toyota dealer so that the dealer may determine whether the Settlement Class Member’s Class Vehicle and windshield qualifies for coverage under the replacement program. Settlement Class Members who replace their windshields after the Effective Date of Settlement without obtaining approval from an authorized Toyota dealer are not eligible to seek reimbursement for those expenses.
The claims filing postmark deadline is also dependent upon the Effective Date of Settlement. The claims filing postmark deadline is to occur thirty days after the Effective Date of Settlement.
The Effective Date of Settlement occured on August 24, 2010. The claims filing postmark deadline was September 23, 2010.
Class Counsel represents the Settlement Class. You do not need to pay for these attorneys. Class Counsel will be paid by Toyota. You may seek the advice of your own attorney, at your own expense, if you desire. Class Counsel for this settlement is
Jeffrey L. Fazio and Dina E. Micheletti
Fazio | Micheletti LLP
2410 Camino Ramon, Ste. 315
San Ramon, CA 94583
E-mail: info@fazmiclaw.com
Website: www.fazmiclaw.com
12. How do I submit a claim for reimbursement?
The filing deadline for submitting a Claim Form has passed.
13. How do I opt out of the settlement?
The deadline to submit a request for exclusion has passed.
14. How do I object to the settlement?
The deadline to submit an objection has passed.
15. Where can I find additional information?
The Settlement Agreement and related documents, as well as the pleadings in the Action, are on file in the office of the Clerk of the Superior Court of Los Angeles, 600 S. Commonwealth Avenue, Los Angeles, California 90005, and are available for review during normal business hours. You may also obtain a copy of the Settlement Agreement and other information about this litigation and settlement by visiting the Court Documents page.
You may also seek the advice of your own attorney if you desire.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK FOR INFORMATION ABOUT THIS CASE.