If you purchased or leased a Honda Civic Hybrid (“HCH”) model year 2003 through 2009, you may be entitled to a cash payment and other benefits from a class action settlement.
A class action settlement has been reached in a class action lawsuit against American Honda Motor Co., Inc. (“American Honda Motor” or “Honda” or “Defendant”) pending in the Superior Court of the State of California County of San Diego (styled Logan and Anita Lockabey v. American Honda Motor Co., Inc., Class Action Case No. 37-2010-00087755-CU-BT-CTL) alleging, among other things, that the fuel economy estimates Honda advertised for the Honda Civic Hybrid could not be achieved under normal driving conditions, according to the Honda Civic Hybrid (“HCH”) Fuel Economy class action settlement notice.
The Honda Civic Hybrid (“HCH”) Fuel Economy Settlement Class and Subclass are defined as:
Settlement Class: All persons in the United States and/or the District of Columbia who purchased or leased other than for purposes of resale or distribution a Honda Civic Hybrid model years 2003 through 2009.
Settlement Subclass: A Subclass defined as all persons in the United States and/or the District of Columbia who purchased or leased other than for purposes of resale or distribution a Honda Civic Hybrid model year 2006, 2007 or 2008.
The Honda Civic Hybrid (“HCH”) Fuel Economy Settlement Class and Subclass include all original purchasers and lessees as well as any subsequent purchasers or lessees who purchased or leased a Class Vehicle on or before the Preliminary Approval Date. Specifically excluded from the Honda Civic Hybrid (“HCH”) Fuel Economy Settlement Class are the following persons: (i) Honda and its subsidiaries and affiliates, employees, officers, directors, agents, and representatives and their family members; (ii) Class Counsel; (iii) The judges who have presided over the Lawsuits; and (iv) All persons who have timely elected to become Opt-Outs from the Settlement Class in accordance with the Court’s Orders.
If the Court approves the proposed Honda Civic Hybrid (“HCH”) Fuel Economy settlement at the Final Approval Hearing and the settlement becomes Final (in other words, no longer subject to appeal and therefore in effect (the “Effective Date”)), Honda will provide the following benefits to eligible Settlement Class and Subclass members:
a. Cash Payments. All members of the Settlement Class who are dissatisfied with the fuel economy they have achieved in their Honda Civic Hybrids will be entitled to receive a cash payment of $100. Settlement Class Members who are satisfied with the fuel economy they have achieved in their vehicles are not entitled to the $100 cash payment. Subclass members who are dissatisfied with the performance of the hybrid battery in their Honda Civic Hybrid or the July 2010 Software Update will be eligible to receive an additional $100. Subclass members who are satisfied with the hybrid battery performance and the Software Update are not eligible to receive the additional $100.To obtain one or both of the cash payments, eligible Settlement Class Members must timely submit a completed Claim Form to the Settlement Administrator on or before the Claim Form deadline which will be six months from the Effective Date. The Claim Form deadline will be no sooner than October 15, 2012, but may be later. The Effective Date, once known, will be posted on www.hchsettlement.com. Please note that Claim Forms will not be processed until after the Effective Date, and monetary compensation and rebate certificates will not be issued until after the Effective Date.
b. Rebate Certificates. In addition to the cash payment, all Settlement Class Members will be entitled to request a rebate certificate entitling them to Option A or Option B below. In addition, Subclass members will be entitled to request an additional rebate certificate under Option B, for a total of two (2) rebate certificates.
OPTION A REBATE CERTIFICATE: Eligible Settlement Class Members are entitled to a $1,000 rebate on the purchase or lease of a new Honda or Acura vehicle from an authorized Honda dealer after the Effective Date and before the date of expiration on the Option A Rebate Certificate (“Redemption Period”). The Option A Rebate Certificate will be redeemable by mail through the Settlement Administrator within 12 months of the date of issuance. To be eligible for the $1,000 rebate identified in the Option A Rebate Certificate, the Settlement Class Member must (1) sell or trade his or her Honda Civic Hybrid in a bona fide arm’s length transaction and (2) purchase or lease a new Honda or Acura vehicle from an authorized Honda dealer during the Redemption Period. The Option A Rebate Certificate is nontransferable and may only be redeemed by the Settlement Class Member on or before the expiration date on the face of the certificate. To obtain an Option A Rebate Certificate, the Settlement Class Member must submit a completed Claim Form to the Settlement Administrator within six months following the Effective Date. The Settlement Administrator will retain prematurely-filed claims for Option A Rebate Certificates, but Claim Forms will not be processed until after the Effective Date. To redeem an Option A Rebate Certificate, the Settlement Class Member must submit to the Settlement Administrator on or before the certificate’s expiration date (1) the Option A Rebate Certificate and (2) proof of sale or trade of the Settlement Class Member’s Honda Civic Hybrid as well as proof of purchase or lease of a new Honda or Acura Vehicle from an authorized Honda dealer during the Redemption Period. Only one Option A Rebate Certificate may be redeemed by a Settlement Class Member.
OPTION B REBATE CERTIFICATE: In the alternative to the Option A Rebate Certificate, Settlement Class Members are entitled to claim a $500 rebate on the purchase or lease of a new Honda or Acura vehicle from an authorized Honda dealership after the Effective Date and before the date of expiration on the Option B Rebate Certificate (“Redemption Period”). The Option B Rebate Certificate will be redeemable by mail through the Settlement Administrator within 12 months of the date of issuance. Option B Rebate Certificates are fully transferable and saleable by Settlement Class Members only and can be redeemed by any transferee subject to the same terms as the Settlement Class Member, provided that transferees may redeem only one (1) certificate. An Option B Rebate Certificate can only be transferred once. The Settlement Class Member need not sell or trade his or her Honda Civic Hybrid to claim or redeem his or her $500 Option B Rebate Certificate. Option B Rebate Certificates must be redeemed on or before the expiration date on the face of the Option B Rebate Certificate. To obtain an Option B Rebate Certificate, the Settlement Class Member must submit a completed Claim Form to the Settlement Administrator on or before the Claim Form deadline which will be six months from the Effective Date. The Claim Form deadline will be no sooner than October 15, 2012, but may be later. The Effective Date, once known, will be posted on www.hchsettlement.com. Claim Forms will not be processed until after the Effective Date. To redeem the Option B Rebate Certificate, the Settlement Class Member (or his or her transferee) must submit to the Settlement Administrator the Option B Rebate Certificate and proof of purchase or lease of a new Honda or Acura Vehicle from an authorized Honda dealer during the Redemption Period on or before the expiration date on the face of the Option B Rebate Certificate. Only one Option B Rebate Certificate may be redeemed by a Settlement Class Member or transferee unless the Settlement Class Member is also a Subclass member.
ADDITIONAL OPTION B REBATE CERTIFICATE AVAILABLE TO SUBCLASS MEMBERS: Subclass members can also receive an additional fully-transferable $500 Option B Rebate Certificate pursuant to the same terms and conditions as the other Option B Rebate Certificates, which can be combined with either an Option A Rebate Certificate or another Option B Rebate Certificate pursuant to the same terms. Subclass members claiming more than one Option B Certificate may not transfer both certificates to the same transferee.
In addition, Honda Civic Hybrid (“HCH”) Fuel Economy Settlement Class Members with model year 2003-2008 Honda Civic Hybrids will automatically receive an extension of the written warranty for the IMA battery system in their vehicles identical to the terms of the original written warranty that came with the vehicle. The length of the warranty extension will be for 12,000 additional miles or 12 additional months, whichever comes first (“Extended Warranty Period”). If a Settlement Class Member’s IMA battery was replaced at the Settlement Class Member’s expense within the first of 12 months or 12,000 miles after the expiration of the original written warranty that would otherwise have covered the replacement but for the warranty’s expiration, the Settlement Class Member will be entitled to reimbursement for the full cost of parts and labor as if the Extended Warranty Period had been in effect when the replacement took place. To obtain reimbursement for an IMA battery replacement that would have been covered during the original warranty period, the Settlement Class Member must submit a Claim Form along with appropriate documentation including proof of prior payment.
Honda will also produce a video on how Honda Civic Hybrid (“HCH”) Fuel Economy Settlement Class Members can drive and maintain their Honda Civic Hybrids in order to maximize and optimize their fuel economy.
A settlement hearing will be held before the San Diego County Superior Court, Hall of Justice, 330 West Broadway, Department 72, San Diego, California 92101 on March 16, 2012, at 10:00 a.m., (“Final Approval Hearing”), Judge Timothy B. Taylor presiding. At the Final Approval Hearing, the Court will decide whether the proposed Honda Civic Hybrid settlement is fair, reasonable, and adequate and should be approved and, if so, approve the Attorneys’ Fee Award and Plaintiffs’ Incentive Awards.
For more information on the Honda Civic Hybrid (“HCH”) Fuel Economy class action settlement, call the Settlement Administrator, toll free at 1-877-465-4797 or visit the Honda Civic Hybrid (“HCH”) Fuel Economyclass action settlement website:
www.hchsettlement.com
If You Have Thoughts On The Honda Civic Hybrid (“HCH”) Fuel Economy Class Action Lawsuit Settlement, Share Your Class Action Settlement Comments Below.
VIN#JHMES96695S000623 as requested
claim #5185 VIN#JHMES96695S000623
Regarding the Transferable $500 Option B Certificates:
What is needed is a market for exchanging/transferring the Option B
Certificates. … so that those wanting to sell their certificates…
can efficiently list them …and that those wanting to buy them
can do so in a SECURE, RELIABLE way.
Currently, sellers simply offer their certificates on E-Bay …
which, at the moment, is not equipped to do this. As a result
there are few or no takers and the offer price has dropped
from $400 to about $100.
This function could be best performed by Honda’s authorized dealers.
The availability of an additional $500 rebate would be an excellent
selling point with a willing but cash-strapped, would-be Acura or
Honda new car buyer. The dealer would earn a transaction fee
and receive ‘GoodWill’ from both parties of the certificate transfer.
In the event that Honda America and any of their authorized dealers
choose to implement this suggestion, they are free to take full credit
for it. Print this out, bring it to your Honda dealer, and run it by them.
Keep in mind, that any implementation, will require explicit
authorization from HondaAmerica.