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Class Action Suits Do Not Always Benefit Every Consumer

April 20, 2017
By: Robert Silverman

We are seeing a growing trend of automotive class action lawsuits coming down the pike recently for a variety of vehicles including the Nissan Pathfinder, Ford Fiesta, and Ford Focus.  The suits address common problems we have previously written about in our blog and have become familiar with through our extensive caseload.

Class action suits are often beneficial because they address a common problem and offer a common solution for everyone in the class. There are however certain situations, specifically when the car is in the shop repeatedly for the same issue, where an individual can achieve a much better result by opting out of the class and filing on their own.  In many of these suits you have to opt out if you want to hold on to your individual rights to pursue a case in court.  Therefore, it is imperative that you explore your rights NOW and determine if the class action settlement is the right remedy for you and your situation. We recently addressed this matter with a Subaru oil consumption class action affecting a variety of different models.  A number of drivers called us after the opt out date disappointed that their rights were so limited.

If you receive a class action notice, yet you have been back to a dealer repeatedly to address the problem, please call us at 1 800 LEMON LAW (1 800 536 6652)  to discuss your rights and whether there would be a benefit to opting out of the suit. It’s important to note that win or lose, there is absolutely no cost for your representation. All we ask when we accept a case is that you provide the necessary documentation, specifically the sales or lease agreement, your registration card, and your repair invoices or a copy of the repair history. If you prevail, Federal and/or State Law require the manufacturer of your lemon to pay attorney fees and legal costs IN ADDITION TO your recovery. In the rare case where we do not prevail, there is absolutely no cost to you of any kind. Give us a call at 1800 LEMON LAW for a free consultation to discuss your circumstance and your best possible recourse.