MY SIGN UP INFORMATION:
- Did you receive my information?
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- If you are receiving e-newsletters from Hagens Berman, your information has been received and is in our database.
- If you have sent supplemental information, we will be entering that information into our database as soon as possible. We will not be able to confirm every single email, but if you are receiving our newsletters and updates, you are in our database.
- If you have sent an email to our legal team, please be patient. Our attorneys will receive thousands of responses from vehicle owners. They are working as fast as they can to respond to you.
- If you have left a voice mail for Steve Berman or any other member of Hagens Berman's team for any reason, these have all been forwarded to the legal team. They are responding to these calls.
- Am I represented by Hagens Berman?
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Once you have filled out and agreed to the Letter of Engagement, then for purposes of the class action, you will be represented by Hagens Berman for the scope set forth in the letter of engagement.
ABOUT THE CASE:
- Should I sign up with you? If so, how do I sign up?
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You can sign up to receive information from us, or to have us represent you. By signing up with us, we may ask you to be a class representative, and we may solicit your insight on potential settlement options, which will then contribute in some degree to what we understand GM owners want and expect from this case.
- What will I get out of this case?
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It is too early to know what the end result will be. We are going to fight for the best possible outcome for Cruze owners, which will include making the cars EPA compliant, and compensating Cruze owners for the reduction in the value of their cars. If GM is not willing to provide a fair settlement, then the case will proceed in litigation.
- What is the case about?
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This case is brought on behalf of persons who purchased or leased a Chevy Cruze equipped with the Clean Diesel engine system or its equivalent (“affected vehicle”)
- Which vehicles are affected? Is mine on the list?
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Affected vehicles include 2014–2016 Chevy Cruze Diesel.
- What is the intended outcome?
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Hagens Berman will seek to hold GM accountable for its fraud on consumers and the United States. We will fight tirelessly for recovery of the losses owners suffered and the harm that GM caused to the environment.
- What types of damages are you seeking in the class action?
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In our class actions, we seek for each class member the damages they incurred as a result of GM’s use and concealment of the use of a defeat device in the affected vehicles. Such damages may include:
- the premium paid over the price of an equivalent vehicle with a gasoline engine;
- the purchase price of the vehicle;
- the cost of unused extended warranties;
- the cost of excess fuel associated with a decrease in efficiency;
- the cost of future repairs;
- the loss in value of affected vehicles; and
- the cost to remediate harm to the environment caused by the excess levels of pollutants released by affected vehicles.
- How long will it take to resolve this?
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Cases of this nature usually take between one and six years to resolve.
- Will the lawsuit pursue damages for environmental destruction?
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Hagens Berman will seek recovery from GM to ameliorate the harm caused by the excess pollution emitted by the affected vehicles.
- How much money can I expect?
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At this early stage of the litigation it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable, and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable. Strictly for purposes of example, in the Toyota Sudden Unintended Acceleration case, which Hagens Berman led, the case settled for $1.6 billion, and qualifying class members received a check between $125 and $6,000, depending upon the characteristics of the vehicle owned. This case could be larger or smaller than the Toyota case, but Hagens Berman will fight for the largest possible recovery for class members.
- How many other firms will be filing suit?
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There may be many law firms filing suits throughout the country. When this happens, the suits are normally consolidated for pre-trial purposes with a single court and that court will select a small group of lawyers and firms to organize and manage the litigation as lead counsel. Hagens Berman was chosen as lead counsel in the Toyota Sudden Unintended Acceleration case ($1.6 billion settlement) and the Hyundai/Kia MPG case ($380 million settlement), and Steve Berman is currently serving as lead counsel in the massive GM Ignition Switch Defect litigation. No other firm has Hagens Berman’s proven track record in massive nationwide auto defect cases.
- What is the statute of limitations on a case like this?
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The statute of limitations can vary depending upon the state law applicable and the causes of action asserted.
REPRESENTATION:
- If I submitted my information to you on your website or by email, do you represent me in this lawsuit?
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In a class-action lawsuit, when the case is first filed, the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed.
All of the other persons in the class (owners of affected vehicles) who have provided us information will be represented by us when the judge certifies the case as a class action, either through settlement or prior to trial. Until then, we will not have a formal attorney client relationship with you, but we will keep you posted about any material events in the lawsuit, and you may contact us to answer any questions you may have about the case.
FEE:
- How much does it cost?
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There is no cost or fee whatsoever involved in joining the lawsuit. In the event Hagens Berman or any other firm obtains a settlement or judgment that provides benefits to class members, the court will decide a reasonable fee to be awarded to the lawyers for class members. Any such fee may be paid separately from damages by GM, or it may be deducted from the class-wide settlement before funds are distributed to individual class members. In no case, however, will any class member ever be asked to pay any out-of-pocket sum to the class lawyers.
ABOUT THE SETTLEMENT:
- How is a settlement for a case this large going to be disbursed?
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If a settlement is reached, the settling parties will propose a distribution plan to the court. The court will evaluate the plan and approve it if it is fair and reasonable under the circumstances. The formula here will likely take into account the amount of the Clean Diesel premium in price for each model of car, the age of the car, and the expected drop in value, performance and efficiency of the car.
WHAT IF…
- Can I be a part of the lawsuit if I leased my car?
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Yes.
- Can I be a part of the lawsuit if I sold my car?
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If you sold your car before news of the fraud was public, you are not part of the lawsuit.
- I live outside of the US. Can I still be a part of the lawsuit?
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Hagens Berman’s present lawsuits are on behalf of persons who purchased their cars in the United States. If you bought your car in the United States and still own it, it does not matter where you live, you can still be part of the lawsuits. However, if you did not purchase your car in the United States, you may not be a part of the lawsuits.
- I am in the military working overseas and have my car with me. Can I be a part of the lawsuit?
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Yes, if you bought it in the United States.
- I have a residence in the states, but I work overseas. Can I be a part of the lawsuit?
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Yes, if you bought it in the United States
- My local attorney recommended that I sue GM on my own. What are the benefits of being part of a class-action lawsuit?
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There are many benefits to participating in the class action:
- you do not have to pay any advance or hourly fees to your attorneys, and your attorneys will be among the finest and most respected plaintiffs’ lawyers in the country;
- your attorneys will pay all fees and costs associated with prosecuting the lawsuit and will not be paid at all if
- they do not obtain a settlement or judgment that the court determines is fair, reasonable and adequate;
- you will not have to provide discovery, be deposed, appear in court or otherwise participate in the lawsuit unless you ask to be a class representative and are chosen for that role;
- your attorneys will have the collective bargaining power of hundreds of thousands of class members;
- depending upon where you live, you may not have the right to sue your local dealer or GM because of an arbitration clause in your purchase or lease agreement;
- If a settlement is obtained, you will have the right to review the proposed settlement and then decide whether or not to be included in it. If you decide not to participate, you will retain the right to sue (or continue to sue) on your own. For many claims, the statute of limitations will begin to run only after you exclude yourself from the settlement; the law in some states may differ.
- We are experiencing health-related issues and think it might have something to do with the car. Will this be a part of the lawsuit?
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Health related issues are not included in a class action. If you believe you have been injured as a result of GM’s emissions fraud, you should explore filing your own lawsuits as personal injury and health claims will not be included in the class action.
- If I am involved in the class action, can I still sue GM on my own?
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If a class action is certified, and you do not opt out of the class or a proposed class settlement, then you will not be able to sue GM for the same claims that were resolved in the class action. However, if you choose not to accept a proposed settlement, or choose to opt-out of the class, then you will retain whatever rights to sue you had prior to the class action.
- Can I be a part of the lawsuit if I don't live in the US?
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At present, our lawsuits are only on behalf of owners in the United States, and only US residents and citizens can be a part of our proposed classes. However, the cases are still in the earliest stages, and they may expand through various other courts and mechanisms. If you send us your contact information, we will happily keep you up to date on all happenings and will reach out to you if the cases swell to include your country.
- My dealer just sent me a letter offering a loyalty credit if I trade in my car for a new one. Can I take it?
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There is no reason why you cannot talk to your dealer and GM and take advantage of any special offers they may make. If you do accept such an offer, please document carefully the transaction, including any discounts from your full purchase price and exactly what value they are giving your trade. Make sure the loyalty credit is separately accounted for in your transaction documents. Any reduction in trade-in or discount off your original purchase price may be recoverable through the lawsuits.
MY VEHICLE:
- Should I continue making payments on my vehicle?
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Yes. The fact of the filing of the lawsuits does not terminate your separate financing agreements with your bank or GM’s affiliated credit provider. If you stop making your payments you may suffer adverse credit consequences and may lose your car.
- I fear a significant loss in resale value. What can I expect?
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It is highly likely that the affected vehicles will suffer a significant loss in resale value. If you chose to sell your car, please keep detailed records of the transaction as your loss in resale value may be recoverable in the class action.
- I fear altered performance and driving characteristics of the car or loss of fuel mileage (MPG) if they reprogram the ECU. What can I expect?
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We expect that any ultimate “fix” of the emissions issue will cause a material loss in performance and efficiency for affected vehicles. If the emissions failures were easily fixable, GM would have had no need to install the defeat device and defraud the EPA for the last 2 years. If any "fix" or recall is performed on your car, you should record and take notes on your car’s performance both before and after such "fix" or recall. We will fight to obtain compensation to class members for change in car performance and efficiency up to a complete buy-back if warranted.
- My car won’t pass inspection. What should I do?
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Talk to your dealer and/or GM and keep us informed about what they say. When we learn anything from GM or regulators, we will provide that information to you through our email newsletters and on our dedicated GM Emissions Case web page.
- I want to return my car. What do I do?
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There is no reason why you cannot talk to your dealer and GM and try to obtain a return or buyback of your car. If you do accept such an offer, please document carefully the transaction, including any discounts from your full purchase price. Any losses may be recoverable through the lawsuits.
- If there is a recall, will I be forced to take my vehicle in?
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There is no forced recall mechanism that GM can employ. However, if your state has mandatory emissions testing, you may not be able to pass the test until a recall or repair has been performed. Furthermore, even in states that do not have emissions testing, you may not be able to renew your vehicle tags until you provide proof that your vehicle has been recalled or repaired to comply with emissions standards. If GM employs a recall or repair that degrades the performance or efficiency of affected vehicles, then our lawsuits will seek all possible compensation, including up to a buy-back.
ABOUT THE PROCESS:
- Since I signed up on the form, am I assured to be a part of the lawsuit?
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If you owned one of the affected vehicles and a class of such owners is certified by the court, then you will be part of the lawsuit unless you choose to opt-out of the case or any proposed settlement. We will keep all class members who register with us up to speed on all significant events in the case. Unless we have expressly told you that you were chosen to be a class representative and sent you a copy of the lawsuit naming you, then you were not selected, but remain a class member entitled to participate in any future settlement or judgment.
- Why is getting lead counsel a benefit to the plaintiff?
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If you are a class representative plaintiff and your counsel is selected to be lead counsel, you will participate directly in the lawsuit, and you will be consulted on major events in the litigation. If you are a class member and have provided your information to us, then we will provide you with updates on the case and keep you apprised of all relevant information that becomes available from the case, from regulators and from GM.
- How does a class action work?
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In a class action, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the case to be decided after presenting the facts related to a representative plaintiff’s experience. This way, the rights of hundreds, or in this case about 20,000 people can be efficiently decided without each person having to present their individual case to the court. If liability is found or if the case is settled, a judgment or settlement amount is obtained to pay for everyone’s damages. That settlement or judgment fund is then distributed to all class members based on a formula determined by the court to be fair and reasonable.
- I've already joined a class action. Is it OK to join more than one suit?
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“Joining” a class action is a bit of a misnomer. In fact, everyone who owns an Affected Vehicle will automatically be a class member if any case, or a consolidated case, is certified as a class action by the judge, and that owner does not affirmatively “opt-out” of the class case. Because a decision on whether to certify a class in this case will not occur for many months, as it stands, all owners of Affected Vehicles are potential class members, and you can provide your information to any of the law firms that have filed cases against GM.
The exception is if you have been named as a class representative plaintiff in a GM lawsuit—that is, your name is on the lawsuit as a plaintiff—then you would not be able to be a named class representative in another lawsuit alleging the same bad acts by GM. If you are not the named class representative plaintiff in a lawsuit, you are not yet a part of that lawsuit, and your options are not at all limited.
ABOUT HAGENS BERMAN:
- Why should I sign up with Hagens Berman?
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Hagens Berman has the most experience and the most successful track record in the country bringing big settlements for consumers against major automakers – bar none. Hagens Berman secured the largest settlement ever against an automaker at that time – $1.6 billion for vehicle owners against Toyota. We have achieved a $255 million settlement against Hyundai/Kia for overstated MPG in its vehicles. Currently we serve as lead counsel in litigation against GM for the ignition switch defect. This is our firm’s strength, and we do it better than any other firm in the nation.
- If I sign up with Hagens Berman what can I expect?
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You can expect that our firm will fight vigorously for your rights as a consumer, and right the wrong that GM was committed. Our firm has secured major victories for consumers in numerous cases and will hold GM responsible for this tremendous loss to vehicle owners after years of GM's deception.
CONTACT:
- How do I ask questions about the case?
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Use the hashtag #askberman on Twitter, and please be patient, as our legal team has received thousands of responses. If you feel there is something very important, you may email our legal team directly using [email protected].
- What’s the quickest way to get a response from the legal team?
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You can use the hashtag #askberman on Twitter, and please be patient, as our legal team has received thousands of responses. If you feel there is something very important you may email our legal team directly using [email protected].
WHAT TO EXPECT:
- What else can I do?
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As long as you have provided us your information, we will let you know if anything else needs to be done. If you decide to service, recall, repair, sell or trade your car, please keep accurate records of any such transactions.
- Should I contact my local government?
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You may choose to do so. Please let us know if you are able to obtain important information or a resolution of your concerns from such contact.