Remy McCarthy, et al., v. Toyota Motor Corp., et al. Frequently Asked Questions

U.S. District Court for the Central District of California
Case No. 8:18-cv-00201-JLS-KES

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The Plaintiffs in this case alleged that certain Toyota Prius and Prius V vehicles contain defective inverters.  More specifically, Plaintiffs allege that thermal and electrical stress resulted in the failure of transistors in the IPMs (a component of the hybrid inverter assembly) that Toyota installed in 2010 to 2014 model year Prius and 2012 to 2014 model year Prius V hybrid vehicles, causing the vehicles to suddenly decelerate and stall while being driven, despite Toyota’s claim that Safety Recalls E0E and F0R, which it conducted in 2014 and 2015, respectively, corrected the problem.
In late January and early February 2018, the Plaintiffs brought two separate class actions against Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. (hereinafter, “Toyota”)., which were later consolidated in the U.S. District Court for the Central District of California, alleging violations of consumer-protection laws, breaches of warranty, and unjust enrichment. The Amended Consolidated Class Action Complaint, which contains each of the allegations and claims that the Plaintiffs have made in this case, is available under the Documents section of this website. Toyota has denied these allegations.
During the course of the litigation, Toyota conducted two additional safety recalls—Safety Recall J0V in late 2018/early 2019, which involved all the vehicles that were the subject of Safety Recalls E0E and F0R, and Safety Recall 20TA10 in mid-2020 (which involved certain 2013 to 2015 Prius and certain 2014 to 2017 Prius V vehicles that were not subject to any of the previous safety recalls), for the purpose of installing new software to prevent these vehicles from stalling due to an IPM or Inverter malfunction or failure, and to allow them to continue driving at speeds of up to ~60 miles per hour.
After more than three years of litigation and more than a year of Settlement negotiations, the Plaintiffs and Toyota reached an agreement to settle this case, which is described in more detail in documents that can be found on this website, including the Settlement Agreement, the Amendment to the Settlement Agreement and the Long Form Notice and in these FAQs. You can also obtain information by calling the Settlement Notice Administrator at 1-833-942-3997.

This Settlement involves 2010 to 2015 model year Prius vehicles and 2012 to 2017 model year Prius V vehicles that were the subject of Safety Recall E0E, F0R, J0V, and/or 20TA10 (called the “Subject Vehicles”).  If you would like to find out if you are a Class Member, please click here.

In a class action, people called “class representatives” sue on behalf of other people who have similar claims so their claims can be resolved in a single case if the Court certifies the case as a class action. Together, these people are called the “Class” or “Class Members.” Once a settlement of a class action is finally approved, the Court resolves the issues for all Class Members, except for those who opt out of/exclude themselves from the Class.  This case has been certified as a class action for settlement purposes only.  

Both sides in the lawsuit agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that eligible Class Members will receive benefits under the Settlement Agreement. All Class Members who do not opt out of the Settlement will also be releasing Toyota from liability. However, Class Members will not be releasing claims for personal injury, wrongful death or actual physical property damage arising from an accident involving a Subject Vehicle. The Settlement does not mean that Toyota broke any laws or did anything wrong, and the Court did not decide which side was right.  This Settlement has been preliminarily approved by the Court, which authorized the issuance of notice. This class has been certified as a class action for settlement purposes only.  The Class Representatives, and the lawyers representing them (called “Class Counsel”), believe that the Settlement is in the best interests of all Class Members.

The essential terms of the Settlement are summarized in the post-card Notice you may have received in the mail or in the Publication Notice that you may have seen, and explained in more detail in the Long From Notice.  Additionally, the Settlement Agreement, which includes several exhibits, and the Amendment to the Settlement Agreement, sets forth in greater detail all the rights and obligations of the parties.  If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement, including any amendments, governs.

If you are a Class Member, whether and what benefits you are eligible to receive depends on several factors. The Settlement benefits are described generally below, and in more detail in these FAQs at Numbers 6, 7, 8, and 9.  Additionally, more complete information can be found in the Settlement Agreement and the Amendment to the Settlement Agreement.  

The benefits include: 

(1) a Customer Confidence Program that begins on March 7, 2023, which enhances the current warranty for IPMS and inverters installed in Subject Vehicles (i.e., 2010 to 2015 model year Prius vehicles and 2012 to 2017 model year Prius V vehicles that were the subject of Safety Recall E0E, F0R, J0V, and/or 20TA10).  This benefit will be available to all Class Members who do not opt-out of the Settlement; 

(2) A Loaner/Towing Program that begins on March 7,2023 and provides a cost-free Loaner Vehicle and or a cost-free tow associated with the repair or replacement of an IPM or inverter under the Customer Confidence Program.  This benefit will be available to all Class Members who did not opt-out of the class and who require a Loaner Vehicle and/or a tow associated with the repair or replacement of an IPM or Inverter under the terms of the Customer Confidence Program; and

(3) A possible Redistribution Check if there is money left in the Settlement Fund after all out-of-pocket claims are paid and it is administratively feasible to issue Redistribution Checks, as determined by the Settlement Administrator.  This benefit is available to all eligible Class Members who: (i) were previously notified that they are eligible for a Redistribution Check; (2) all eligible Class members who timely registered to receive a Redistribution Check; and (3) all Class Members who previously received and cashed a Reimbursement Check.   If you have any questions about whether you are eligible for a Redistribution Check, please contact the Settlement Administrator by using this form, or by calling 1-833-942-3997.   

(5) Possible charitable, cy pres payments.  If the Settlement Fund still has a balance after Redistribution Checks are sent, or if it is not administratively feasible to issue Redistribution Checks, those funds will be distributed to Texas A & M University Transportation Institute to fund a program to be approved by the Court once the parties have sufficient information about the available proceeds (if any) to be able to make a proposal.    

NOTE: Please note that you may have to take action within certain deadlines to receive certain benefits, such as completing and submitting a Registration and Reimbursement Claim Form.  If you do nothing, you may not receive certain benefits from the Settlement, and, as a Class Member, you will not be able to sue Toyota about the issues in the lawsuit.  You can find a list of all relevant dates on the homepage. Check the website frequently for updates. 

Toyota has implemented a Customer Confidence Program, which will enhance existing warranties by providing certain cost-free repairs or replacements of the IPM or Inverter in Subject Vehicles for twenty (20) years/unlimited miles from the date of First Use of the Subject Vehicle on the following terms:

(i)    Toyota shall extend coverage for the Subject Vehicles under the Current Warranty Enhancement Programs (which relates to diagnostic trouble codes (“DTCs”) P0A94, P0A1A, P324E, and P3004) to provide coverage for a total of twenty (20) years from the date of First Use of the Subject Vehicle.
 
(ii)    In addition to the coverage provided for in Section 8.a.i above, Toyota shall repair and/or replace the Inverter if a Toyota Dealer: (i) identifies that either DTC P0A7A and/or DTC P0A78 have been triggered; (ii) confirms that the Inverter has failed; and (iii) determines that the Inverter needs to be repaired and/or replaced.

(iii)Toyota shall also repair and/or replace the Inverter if a Toyota Dealer: (1) Confirms that the Inverter has failed due to a Thermal Event, regardless of what DTC is triggered; and (2) determines that the Inverter needs to be repaired and/or replaced.

(iv)    Toyota shall also repair and/or replace the IPM regardless of what DTC (if any) is triggered if a Toyota Dealer: (i) confirms that the IPM has failed; and (ii) cannot demonstrate that the IPM failure was due to anything other than Thermal Stress.

A Class Member’s rights under the Customer Confidence Program are transferred with the Subject Vehicle.

Class Members and subsequent purchasers or transferees of a Subject Vehicle who are denied coverage under the Customer Confidence Program and wish to appeal the denial must submit an appeal form to the Settlement Claims Administrators electronically via this website or by regular mail. 
 

Right to Appeal:   If a Class Member or subsequent purchaser or transferee of a Subject Vehicle is denied a cost-free qualifying repair or replacement of their IPM or Inverter covered by the Customer Confidence Program, there is a right to appeal that denial.  The timeframe for submitting the appeal is as follows: 

            i.    If you are provided with a document from a Toyota Dealer bearing the following language, the appeal must be submitted in accordance with these instructions (meaning within  45 days of the date listed on the document): “To appeal the denial of a loaner, tow or repair related to the Inverter and/or IPM, you must submit an appeal form, which can be found at www.toyotapriusinvertersettlement.com. Your appeal must be submitted within 45 days from the date on this document.”
 
            ii.  if you do NOT receive a document containing this language, the appeal must be submitted within one year of the date of the denial of coverage.  

Please Note:  A link to the appeal form has been posted on this website and can be filled out and submitted online.

After reviewing the completed appeal form and the accompanying documentation, the Settlement Claims Administrators shall make a final determination as to whether coverage should be provided pursuant to the Customer Confidence Program.

Pursuant to the Loaner/Towing Program, without cost to Class Members or subsequent purchasers or transferees of a Subject Vehicle, and upon request by such individuals, Toyota shall provide loaner/towing benefits, subject to the terms described below:

(i) A complimentary Loaner Vehicle, while the repair and/or replacement of the Subject Vehicle’s IPM and/or Inverter is being performed, only if the repair and/or replacement exceeds four (4) hours to perform and/or the Subject Vehicle is required by the Toyota Dealer to remain at the dealership overnight. A Loaner Vehicle is available starting with the day on which the Subject Vehicle is brought to a Toyota Dealer for repair and/or replacement of the Inverter and/or IPM until the day that work is completed.  And/Or
 
(ii) A complimentary tow to a Toyota Dealer in order for the Subject Vehicle to undergo an Inverter and/or IPM repair and/or replacement pursuant to the terms of this Settlement Agreement (NOTE: towing and inspection charges may apply if the Subject Vehicle does not require repair or replacement of an IPM or Inverter), as follows:
            a. If a Class Member or subsequent purchaser or transferee of a Subject Vehicle is uncomfortable driving their Subject Vehicle to a Toyota Dealer, and the Subject Vehicle is not on a public roadway (e.g., if it is in a home driveway or garage), they must contact a Toyota Dealer to arrange for towing. 
            b. If a Class Member or subsequent purchaser or transferee of a Subject Vehicle is uncomfortable driving their Subject Vehicle to a Toyota Dealer and the Subject Vehicle is on a public roadway, they should contact a Toyota Dealer to arrange for towing and/or contact Toyota’s 24/7 Roadside Assistance Hotline at 1-800-444-4195 to obtain towing to the nearest Toyota Dealer.
            c. If a Class Member or subsequent purchaser or transferee of a Subject Vehicle is uncomfortable driving their Subject Vehicle to a Toyota Dealer and is unable to obtain a tow from a Toyota Dealer or Toyota’s 24/7 Roadside Assistance Hotline within a reasonable amount of time, then Toyota will reimburse reasonable towing expenses to the nearest Toyota Dealer, up to a maximum of $250 per tow, however, the reimbursement itself shall come from the Toyota Dealer.

Right to Appeal:  If a Class Member or subsequent purchaser or transferee of a Subject Vehicle is denied a cost-free rental/loaner car and/or a cost-free tow associated with the repair or replacement of an IPM or inverter under the Customer Confidence Program, there is a right to appeal that denial.  The timeframe for submitting the appeal is as follows: 

            i.    If you are provided with a document from a Toyota Dealer bearing the following language, the appeal must be submitted in accordance with these instructions (meaning within  45 days of the date listed on the document): “To appeal the denial of a loaner, tow or repair related to the Inverter and/or IPM, you must submit an Appeal Form, which can be found at www.toyotapriusinvertersettlement.com. Your appeal must be submitted within 45 days from the date on this document.”
 
            ii.  if you do NOT receive a document containing this language, the appeal must be submitted within one year of the date of the denial of coverage.  

Please Note:  A link to the appeal form has been posted on this website and can be filled out and submitted on-line. After reviewing the completed Appeal Form and the accompanying documentation, the Settlement Claims Administrators shall make a final determination as to whether coverage should be provided pursuant to the Customer Confidence Program.

Certain Class Members may be eligible to receive a Redistribution Check if there is money left in the Settlement Fund after all Out-of-Pocket Claims are paid and it is administratively feasible to issue Redistribution Checks, as determined by the Settlement Administrator.  Class Members who are eligible for this benefit are those who : (i) were previously notified that they are eligible for a Redistribution Check; (2) all eligible Class members who timely registered to receive a Redistribution Check; and (3) all Class Members who previously received and cashed a Reimbursement Check.   If you have any questions about whether you are eligible for a Redistribution Check, please contact the Settlement Administrator by using this form, or by calling 1-833-942-3997. 
 
Also note, if you received a Reimbursement Payment check from the Settlement and failed to cash that check by the date listed on the check, the check reverted to the Settlement Fund and you are ineligible to receive a Redistribution Check, in the event Redistribution Checks are issued.  

Stale checks will NOT be reissued.   

Please see FAQ No. 10 for more information about the importance of cashing your check on time, and the consequences of failing to do so. 

The cy pres doctrine allows for the distribution of undistributed Settlement funds to charitable causes, which indirectly benefit the Settlement Class.  

The proposed cy pres recipient in this case is Texas A&M’s Transportation Institute (“TTI”).  For 70 years, TTI has addressed complex transportation challenges and opportunities with innovation, objectivity and unmatched technical expertise. With expertise in engineering, planning, economics, policy, public engagement, environmental sciences, data sciences, and social sciences, TTI researchers play a key role in educating the next generation of transportation professionals, training students both in the laboratory and in the classroom. See generally https://tti.tamu.edu/about/. 

Stale Checks will not be reissued, so please make sure to cash your check(s) by the expiration date!  
  
If you receive a payment for reimbursable out-of-pocket expenses, you shall be given a minimum of 180 days to cash those checks, and will be advised, by Notice included with the Reimbursement Payment checks, that, if those checks are not cashed within this timeframe, the uncashed checks will revert to the Settlement Fund to be redistributed (“Redistribution Checks”).  If you received a Reimbursement Payment check that was not cashed, you will no longer be entitled to proceeds from the Settlement, including a Redistribution Check (if any).

Please Note:  For these reasons and others, it is important that you keep the Settlement Administrator informed of your current address and contact information.  

This time limit shall not apply to those Class Members who have challenged the amount of the initial check.

If you would like to update your contact information, you may do so when submitting a Registration and Reimbursement Claim Form. If you are not submitting a Registration and Reimbursement Claim Form, or you need to update your information after you have submitted that form, you can contact the parties via the contact section of this website and let us know what needs to be updated. You can also call 1-833-942-3997 to update any contact information.  

The Court has appointed lawyers to collectively represent Class Members.  These lawyers are called “Class Counsel”:  Jeffrey L. Fazio and Dina E. Micheletti of Fazio Micheletti LLP and Amnon Z. Siegel of Miller Barondess LLP are Class Counsel. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense. Their contact information is as follows:

Jeffrey L. Fazio

Dina E. Micheletti

Fazio Micheletti LLP

1111 Broadway, Suite 400

Oakland, CA 94607

Tel: (925) 543-2555

Fax: (925) 369-0344

Website: www.fazmiclaw.com

 

Amnon Z. Siegel

Miller Barondess LLP

1999 Avenue of the Stars, Suite 1000

Los Angeles, CA 90067

Tel: (310) 552-4400

Fax: (310) 552-8400           

Website: www.millerbarondess.com



All correspondence, including but not limited to paper claim forms, must be directed to this address, Prius IPM Settlement Notice Administrator c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324. Please Do Not Contact the Court. 

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here and the Amendment to the Settlement Agreement here and other information about the Settlement and the Registration and Reimbursement Claim Form under the Documents section of this website. You can also call the toll-free number, 1-833-942-3997 or write to the Settlement Notice Administrator at Prius IPM Settlement Notice Administrator c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324. All correspondence, including but not limited to paper claim forms, must be directed to this address. Please Do Not Contact the Court. 
If you have any questions about the settlement or need assistance, please call 1-833-942-3997, or fill out this form, or write to the settlement administrator at this address:

Prius IPM Settlement Notice Administrator c/o Kroll Settlement Administration,
PO Box 5324,
New York, NY 10150-5324

All correspondence, including but not limited to paper claim forms, must be directed to this address. Please Do Not Contact the Court.

QR Code Info
re Vehicle Benefits

QR Code Info re Vehicle Benefits

Is my Vehicle a Subject
Vehicle?

Click here to see if you are a class member.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Appeal Form

Appeal Form

Important Dates

  • Final Effective Date

    Monday, March 6, 2023

    The latest date on which the Final Order and/or Final Judgment approving this Settlement Agreement becomes final.

  • Customer Confidence and Loaner/Towing

    Tuesday, March 7, 2023

    Commencement of the Customer Confidence and Loaner/Towing programs.

  • Deadline to submit a Registration and Reimbursement Claim Form

    Tuesday, June 6, 2023

    This date has now passed.

Documents

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