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

*All dates are subject to change 

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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.

A Court authorized the Notice because you have a right to know about a proposed Settlement of two class action lawsuits and about all of your options and associated deadlines before the Court decides whether to give final approval to the Settlement. The class actions were consolidated by the Court under the name of Remy McCarthy, et al., v. Toyota Motor Corp., et al., No. 8:18-CV-00201-JLS-KES. The defendants are Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. The Notice explains the claims and allegations in the litigation, the Settlement, and your legal rights. 

You are NOT being sued. The Court still has to decide whether to finally approve the Settlement. Payments and other benefits will be distributed only if the Court finally approves the Settlement and after any appeals are resolved in favor of the Settlement. Please be patient and check this website regularly for updates. 

Please do not contact the Court or Toyota Dealers regarding the details of this Settlement while it is pending before the Court. All questions should be directed to the Settlement Notice Administrator at 1-833-942-3997.

The “Final Effective Date” means the latest date on which the Final Order and/or Final Judgment approving this Settlement Agreement becomes final. For purposes of this Settlement Agreement:

(a) if no appeal has been taken from the Final Order and/or Final
Judgment, “Final Effective Date” means the date on which the time to
appeal therefrom has expired (about 30 days); or

(b) if any appeal has been taken from the Final Order and/or Final
Judgment, “Final Effective Date” means the date on which all appeals
therefrom, including petitions for rehearing or reargument, petitions for
rehearing en banc and petitions for certiorari or any other form of review,
have been finally disposed of in a manner that affirms the Final Order or
Final Judgment; or 

(c) in the event of an appeal or other effort to obtain review, and subject
to Court approval, if Class Counsel and Toyota agree in writing, the “Final
Effective Date” can occur on a date prior to final resolution, however, there
is no obligation to agree to advance the Final Effective Date.

The Final Effective Date is important for several reasons, including that (1) it is the first date upon which Settlement Benefits are available to the Class, and (2) the last day to submit a timely claim is three months after the Final Effective Date.  

The Final Effective Date of February 12, 2023* listed on the Notice and on this website assumes that the Settlement is approved on January 13, 2023* and that no appeal is filed.  The Final Effective Date (like all dates listed on the Notice and on this website) is subject to and will likely change.  
Please check this website for updated dates and other information. 

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.

You are part of the Settlement if you are a person, entity or organization (a) who, as of May 19, 2022, owns or leases a 2010 to 2015 model year Prius vehicles and/or a 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”), or (b) who, at any time before May 19, 2022, owned or leased a Subject Vehicle. 

This is called the “Class.”  The Class has been certified for Settlement purposes only.

Excluded from the Class are (a) Toyota, its officers, directors and employees; its affiliates and affiliates’ officers, directors and employees; its distributors and distributors’ officers, directors and employees; and Toyota Dealers and Toyota Dealers’ officers and directors; (b) Plaintiffs’ Counsel; (c) judicial officers and their immediate family members and associated court staff assigned to this case; and (d) persons or entities who or which timely and properly exclude themselves from the Class.

If you are not sure whether you are included in the Class, you may call 1-833-942-3997, or use this online look up. Please do not contact Toyota Dealers or the Court regarding the details of this Settlement, as the Court has ordered that all questions should be directed to the Settlement Notice Administrator. 

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 10, 11, 12, 13, and 14.  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 after the Final Effective Date (currently anticipated to be February 12, 2023* if the Settlement is approved on January 13, 2023*, but likely subject to change), 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 after the Final Effective Date 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;
  
(3) reimbursement of unreimbursed IPM and Inverter repairs or replacement expenses and/or related towing and rental car expenses incurred before the Final Effective Date.  This benefit will be available to all Class Members who did not opt-out of the Settlement, incurred reimbursable expenses, and submitted a timely Registration and Reimbursement Claim Form; and
 
(4) A possible Redistribution Check up to $250.00 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 Class Members who either had an IPM or inverter in a Subject Vehicle repaired/replaced under warranty prior to the Final Effective Date, or paid to repair/replace an IPM or inverter in a Subject Vehicle prior to the Final Effective Date.   If you did NOT receive a post card advising you that you have been identified as a person eligible to receive a Redistribution Check (if any), then you must timely submit a Registration and Reimbursement Claim Form, in order to be eligible for a Redistribution Check (if any).

(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:  The Court still has to decide whether to finally approve the Settlement, and  no benefits will be provided and no releases of liability will be given until and unless the Court finally approves the Settlement and only after any appeal period expires or any appeals are resolved in favor of the Settlement.  We do not know if or when the Court will finally approve the Settlement or whether there will be any appeals.  If the Settlement is approved on January 13, 2023*, the Final Effective Date is currently anticipated to be February 12, 2023*, but this date is subject to, and will likely change (see FAQ No.3).  Please check this website regularly for updates regarding the Settlement and all associated dates.
Also, 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.  Again, please be aware that all dates are subject to change.  Check the website frequently for updates. 

As of the Final Effective Date (currently anticipated to be February 12, 2023* if the Settlement is approved on January 13, 2023*, but likely subject to change), Toyota will implement 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.

If the Settlement is approved, the Final Effective Date has passed, and the Customer Confidence Program is under way, 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:  After the Final Effective Date, 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:  If the Settlement is approved, a link to the appeal form (which can be filled out and submitted online) will be posted to the website after the Final Effective Date.  

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.

After the Final Effective Date which is currently anticipated to be February 12, 2023* if the Settlement is approved on January 13, 2023*, but likely subject to change), 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:  After the Final Effective Date, 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:  If the Settlement is approved, a link to the appeal form (which can be filled out and submitted online) will be posted to the website after the Final Effective Date.  An exemplar Appeal Form is also attached as Appendix C to the Long Form Notice, however, it cannot be used until after the Final Effective Date. 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.

If the Settlement is approved and the Final Effective date has (currently anticipated to be February 12, 2023* if the Settlement is approved on January 13, 2023*, but likely subject to change), Toyota shall pay a total of $20,000,000.00 into a non-reversionary Qualified Settlement Fund (“QSF”). The Settlement amount is to be used to fund the Out-Of-Pocket Claim Reimbursement Process and to pay for tax preparation associated with the QSF. All other expenses related to the Settlement, including notice and administrative fees and costs, attorneys’ fees and costs and incentive awards to class representatives, as awarded by the Court, are being separately paid by Toyota.  

If the amount in this Settlement Fund is insufficient to pay eligible Out-Of-Pocket Claims, Toyota shall provide additional funds sufficient to pay all such eligible Out-Of-Pocket Claims, as directed by the Settlement Claims Administrators. Toyota shall not, however, add additional funds to cover Redistribution Checks.  If it is administratively unfeasible to provide Redistribution Checks after eligible Out-of-Pocket expenses are paid, there will be no Redistribution Payment.

To be eligible for reimbursement of out-of-pocket expenses covered by the Settlement, you must (1) have paid for those expenses prior to the Final Effective Date (currently anticipated to be February 12, 2023* if the Settlement is approved on January 13, 2023*, but likely subject to change), and (2) you must submit a timely Registration and Reimbursement Claim Form.
   
IF YOU DO NOT SUBMIT A TIMELY REGISTRATION AND REIMBURSEMENT CLAIM FORM, YOU WILL LOSE YOUR RIGHT TO RECOVER YOUR REIMBURSABLE OUT-OF-POCKET EXPENSES.  

The current deadline for submitting a timely Registration and Reimbursement Claim Form is three months after the Final Effective Date.  This deadline is currently anticipated to be May 12, 2023*, assuming that the Court approves the Settlement at the January 13, 2023* Final Fairness hearing and that the Settlement is not appealed.  This date is also likely subject to change.  All changes will be posted to this website, so please make sure to check this site for updates.  

The following expenses are eligible for reimbursement, provided they were not previously reimbursed by Toyota and they were incurred before the Final Effective Date:
    (i) rental car expenses incurred in connection with the repair or replacement of an IPM or an Inverter; 
    (ii) towing charges that had been incurred in connection with the repair or replacement of an IPM or an Inverter; and
    (iii) the cost of repairing or replacing an IPM or an Inverter.

To submit a claim online, please click here.   We encourage you to use this on-line option, to ensure your claim is received and processed.  If you prefer to submit a claim by mail, please print, fill out and send this form before the deadline.  

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 either (1) had an IPM or inverter in a Subject Vehicle repaired/replaced under warranty prior to the Final Effective Date, or (2) paid to repair/replace an IPM or inverter in a Subject Vehicle prior to the Final Effective Date.   
 
If you have received a postcard telling you that “You have been identified by Toyota as a person who has had an IPM or inverter in a Subject Vehicle repaired or replaced,” you are automatically registered to receive a Redistribution Check if there is one.  In this case, you do no NOT need to submit a Registration and Reimbursement Claim Form to be eligible for a Redistribution Check, however, you MUST still submit a Registration and Reimbursement Claim Form if you seek to recover reimbursable out-of-pocket expenses in addition to a Redistribution Check (if any) (see FAQ No. 12).

If you did NOT receive a postcard telling you that “You have been identified by Toyota as a person who has had an IPM or inverter in a Subject Vehicle repaired or replaced,” and you replaced or repaired an IPM or inverter in a Subject Vehicle (in or out of warranty), you must submit a timely Registration and Reimbursement Claim Form to be eligible for a Redistribution Check.  The same claim form can also be used to seek recovery of reimbursable out-of-pocket expenses (if any).  

Please note, you can NOT recover any reimbursable out-of-pocket expenses unless you submit a timely Registration and Reimbursement Claim Form.   

Also note, if you received a Reimbursement Payment check from the Settlement and fail to cash that check by the date listed on the check, the check will revert to the Settlement Fund and you will be ineligible to receive a Redistribution Check, in the event Redistribution Checks are issued.  
Stale checks will NOT be reissued.   

Please see FAQ No. 15 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.  

If the Settlement becomes final, Class Members who do not opt out of/exclude themselves from the Class will release Toyota from liability and will not be able to sue Toyota about the issues in the lawsuit. 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 Agreement at Section VII describes the released claims in necessary legal terminology, so read it carefully. The Settlement Agreement is available here and the Amendment to the Settlement Agreement.  For ease of reference, we have also attached the full release section in Appendix A to the Notice, available here. 

No, if you opt out of/exclude yourself, you do not get Settlement benefits. If you ask to be excluded, you cannot object to the Settlement.

If you want to keep the right to sue or continue to sue Toyota over the legal issues in the lawsuit, then you must take steps to opt out of/exclude yourself from this settlement.  This is also known as “opting out” of the Class.

No.  Unless you opt out of/exclude yourself from the Settlement, you give up the right to sue Toyota for the claims resolved by this Settlement. If the Settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Toyota about the issues in the lawsuit.

To opt out of/ exclude yourself from the Settlement, you must either submit your request electronically on the Settlement website linked here, or mail a written request to opt out of/exclude yourself from the Settlement to the Settlement Notice Administrator specifying that you want to opt-out from the Settlement. If you choose to mail in your request, please use this form.  If you do not use the on-line opt-out form or mail a hard copy of the provided form, your request to opt out of/exclude yourself from the Settlement MUST include all of the following information or it will be disregarded: 


• your full name, current residential address, mailing address (if different), and telephone number. 

• the model year, make, model, and VIN number of your vehicle(s)

• the name of the Action, Remy McCarthy, et al., v. Toyota Motor Corp., and the case number (8:18-CV-00201-JLS-KES)

• a statement clearly indicating that you want to opt-out from the Class (e.g., “please exclude me from the class”); and

• signed and dated by you (an attorney’s signature is not sufficient).

You must submit your request for exclusion online by October 26, 2022*, or by mail postmarked no later than October 26, 2022* and sent to:

Prius IPM Settlement Notice Administrator

c/o Kroll Settlement Administration

P.O. Box 5324

New York, NY 10150-5324


The deadlines found in the Notice may be changed by the Court. Please check this website regularly for updates regarding the Settlement.

If you are a Class Member, and you do not opt-out from the Class, you can object to the Settlement if you do not like some part of it or all of it.  

To object, you must send  a written objection containing all of the following no later than October 26, 2022* 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.  

Failure to include all of the following information could result in the striking of your objection:

• The name of the action (Remy McCarthy, et al., v. Toyota Motor Corp., et al., No. 8:18-CV-00201-JLS-KES (C.D. Cal.))
• your full name, current residential address, mailing address (if different from the address of your residence), telephone number, and e-mail address;
• the make, model year, and Vehicle Identification Number (“VIN”) of each Subject Vehicle you purchased or leased;
• an explanation of your objection, including the legal and factual bases for your objection and copies of any documents supporting your objection;
• the full name, address and telephone number of each lawyer (if any) who is representing you, or who may seek or claim entitlement to compensation for any reason in connection with your objection;
• the number of times you or your lawyer (if any) has objected to a Class Action Settlement within the past five years;
• the name and case number of each case in which you and/or your lawyer has made such objection.  If you or your lawyer have not made any prior objection in the past five years, you must affirmatively and explicitly state this in the written materials provided with the objection;
• a statement as to whether you intend to appear at the Final Approval Hearing either individually or through your lawyer;
• the identity of all lawyers (if any) who will appear on your behalf of the at the Final Approval Hearing;
• a list of all persons who will or may offer testimony in support of the objection (if the answer is none, you must say so in the objection); and 
• your signature and date of signature.    

Objections must be mailed to the following address no later than October 26, 2022*:

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

Opting out of/excluding yourself is telling the Court that you do not want to be part of the Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

Objecting is telling the Court that you do not like something about the Settlement.  You can object only if you stay in the Class.  

If you are a Class Member and you do nothing, you will remain a Class Member and all of the Court’s orders will apply to you, you will be eligible for the Settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue Toyota over the issues in the lawsuit.

The Court will hold a Fairness Hearing at 10:30 a.m. Pacific time on January 13, 2023*, at the First Street United States Courthouse, 350 West 1st St., Los Angeles, CA, 90012, Courtroom 8A.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will only listen to people who have met the requirement to speak at the hearing (See FAQ 25, below for those requirements). After the hearing, the Court will decide whether to grant final approval of the Settlement, and, if so, how much to pay the lawyers representing Class Members.  We do not know how long these decisions will take. The Court may reschedule the Fairness Hearing, so check the website periodically for further updates.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it – but you can if you provide advance notice of your intention to appear (See FAQ 25). As long as you filed a written objection with all of the required information on time with the Settlement Notice Administrator, the Court will consider it. You may also pay another lawyer to attend, but it is not required.

If you have not excluded yourself from the Settlement, you may appear at the Fairness Hearing in person or by your own counsel (at your own expense) and may be heard to the extent allowed by the Court, either in support of or in opposition to the Settlement and/or the Fee Request.

However, you shall not be able to speak unless you or your counsel file a “Notice of Intent to Appear in Remy McCarthy et al., v. Toyota Motor Corp., et al.” with the Clerk of Court on or before October 26, 2022*. 

 In the Notice, you must include your name; address; telephone number; the make, model year, and VIN number of the Subject Vehicle(s); and signature.

The Clerk of Court’s address is as follows:

Clerk of Court

First Street U.S. Courthouse

350 W 1st Street, Courtroom 8A, 8th Floor

Los Angeles, CA 90012-4565

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

The law firms that worked on this Action on behalf of the Class will ask the Court for an award of attorneys’ fees in the amount recommended by the Settlement Special Master appointed by the Court, which is $19 million, and for reimbursement of their litigation expenses in an amount not to exceed $600,000. Toyota will not oppose the request for attorneys’ fees, costs and expenses in these amounts.  

Class Counsel will also ask the Court to award each of the Class Representatives service awards in the amount of $5,000 for the time and effort each spent assisting Class Counsel, participating in discovery (including having their depositions taken), and representing Class Members. Toyota will not oppose the request for Class Representative service awards in this amount.

The Court must approve the request for attorneys’ fees, litigation expenses and the request for service awards. 

The amounts awarded by the Court will not be deducted from the Settlement Fund; rather, they will be paid separately by Toyota, in addition to all the other benefits provided by the Settlement Agreement. 

In the event that the Court awards less than $19 million in attorneys’ fees recommended by the Settlement Special master, the difference between the amount requested and the amount awarded will be deposited into the Settlement Fund. 

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.

The Settlement will not be final unless and until the Court grants final approval of the Settlement at or after the Fairness Hearing and after any appeals are resolved in favor of the Settlement. See FAQ No. 3. Please be patient and check the website identified in the Notice regularly. 

Please do not contact the Court. All questions should be directed to the Settlement Notice Administrator. 


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

QR Code Info
re Vehicle Benefits

QR Code Info re Vehicle Benefits

Long Form Notice

Click here to open Long Form Notice

Aviso de Formulario
de Larga Duración

Click here to open Aviso de Formulario de Larga Duración

Am I a Class Member?

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.

Opt-Out Form

Click here to safely and securely submit a Opt-Out Form.

Important Dates

  • Opt-Out Deadline

    Wednesday, October 26, 2022 If you Opt-Out you cannot object to the Settlement.  You can submit an Opt-Out form electronically, through this website, or by mail.  If you choose to Opt-Out of the Settlement by mail, Section 12 of the Notice contains important information you must include in your written Opt-Out request.

  • Objection Deadline

    Wednesday, October 26, 2022 Write to the Settlement Notice Administrator about why you do not like the proposed Settlement. Section E of the Notice contains important information about what you must do if you would like to object to this Settlement.

  • Registration and Reimbursement Claim Form Deadline

    Friday, May 12, 2023 The deadline to submit the Registration and Reimbursement Claim Form is  May 12, 2023.

  • Fairness Hearing Date

    Friday, January 13, 2023 The Final Approval Hearing is scheduled for Friday, January 13, 2023. Please check this website for updates.

Documents

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