GM Ignition Switch Economic Settlement (GMIgnitionSwitchEconomicSettlement.com)

Are you a current or former owner or lessee of a GM (General Motors) vehicle that was subject to certain 2014 recalls (see below)? If so, you need to read this article, which summarizes information on the official settlement site at GMIgnitionSwitchEconomicSettlement.com. How much will you get? How do you access the claims center? Keep reading.

The 2014 recalls involved:

• the ignition system
• key rotation
• electronic power steering
• side airbag wiring

The plaintiffs claim that consumers overpaid when they bought or leased these vehicles.

While General Motors denies these allegations, they have agreed to “a settlement to avoid the risk and cost of further litigation.”

The Plaintiffs and their attorneys think that the Settlement is in your best interest “and that it is fair, reasonable, and adequate.”

To learn more about the Settlement, you are referred to the Long Form Notice document (see below), which explains the terms of the Settlement and your legal rights.

It provides information not only about economic loss claims relating to the Recalls filed in the United States District Court for the Southern District of New York in In re: General Motors Ignition Switch Litigation, Case No. 14-MD-2543 (JMF) (“MDL 2543”), but also about those filed in the past, present or future in any federal or state court or other tribunal, and all economic loss claims in the chapter 11 case pending in the United States Bankruptcy Court captioned In re Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., Case No. 09-50026 (MG) filed in the United States Bankruptcy Court for the Southern District of New York.

Am I Included in the Settlement?

You are included if you owned, purchased, or leased a GM vehicle in any of the fifty States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and all other United States territories and/or possessions, which was subject to recalls with the National Highway Traffic Safety Administration (“NHTSA”).

You may have received a postcard with a Unique ID.

If not, you can find out if your vehicle is included in the Class, using the provided Vehicle Identification Number (“VIN”) lookup tool.

You are excluded if you belong to one of the following groups:

• daily fleet rental companies
• governmental entities
• authorized GM dealers
• persons who already released their claims as part of a different settlement

If you’re included, you also need to determine which Subclass you belong to.

There are five Subclasses and if you owned and/or leased more than one Subject Vehicle, you may be in more than one subclass.

1. The Delta Ignition Switch Subclass – Recall No. 14v047.
2. The Key Rotation Subclass – Recall Nos. 14v355, 14v394, and 14v400.
3. The Camaro Knee-Key Subclass – Recall No. 14v346.
4. The Electronic Power Steering Subclass – Recall No. 14v153.
5. The Side Airbag Subclass – Recall No. 14v118.

For more information about these recalls, see here.

I’m Included! How Do I Move Forward?

If you’re included in the settlement, you have several options:

1. You may submit a claim form before March 17, 2021 online or by mail/email to receive a payment from the $121.1 million Settlement Fund.
2. You may exclude yourself (“opt out”) before October 19, 2020. This will allow you to retain the right to sue General Motors and certain other related parties about the same claims alleged in this lawsuit.
3. You may object also before October 19, 2020 by writing to the Federal District Court to object to the Settlement, explaining why you do not like the Settlement.
4. You may also go to the hearing at December 18, 2020 at 9:30 am (Eastern Time), where the Settlement will be approved or disapproved by the Court. You will have an opportunity to speak at the hearing.
5. Finally, you can always do nothing, which basically means you will not get any money while still losing the right to sue General Motors.

Here’s a list of important documents.

You can also review any legal documents that have been filed with the Clerk of Court at:

Thurgood Marshall United States Courthouse
40 Centre Street
New York, NY 10007

Alternatively, you can access the District Court dockets in these cases through the court documents and claims register website or through the Court’s Public Access to Court Electronic Records (PACER) system.

How Much Will I Get if I join?

The actual dollar amount you will received is not yet known since it depends on

1. how many eligible claims are submitted for each subclass
2. the amount of the Net Common Fund – the Settlement Amount less the costs of providing notice to the class and the expenses of administering the Settlement

The total Settlement Amount In exchange for Class Members’ release of the Released Claims is $121.1 million. From this settlement implementation costs will be deducted.

(The lawyers’ fees will not be deducted from the $121.1 million; Plaintiffs’ Class Counsel will ask the Federal District Court for up to $34.5 million in Attorneys’ Fees and Expenses.)

Your Subclass will also determine how much you will get. Members of two Subclasses with claims relating to the ignition switch will get more money than those of the other three Subclasses (Camaro Knee-Key Subclass, Electronic Power Steering Subclass, and Side Airbag Subclass).

The Delta Ignition Switch Subclass will get twice the amount, while the Key Rotation Subclass 1.5 times the amount.

You will get money, but you will also lose your right to sue General Motors for any economic loss claims that you have or may have in the future, directly or indirectly, against the company and related parties.

I Want to Retain My Right to Sue. How Do I Opt Out?

If you do not want to participate in the Settlement, you can opt out or exclude yourself from the Class by sending a letter by mail to the Class Action Settlement Administrator, including:

• Your full name, current address, and email
• The name of this case: In re: General Motors Ignition Switch, Case No. 14-MD-2543 (JMF)
• The dates when you owned or leased the Subject Vehicle
• The make, model, model year, and VIN of the Subject Vehicle
• Your address at the time you owned or leased the Subject Vehicle
• A clear statement that you want to be excluded from or opt out of the Class and the Settlement
• Date & signature.

Postmark no later than October 19, 2020, and mail to:

In re: General Motors Ignition Switch, Case No. 14-MD-2543 (JMF)
GM Ignition Switch Economic Settlement Claims Center
c/o JND Legal Administration
P.O. Box 91355
Seattle, WA 98111

Again, if you opt out or exclude yourself from the Class, you will not get any money from this Settlement.

I’m Not Happy with the Settlement

If you are not happy with the proposed Settlement, you may object, writing the reasons why you think the Court should not approve these items to the District Court, and mailing them to (postmarked by October 19, 2020):

The District Court
Clerk of Court
Thurgood Marshall United States Courthouse
40 Centre Street
New York, NY 10007

Your objection must include your:

• full name
• current address
• address at the time of ownership or lease of the Subject Vehicle
• telephone number
• the make, model, model year, VIN, and dates of ownership or lease of the Subject Vehicle
• the specific reasons for the objection
• any legal support you wish to bring to the Court’s attention
• any evidence
• other information you wish to introduce in support of the objection
• a statement of whether you intend to appear and argue at the Fairness Hearing

You may file your objection on your own behalf or through an attorney retained at your own expense.

Fairness Hearing

The Federal District Court will decide whether to approve the proposed Settlement on December 18, 2020, at 9:30 a.m. Eastern before Judge Jesse M. Furman, Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007, Courtroom 1105.

The District Court will consider any objections and listen to people who have asked for permission to speak at the hearing.

You don’t have to attend the hearing even if you send a written objection.

However, if you want to speak at the hearing and have submitted a proper written objection to the Settlement, then you or your lawyer may, at your own expense, come to the hearing and speak.

When Will the Settlement Become Final?

At or after the hearing, the Court will decide whether to approve the proposed Settlement, however there may be appeals after that.

Therefore, it is currently impossible to know exactly when and if the Settlement will become final.

There is no set timeline for either the Court’s final approval decision or for any appeals that may be brought from that decision.

Claims Center Contact Information

The Settlement is managed by the JND Legal Administration.

Web: gmignitionswitcheconomicsettlement.com

gmignitionmdl.com – the initial website for this litigation, which was created and maintained at the request of the MDL 2543 Court.

Phone: 1-877-545-0241

Email: info@gmignitionswitcheconomicsettlement.com

Mail:
GM Ignition Switch Economic Settlement Claims Center
c/o JND Legal Administration
PO Box 91354
Seattle, WA 98111

They also have provided a contact form.

Your Representative Lawyers

The lawyers representing the Plaintiffs, who negotiated the Amended Settlement Agreement and jointly filed the Settlement Motion with General Motors are:

Contact Plaintiffs’ Class Counsel (email): GMIgnitionswitch@hbsslaw.com

Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292

Elizabeth J. Cabraser
LIEFF CABRASER HEIMANN & BERNSTEIN
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000

Feedback from the Web

Some people who received postcards regarding this Settlement have shared their stories online. For example, one person reported that his “unique ID” was already claimed. He suggested that perhaps “someone in postal service is collecting all ID numbers and submitting them.”

Some have even claimed this is a scam because there isn’t a list of qualifying vehicles, but the

postcards are mailed out to millions of people who are supposed to put in their old VIN numbers for cars they haven’t owned for a dozen years or more. […] Attorneys will be paid millions while consumers who have to perform significant research are paid pennies. A total time waster but consistent with similar initiatives, This past week I was offered the possibility of a $12 settlement from Google. The flier indicated that the attorneys would be making millions.

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