Sharon Cheng, et al. v. Toyota Motor Corporation, et al.

U.S. District Court for the Eastern District of New York
Case No: 1:20-cv-00629-WFK-JRC

If You Own or Lease or Previously Owned, Purchased, or Leased Certain Toyota or Lexus Vehicles, You Could Get Benefits from a Class Action Settlement.


 Para ver este aviso en español, visite este enlace.

  • There is a proposed Settlement that has been preliminarily approved by the Court in a class action lawsuit against Toyota Motor Corporation (“TMC”), Toyota Motor North America, Inc. (“TMNA”) (collectively, “Toyota”) and Denso International America, Inc., (collectively “Defendants”) concerning certain Toyota and Lexus vehicles equipped with Denso fuel pumps. If you are included in the Settlement, you have legal rights and options and deadlines by which you must exercise them.
  • You are included in the Settlement if you own(ed), purchase(d) or lease(d) certain Toyota or Lexus vehicles (“Covered Vehicles”) which are equipped with fuel pumps manufactured by Denso. This Settlement website contains a VIN lookup tool to determine if your vehicle is part of the Class.
  • The Settlement offers several benefits, depending on the vehicle, including a Customer Support Program providing prospective coverage of 15 years, measured from the date of original sale, for any repairs to correct defects in the fuel pumps or an Extended New Parts Warranty of 15 years, measured from July 15, 2021, or 150,000 total odometer miles, whichever comes first.  The Settlement also offers a complimentary Loaner/Towing Program for vehicles undergoing fuel pump repairs, reimbursement of certain out-of-pocket expenses; a reconsideration procedure; and settlement oversight by a Settlement Special Master.  These are described in more detail below, in the Settlement Agreement, and the Notice.

Please read this website carefully. Your legal rights are affected, whether you act or do not act. You are encouraged to periodically check this website, because it will be updated with additional information from time to time.

YOUR RIGHTS AND CHOICES

YOU MAY:

 

DATE

SEEK COVERAGE UNDER THE CUSTOMER SUPPORT PROGRAM FOR THE ORIGINAL EQUIPMENT LOW PRESSURE FUEL PUMP FOR ADDITIONAL VEHICLES

You may have your Additional Vehicles (see Appendix A for list of Additional Vehicles) inspected and, if necessary, repaired by an authorized Toyota Dealer at no cost to you.

 

You do not need to do anything to seek coverage for your Additional Vehicle under the Customer Support Program.  If you do not exclude yourself from the settlement, and the settlement is finally approved, you will automatically be able to participate in the Customer Support Program. [1]

The duration of prospective coverage for the fuel pump unit will begin 30 days following the date of the Final Judgment and run for 15 years measured from the Date of First Use, which is the date the vehicle was originally sold or leased by a Toyota Dealer.

BENEFIT FROM THE EXTENDED NEW PARTS WARRANTY

Toyota shall extend the new parts warranty coverage for the fuel pump kit replaced (“replacement fuel pump kit”) on the Subject Vehicles (see Appendix B for list of Subject Vehicles), pursuant to the Recall, and the SSC Vehicles (see Appendix C for list of SSC Vehicles), pursuant to the SSC.

You do not need to do anything to seek coverage under the Extended New Parts Warranty.  If you do not exclude yourself from the settlement, and the settlement is finally approved, the new parts warranty coverage will be extended for 15 years, measured from July 15, 2021, and up to 150,000  total odometer miles, whichever comes first.

SEEK COVERAGE UNDER THE LOANER/TOWING PROGRAM

If you own or lease an Additional Vehicle that is having its fuel pumps replaced pursuant to the Customer Support Program, or Subject Vehicle or SSC Vehicle that is having its fuel pump replaced pursuant to the Extended New Parts Warranty, upon your request you shall be provided, without cost, the same loaner or rental vehicles and/or towing options provided to the Subject Vehicles under the Recall(s).  If you have a demonstrated need for a loaner or rental vehicle similar to your Covered Vehicle, Toyota, through its dealers, will use good faith efforts to satisfy the request. 

The duration of the Loaner/Towing Program will last during the duration of the Customer Support Program and/or the Extended New Parts Warranty.




FILE A CLAIM TO SEEK REIMBURSEMENT

You may submit Claims for previously paid out-of-pocket expenses incurred to repair or replace a Fuel Pump of Covered Vehicles that were not otherwise reimbursed and that were either (a) incurred prior to the Initial Notice Date; or (b) incurred after the Initial Notice Date and before the Final Effective Date, so long as you were denied coverage by the Toyota dealer prior to incurring the cost. 

This is the only way that you can get reimbursed.



The deadline to submit Claim Forms is ninety (90) days after the Court issues the Final Order and Final Judgment, which will occur, if approved, after the Fairness Hearing.[2] This date will be no earlier than March 14, 2023.

OBJECT

Write to the Court about why you do not like the proposed settlement.

November 25, 2022

EXCLUDE
YOURSELF

Ask to get out (opt out) of the proposed settlement.  If you do this, you are not entitled to any of the settlement benefits, but you keep your right to sue Defendants about the issues in your own lawsuit.

December 2, 2022

APPEAR IN THE
LAWSUIT OR GO
TO THE FAIRNESS HEARING

You are not required to appear in the lawsuit in order to participate in the proposed settlement, but you may appear on your own or through your own lawyer, at your expense, in addition to filing an objection if you do not opt out.  You can also ask to speak in Court at the Fairness Hearing about the proposed settlement, if you have previously filed an objection and submitted a timely notice of intention to appear at the Fairness Hearing.

December 14, 2022 at
10:00 a.m. Eastern time

DO NOTHING

You will be included in the Class but may not receive certain settlement benefits that you may otherwise be eligible for and you give up the right to sue Defendants about the issues in the lawsuit. 

 

 
1 Salvaged Vehicles, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.
2 Vehicles where the title, at any point, was transferred to a salvage yard, junkyard, wreckage facility, or similar entity, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.

This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-512-2318
Mail
Cheng v. Toyota Motors
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

Documents

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

Contact

Contact us with any inquiries, comments, and/or requests.

Claim Form

Claim Form

VIN Look Up

VIN Look Up

Important Dates

  • Exclusion Deadline

    Friday, December 2, 2022
    Ask to get out (opt out) of the proposed Settlement. If you do this, you are not entitled to any of the settlement benefits, but you keep your right to sue Defendants about the issues in your own lawsuit.
  • Objection Deadline

    Friday, November 25, 2022 You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Friday, November 25, 2022.
  • Final Approval Hearing Date.

    Wednesday, December 14, 2022 The Final Approval Hearing is scheduled for Wednesday, December 14, 2022 at 10:00 AM Eastern Time. Please check this website for updates.

Important Documents

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