We are pleased to announce a proposed settlement in the 2003 Hyundai Tiburon flywheel/clutch class action. As you may know, the lawsuit alleges that the clutch and flywheel parts installed in the 2003 Tiburon GT are defective and that Hyundai knew of these defects, but failed to disclose them to consumers. Hyundai denies all of the Plaintiffs’ allegations.
The proposed settlement will not become effective unless the Court approves it by ordering final settlement approval. For now, it is important you gather and save your receipts for flywheel/clutch repairs and related rental car expenses.
The Proposed Settlement
Under the proposed settlement, eligible class members can receive cash reimbursements for money spent on certain repairs to flywheel / clutch parts on their 2003 Hyundai Tiburons. The repairs will generally be reimbursable if they were performed within 10 years or 100,000 miles (or within 5 years or 60 thousand miles if purchased used). The reimbursement amount will be based on the amount spent and the vehicle mileage at the time of the repairs:
n For vehicles with up to 50,000 miles at the time of repair, the reimbursement will be 100% of the amount paid for the repair.
n For vehicles with between 50,001 and 75,000 miles at the time of repair, the reimbursement will be 75% of the amount paid for the repair.
n For vehicles with between 75,001 and 100,000 miles at the time of repair, the reimbursement will be 50% of the amount paid for the repair.
The reimbursement amounts may be lower if the repairs were made with non-Original Equipment Manufacturer (OEM) parts or were not performed at a Hyundai dealership or service facility.
Eligible class members can also choose, instead of receiving cash, to get either (1) a debit card for Hyundai goods and services redeemable at participating Hyundai dealers equal to 125% of their claim’s cash value, or (2) a voucher toward the purchase of a new Hyundai vehicle equal to 175% of their claim’s cash value.
For example: A Class member who paid $2,000 for an eligible flywheel / clutch repair on a 2003 Tiburon that had 45,000 miles can choose to receive (1) a debit card that can be redeemed for $2,000 cash; (2) a debit card for $2,500 toward the purchase of Hyundai goods and services; or (3) a voucher for $3,500 toward a new Hyundai vehicle.
Class members will be eligible to receive up to $150 in rental expenses for each flywheel / clutch repair.
What Happens Next?
The Court has ordered that notice of the proposed settlement, along with a claim form, be mailed to current and former 2003 Tiburon owners. The notice is scheduled for mailing during the next month. The notice will provide more information about the lawsuit, your legal rights, and the details of the settlement including what benefits are available, who is eligible for them, and how to get them. Class members will then have the opportunity to make their claims for reimbursement and to provide feedback on the settlement to the Court.
After notice goes out, the Court will hold a final hearing to determine whether the settlement should be approved. This means that class members will only get the benefits of the settlement if it is finally approved. The final approval hearing is scheduled for June 28, 2010.
What Do I Need To Do?
For now, continue to save your receipts for flywheel / clutch repairs and associated rental car expenses. Within the next month, you should receive the class action notice and claim form (we will also send these out by email to people who have contacted the firm and make them available at
http://www.girardgibbs.com/hyundai.asp).
What If I Have Additional Questions?
If after reviewing the notice and claim form you still have questions, please feel free to respond to this email, visit our website (
http://www.girardgibbs.com/hyundai.asp), or contact us at (415) 981 4800.
Girard Gibbs LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: (415) 981-4800
Fax: (415) 981-4846
www.girardgibbs.com
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