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      08-25-2017, 01:25 PM   #1
Delisic
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Takata Settlement

Who else got this post card and what are our options?

tks.
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      08-25-2017, 02:07 PM   #2
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Your options are to join the class and maybe eventually get a check for $5, or ignore it.
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      08-25-2017, 02:15 PM   #3
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I got the card in the mail the other day and it reminded me to email my service advisor again and ask what the ETA is on parts for my car. She said:

Quote:
Not yet, they don’t give us an ETA.

Once parts are made available for your VIN, another letter will come to you saying in large print at the top… “FINAL REMEDY AVAILABLE.”
So I'll just wait... but still enjoying my car in the meantime.
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      08-25-2017, 02:42 PM   #4
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This may be a very dumb question, but is there any potential reason why one would not sign up for this class settlement?
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      08-25-2017, 03:29 PM   #5
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I haven't had a chance to read through the terms of the settlement. But there are two reasons off the top of my head. One to not be a part of giving the lawyers of the class action any money. And two, to leave the option for me to sue separately if I encounter any damages.

I went this route with the Ducati plastic tank class action law suit. I read the terms and was appalled by the lopsided settlement in favor of the lawyers and Ducati. Those on the Ducati forums questioned why I was opting out. All you had to do was read the settlement terms and understand you're screwed. I find that many times when a class action is done on my behalf the lawyers always make out like a bandit and those affected by the problem only get peanuts.
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      08-25-2017, 03:39 PM   #6
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When a class action lawsuit is approved like the airbag one, if you opt out it actually gives the lawyers more money. Settlement is $131M, after people join and all payments are made, the lawyers get whatever is left.

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Originally Posted by zx10guy View Post
I haven't had a chance to read through the terms of the settlement. But there are two reasons off the top of my head. One to not be a part of giving the lawyers of the class action any money. And two, to leave the option for me to sue separately if I encounter any damages.

I went this route with the Ducati plastic tank class action law suit. I read the terms and was appalled by the lopsided settlement in favor of the lawyers and Ducati. Those on the Ducati forums questioned why I was opting out. All you had to do was read the settlement terms and understand you're screwed. I find that many times when a class action is done on my behalf the lawyers always make out like a bandit and those affected by the problem only get peanuts.
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      08-25-2017, 03:57 PM   #7
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You may owe income tax in excess of what you receive. I believe one is taxed on the gross amount of their share, not the peanuts in the check.
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      08-25-2017, 03:58 PM   #8
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Quote:
Originally Posted by yeezy4me View Post
This may be a very dumb question, but is there any potential reason why one would not sign up for this class settlement?
Yes, because it takes more time to fill out the card info, care about it, and deposit the check you get months or years later than is worth it. I threw my notice away.
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      08-25-2017, 04:00 PM   #9
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Quote:
Originally Posted by bagekko View Post
When a class action lawsuit is approved like the airbag one, if you opt out it actually gives the lawyers more money. Settlement is $131M, after people join and all payments are made, the lawyers get whatever is left.
I have to read the terms of the settlement. With the Ducati class action law suit, the lawyers took care of themselves first by guaranteeing their cut regardless of how many participants there are. That's why I opted out of it along with how the lawyers set the terms to let Ducati off the hook.
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      08-25-2017, 04:09 PM   #10
iminhell1
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I also got a card.

The part that angers me most is that I have gotten a card from some lawyers I've never met, who somehow have my info which I never wanted them to have and did not sign off on them to have ... and that I have not received anything from BMW. But I have not contacted anyone or said one word about wanting my car fixed. I enjoy it too often to give it up for a few hours/days for a fix, right now.
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      08-25-2017, 10:10 PM   #11
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Quote:
Originally Posted by zx10guy View Post
I have to read the terms of the settlement. With the Ducati class action law suit, the lawyers took care of themselves first by guaranteeing their cut regardless of how many participants there are. That's why I opted out of it along with how the lawyers set the terms to let Ducati off the hook.
What Ducati class action? I own two of them.
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      08-26-2017, 01:03 AM   #12
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Quote:
Originally Posted by MGM135is View Post
What Ducati class action? I own two of them.
$500,000 per bike, but the filing deadline was August 23rd.

Did you miss out?

Hope this Helps.
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      08-26-2017, 02:06 AM   #13
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Quote:
Originally Posted by MGM135is View Post
What Ducati class action? I own two of them.
Here's a link to the dirt bags which got paid for doing nothing for us talking about the class action:

https://www.girardgibbs.com/ducati/

They conveniently left off all the legalese which stated how much they were being compensated and what constitutes a covered repair. Before these bozos showed up, Ducati was doing the same repairs as outlined by the class action; namely replacing affected plastic tanks with the same crap tanks. But the new tanks were shortened by direction of Ducati to the supplier of the tank to allow for the replacement tank room to expand. This was done because there was no change in the plastic used to make the tank. So if your original tank from the factory started to distort like a bad elementary school art project, your replacement tank will eventually do the same from being attacked by the Ethanol in the fuel. The class action spelled out the size of the distortion which would be covered and what constitutes a cosmetic or an actual physical failure.

Before the stupid class action, if the dealer made a good enough case, Ducati would grant the repair with the same crap shortened fuel tank under warranty. So nothing changed with the class action except now Ducati had spelled out guidelines on what they will repair and won't repair. The class action also spelled out that Ducati was only responsible for repairing the tank once. If you get it replaced under the class action and it fails/distorts again, youre SOL.

As I said, the class action got the leaches paid and gave specific guidelines for Ducati to deny or get out of covering the defective tanks without forcing Ducati to actually fix the problem. Before the class action there wasn't any spelled out guidelines so if the dealer made a good enough case, the tank would be replaced.
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      08-26-2017, 07:58 AM   #14
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Ah, I own 2013s. Thank you. I guess I’ll miss out on the million dollars.
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      08-26-2017, 03:37 PM   #15
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I thought about joining, but if you sign up for the money you give up the right to sue if your bag goes off and hurts you.

If my air bag had already been replaced, I would sign up for the payment just to get something for the hassle.
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      08-26-2017, 04:29 PM   #16
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If I already have the recall done, can I still join this lawsuit? I haven't gotten my postcard yet but my coworkers already got theirs.
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      08-26-2017, 04:54 PM   #17
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So I'm reading this postcard for the first time ...


"Your other options. If you do not want to be legally bound by the Settlement, you must exclude yourself by September 25,2017. If you do not exclude yourself, you will release any claims you may have against BMW and the Released Parties and receive certain settlement benefits, as more fully described in the Settlement Agreement , available at the Settlement website."



So if I don't want to be part of this, IMO cash grab by sleezy lawyers, then I have to go to the website and opt out?
If I don't I'll just be additional money in their pocket? So if we all opt out these sleezballs will of done work for nothing?
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      08-26-2017, 09:57 PM   #18
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Quote:
Originally Posted by PopsnBurbles View Post
If I already have the recall done, can I still join this lawsuit? I haven't gotten my postcard yet but my coworkers already got theirs.
You actually can't join the class action until after you get the repair done, which I don't really understand...
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      08-26-2017, 11:07 PM   #19
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Quote:
Originally Posted by PopsnBurbles View Post
If I already have the recall done, can I still join this lawsuit? I haven't gotten my postcard yet but my coworkers already got theirs.
I'm wondering the same.

Quote:
Originally Posted by Bimmer-Bob View Post
You actually can't join the class action until after you get the repair done, which I don't really understand...
Very strange. Mine was done prior to me buying my car, and I received no notice. My first 135i still has yet to receive a replacement airbag, and I haven't heard anything relating to that either.
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      08-27-2017, 09:41 AM   #20
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This seems like an exceptionally short period to respond and opt out. Basically 2 weeks to evaluate options and right at Labor Day & the start of school. I need to review the card and settlement agreement. I also need to call the dealer about my replacement airbag.
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      08-27-2017, 03:13 PM   #21
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Quote:
Originally Posted by Gangplank View Post
This seems like an exceptionally short period to respond and opt out. Basically 2 weeks to evaluate options and right at Labor Day & the start of school. I need to review the card and settlement agreement. I also need to call the dealer about my replacement airbag.
Extremely short. I've been involved in a number of class action suits and most allow for a much longer response period.
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      08-28-2017, 01:34 PM   #22
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I got my card in the mail maybe a month ago.
I haven't done anything with it.
My airbag still hasn't been replaced.

I'm sure I'll get screwed no matter what I do.
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