The Court held a Fairness Hearing on June 26, 2020 and issued the Final Order and Judgment on June 30, 2020. However, there may be appeals which may delay the conclusion of the case. It is always uncertain whether these appeals can be resolved, and resolving them can take time. The final or “Effective Date” of the Settlement will be the first day after (i) the Court enters a Final Order and Judgment approving the Settlement and (ii) either all appeals have been finally determined or resolved in a manner which affirms the Final Order and Judgment, or no appeal was filed and the time to do so has expired. Information about the progress of the case will be available on this website.
If the Settlement Administrator approves your claim, a reimbursement check will be sent to you within sixty (60) days after receipt of your claim or sixty (60) days after the Effective Date, whichever is later. If the Settlement Administrator determines your claim should not be paid or should be paid only in part, then you will be mailed a letter telling you the amount you are to receive, if any; the reason(s) why your claim was denied in whole or in part; and your rights to either accept the award or seek additional review of your claim. The letter will be mailed within the same period described above. The letter will be accompanied by a Claim Decision and Option Selection Form which explains your rights and must be completed and mailed back to the Settlement Administrator if you choose certain options described below.
If your claim is denied in whole or in part, you will have the following options to choose from:
- You may accept the reimbursement award either by doing nothing or, for faster processing, checking the appropriate box on the form stating that you are accepting the award and mailing the form back to the Settlement Administrator. If you accept the reimbursement amount awarded by the Settlement Administrator, you may not later contest the sufficiency of the amount awarded.
- If the Settlement Administrator denied your claim in whole or in part because you did not submit sufficient proof, and you have additional documents that contain the information missing from your original claim, you will have the opportunity to “cure” your claim by checking the appropriate box in the form and mailing the appropriate documents with the form to the Settlement Administrator within thirty (30) days of receiving the letter. If the paperwork contains the needed information (and you are otherwise eligible), you may receive a greater or full reimbursement. If not, you will still have the option of requesting a second review of your claim. You will receive the Settlement Administrator’s response within sixty (60) days of the Effective Date or within forty-five (45) days after receipt by the Settlement Administrator, whichever occurs later.
- If you do not agree with the Settlement Administrator’s decision, you can request a second review of your claim.
- To request a second review, you must check the appropriate box on the Claim Decision and Option Selection Form received from the Settlement Administrator, and mail the form back to the Settlement Administrator within (a) thirty (30) days of receiving the initial letter, or (b) thirty (30) days of your receipt of the Settlement Administrator’s response to your “cure” attempt discussed in paragraph (b) above. You may rely solely on the documents and proof already submitted, and if you choose, you may submit a written statement setting forth the reasons why you believe the decision on your claim should be different.
- The second reviewer will review the original decision and determine, based upon the claim and materials you submitted, whether the initial determination should be adjusted.
- The second review determination will be mailed to you within forty-five (45) days of the date in which the request for second review with supporting documentation was received by the Settlement Administrator, or within sixty (60) days after the Effective Date of the Settlement, whichever is later. It will state the reasons why the initial determination was either adjusted or not changed. If a reimbursement is awarded, it will be included with your second review determination.
To check on the status of your claim, you can call the Settlement Administrator at 1-844-924-0857.
In the event that you wish to appeal the Settlement Administrator’s second review determination, you may appeal the determination to the Better Business Bureau (“BBB”). Any appeal to the BBB must be made within ninety (90) days following the date of the Settlement Administrator’s second review determination, and any decision by the BBB will be final and binding upon both parties.
Subaru will pay any cost charged by the BBB for resolving the dispute, but you will be responsible for your own attorneys’ fees, should you retain an attorney, and other expenses.