Mitsubishi Fuso Truck Engine Defect Class Action Settlement
The settlement Class includes all current and former owners or lessees of model year 2012-2016 model year Mitsubishi Fuso Canter trucks.
The settlement establishes a $17.5 million Settlement Fund for the benefit of the Settlement Class. All Settlement Class Members who submit an approved claim (one deemed by the Settlement Administrator to be on time, accurate and complete) will be eligible to receive a share of the Net Settlement Fund according to the following guidelines:
Settlement Class Members whose Subject Vehicle experienced no Qualifying Repairs during their ownership or lease are eligible to receive but not guaranteed $250 for that vehicle.
Settlement Class Members whose Subject Vehicle experienced 1-3 Qualifying Repairs during their ownership or lease are eligible to receive but not guaranteed $2,000 for that vehicle.
Settlement Class Members whose Subject Vehicle experienced 4-6 Qualifying Repairs during their ownership or lease are eligible to receive but not guaranteed $4,000 for that vehicle.
Settlement Class Members whose Subject Vehicle experienced 7 or more Qualifying Repairs during their ownership or lease are eligible to receive but not guaranteed $6,000 for that vehicle.
Instead of seeking a payment as set forth in i-iv above, each eligible Settlement Class Member whose Subject Vehicle experienced at least one (1) Qualifying Repair shall have the option, but not the obligation, to submit proof to the Settlement Administrator documenting consequential losses up to a maximum of $10,000 experienced by the Settlement Class Member as a consequence of Qualifying Repairs.
Such losses shall include only the following out-of-pocket expenses, to the extent not previously reimbursed: The cost of the Qualifying Repair itself, costs of towing, replacement truck rental, vehicle retrieval, storage for a disabled vehicle, travel and hotels.
In the event the Settlement Class Member seeks payment pursuant to this optional prove-up process, the Settlement Class Member cannot seek payment under i-iv above.
Payments to eligible claimants, whether for i-iv above or for proving up to $10,000 in out-of-pocket expenses, may be adjusted pro rata (up or down) depending on the number of eligible claims filed and the total amount of the Settlement Fund available to payclaims.
Buyback Option and Trade-in Credit
In addition to seeking payment above, a Settlement Class Member who currently owns or leases a Subject Vehicle, which has had 9 or more Qualifying Repairs (regardless of who owned the vehicle when it occurred), has mileage of at least 110,000 miles on or before October 26, 2016, and has not had emissions recall C1008400 performed, can request that it be bought back for fair market value. Fair market value of the cab and chassis will be determined based on the average wholesale Black Book value on the Effective Date of the Settlement. Upfitted body components will be compensated at a flat rate of $1,500 per truck. Alternatively, the Settlement Class Member may elect to not turn in the upfitted body components and will be compensated actual costs of up to $1,500 for the costs and labor associated with the removal or transfer of such upfitted body components from the Subject Vehicle to a different truck. Buyback amounts and payments related to upfitted components are paid from the Settlement Fund.
If the buyback amount offered is accepted by the Settlement Class Member, he/she can also claim a purchase credit for the purchase of a new Mitsubishi-Fuso Canter truck. The purchase credit varies, depending on the class of vehicle purchased:
Class 3 truck: $2,000 purchase credit;
Class 4 truck: $3,000 purchase credit or
Class 5 truck: $5,000 purchase credit.
In contrast to all other consideration paid to the Settlement Class Members, this purchase credit is being financed by MFTA, and is not being paid out of the Settlement Fund. Full details and requirements for the buyback option and trade-in credit are in Section 4 of the Settlement Agreement (available at the Case Documents link above).
Payments to Settlement Class Members will exhaust the Net Settlement Fund. No money will be returned to MFTA.
Proof of Purchase
Q+ Food LLC, et al. v. Mitsubishi Fuso Truck of America Inc.,Case No. 3:14-cv-06046District Court for the District of New Jersey
This class action was filed by Q+ Food LLC, a Florida seafood supplier, the plaintiff alleged that Mitsubishi BlueTec engines installed in Mitsubishi Fuso commercial Canter trucks were defective.
According to Mitsubishi the BlueTec technology would aid in the reduction of emissions to comply with EPA regulations
The engines of these trucks were not a better alternative and in fact many had catastrophic failures inclusive of immediate shut down
The defects in these engines resulted in expensive repairs, towing and inability to use the vehicle
MFTA denies the allegations but has agreed to settle