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Carfax lawsuit?

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Old 01-05-2007 | 07:31 PM
  #1  
Drkdelfi's Avatar
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From: Orlando, Florida
Carfax lawsuit?

This doesn't have to do with the 8 directly, but its because of the car that I got this email. Before I bought it I had a Carfax report on it, and now months later I get an weird email and I wanted to know what you guys thought or if anybody else got this email. Btw Im very paranoid about online things claiming stuff so Im always careful when I get emails out of the normal.

*Sorry its long*

You are receiving this because we already had your email address as a customer or former customer of Carfax, Inc. ("Carfax"). If you were NOT a customer or former customer of Carfax, our apologies. Please send an email to NotWestCar@gardencitygroup.com to tell us we were mistaken and we won't send you further emails about this settlement. If you were a customer of Carfax, but don't want to receive any additional communication regarding this settlement please send an email to WestCarUnsubscribe@gardencitygroup.com. DO NOT use the "reply" button on your email to try to communicate with us (we will not receive your message that way). Use only the links and other email addresses in this email.

NOTICE OF CLASS ACTION SETTLEMENT

West v. Carfax, Inc., No. 04-CV-1898
Court of Common Pleas, Trumbull County, Ohio
161 High Street, NW, Warren, Ohio 44481-1006

IF YOU HAVE PURCHASED A CARFAX VEHICLE HISTORY REPORT FROM CARFAX PLEASE NOTE THAT A SETTLEMENT OF VARIOUS LEGAL CLAIMS RELATING TO SUCH PURCHASES HAS BEEN PROPOSED IN THIS CLASS ACTION. THE SETTLEMENT MAY AFFECT YOUR RIGHTS.

WHAT IS THIS CASE ABOUT?

Plaintiff claims that Carfax violated the consumer protection laws of all fifty states by not properly disclosing terms and conditions for, and limitations of, Carfax Vehicle History Reports. Carfax denies all of Plaintiff's claims of wrongdoing.

HOW DO I KNOW IF I'M A MEMBER OF THE SETTLEMENT CLASS?

If you purchased a Carfax Vehicle History Report directly from Carfax at any time before October 27, 2006, you're a Class Member for purposes of this settlement.

WHAT DO I GET IF I REMAIN IN THE SETTLEMENT?

Class Members who remain in the settlement can claim a Voucher good for $20.00 off a vehicle inspection by a designated third party within six months of final approval of the settlement, a Voucher good for two free Carfax Vehicle History Reports from Carfax within one year of final approval of the settlement, a Voucher for one free Carfax Vehicle History Report from Carfax within two years of final approval of the settlement, or a Voucher for 50% off an unlimited number of Carfax Vehicle History Reports (for personal, not commercial use) over 30 consecutive days within three years of final approval of the settlement. The Court will also order Carfax to make certain changes in its disclosures and contracting process with customers.

HOW DO I CLAIM A VOUCHER?

To claim a Voucher, you must fill out a claim form and return it to the Settlement Administrator so that it is postmarked no later than May 27, 2007. Claim forms are available at www.WestCarSettlement.com or by contacting the Settlement Administrator at:

West v. Carfax, Inc. Settlement
Settlement Administrator
PO Box 91190
Seattle, WA 98111-9290
1 (888) 257-8216

WHAT HAPPENS NEXT AND HOW DOES IT AFFECT ME?

On April 27, 2007, at 1:00 pm, Judge Andrew D. Logan will hold a hearing at the courthouse at 161 High Street, NW, Warren, Ohio to decide whether to approve this settlement. If he approves the settlement, all Class Members will be bound by the resulting judgment and court orders, and eligible Class Members will be entitled to claim benefits under the settlement. IF YOU DON'T OPT OUT OF THE SETTLEMENT AND IT IS APPROVED, YOU WILL FOREVER RELEASE ANY RIGHTS YOU HAVE TO SUE CARFAX OR ITS RELATED ENTITIES FOR ANYTHING RELATED TO THE FACTS OR CLAIMS COVERED IN THE SETTLEMENT.

HOW DO I OPT OUT OR OBJECT?

If you're a Class Member and want to opt out of this settlement, you must do so in writing by March 13, 2007. You must provide your full name and address, state that you want to opt out of the Carfax settlement in West v. Carfax, Inc., No. 04-CV-1898, and deliver your request by mail, hand or overnight delivery service to the Settlement Administrator so that it is received on or before March 13, 2007. If you want to object to this settlement, you must do so in writing by March 27, 2007. You must provide your full name and address, include all arguments, citations, and evidence supporting your objection, specify who, if anyone, will attend the hearing to speak for your objection, deliver your objection both to Class Counsel and to Defendants' Counsel by mail, hand or overnight delivery service so that it is received on or before March 27, 2007, and file at the same time a copy of your objection with the Clerk of Court in Warren, Ohio.

WHO REPRESENTS THE CLASS?

Plaintiff Edward B. West represents the Class. The lead Class Counsel is William B. Federman of Federman & Sherwood, 10205 North Pennsylvania Avenue, Oklahoma City, Oklahoma 73120. Local Ohio counsel is Curtis J. Ambrosey of Ambrosey & Fredericka, 144 North Park Avenue, Suite 200, Warren, Ohio 44481. You will not pay their attorneys' fees and costs. The Court may award them and their co-counsel attorneys' fees and costs. Carfax has agreed that it will pay up to $566,000 in such fees and costs if awarded by the Court. Defendants are represented by Christopher M. Mason of Nixon Peabody LLP, 437 Madison Avenue, New York, New York 10022. Local Ohio counsel is Hugh E. McKay of Porter Wright Morris & Arthur LLP, 925 Euclid Avenue, Suite 1700, Cleveland, Ohio 44115.

WHAT IF I HAVE QUESTIONS?

IF YOU WANT MORE INFORMATION, VISIT www.WestCarSettlement.com or contact the Settlement Administrator at West v. Carfax, Inc. Settlement, Settlement Administrator, PO Box 91190, Seattle, WA 98111-9290, 1 (888) 257-8216. If you have further questions, you may write to Class Counsel c/o William B. Federman, Federman & Sherwood, 10205 North Pennsylvania Avenue, Oklahoma City, Oklahoma 73120. DO NOT CONTACT THE COURT FOR INFORMATION.

No response to this email is necessary. For additional information about the settlement, visit www.WestCarSettlement.com.

This notice does not mean that the Court has made any decision as to how it would rule on the claims or defenses asserted by any party. This notice is not intended to be, and should not be considered as, an expression of any opinion by the Court with respect to the truth of the allegations or the strength of the claims or defenses asserted in the case.

Please send an email to remove your name from future correspondence via email: WestCarUnsubscribe@gardencitygroup.com. DO NOT use the "reply" button on your email to try to communicate with us (we will not receive your message that way). Use only the links and other email addresses in this email.




I kinda wanted to get what other people thought about this, or any opinions or should I just forget about it completly.
Old 01-05-2007 | 07:41 PM
  #2  
Easy_E1's Avatar
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From: Bellevue WA
You recieved this as an E-Mail? Something of this nature one would think would come as a letter through the mail. They do give you a case# and a court location.
I would see if the court has this case pending on the docket. If it is real then someone is sueing CARFAX. It looks legite to me.
They do give you all kind s of options on determineing the validity and where you stand in the Class Action Suit.
I personally would check it out further for more info. Check the website addy.
Old 01-05-2007 | 07:44 PM
  #3  
mysql101's Avatar
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Joined: Apr 2004
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From: USA
I get that stuff in the mailbox, never via email. Though the wording does sound similar.

here's a url:

http://dealnews.com/deals/Car-Fax-In...it/148385.html
Old 01-05-2007 | 07:58 PM
  #4  
expo1's Avatar
He's as bad as Can
 
Joined: Feb 2004
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From: Manchester, NJ
You get a $ 20.00 Voucher and the lawyers get $566,000 in fees. What do the lawyers do once everyone with a company has been sued??
Old 01-05-2007 | 08:02 PM
  #5  
WhiteDealershipRice's Avatar
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Posts: 405
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From: I am a leaf in the wind...
Google it first, Fake websites Phishing all over the place, so just hot linking fron the addy they provided is risky. Also, it could be a spammer. I've not gotten something similar, and I've used Carfax before the mentioned date so... who knows???

(personally I don't think the lawsuit holds too much water, and yes, that kind of thing should come in the mail. not via email)


EDIT: I don't get a good feeling about this, it says that to be included in the class action YOU MUST reply, but it is worded in such a way that is you want to object, be excluded YOU MUST REPLY IN WRITING AS WELL, otherwise you waive any rights to sue Carfax in the future. Theese guys don't seem to know weather they are working for the "class" (as they call it) or for Carfax (hooking them up with a legal loophole to release them from any liability)

Last edited by WhiteDealershipRice; 01-05-2007 at 08:14 PM.
Old 01-05-2007 | 08:23 PM
  #6  
tiggerlee's Avatar
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Joined: Oct 2004
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From: Orlando & Chicago
I have a Carfax account and I got this same email a few days ago.
Old 01-05-2007 | 11:17 PM
  #7  
Razz1's Avatar
Mu ha.. ha...
 
Joined: Aug 2004
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From: Cali
I'd like to know what they are not revealing when issueing a report.
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