What’s an Emissions Opt Out?

The class action settlement process is anything but simple, unless you choose to do nothing. Modern class action settlements automatically include every individual who would be affected by the legal issues being resolved.

With auto cases, a class action settlement can automatically dictate the legal rights of all current and former owners. For a small or trivial issue, this may be fine. However, because an emissions scandal can involve a crucial software update, owners have to be informed. The simple reason? Emissions updates, related to curbing Nitrogen Oxides, can affect the performance and resale value of your vehicle.

An emissions class action settlement can, in nearly every case, directly impact every current and former owner of the vehicle at issue. The settlement is reached between the class action law firm and the manufacturer. As long as the Court believes the settlement is in the best interest of the class, that negotiations were proper, and that lawyers on both sides did not work together to do anything unfair or illegal, these class settlements are frequently approved. And unless Objectors challenge the settlement and, if unsuccessful, make a proper appeal to the higher court regarding the terms or process, millions of owners will be impacted by an emissions class action settlement.

Unless they opt out.

Because almost all class actions automatically include every current and former owner, taking action is necessary to avoid being adversely affected by the class action settlement. According to the usual terms in the fine print, any person who has failed to file an opt out document has, in essence, chosen to agree to the settlement terms. This includes anyone who never even knew a legal issue affecting their rights was ongoing. This may seem unusual, or even unfair, but it’s true – rather than needing to opt in when notified about a possible settlement involving their vehicle, an owner is typically forced to opt out in order to avoid being automatically bound to its terms.

This process can be especially problematic for owners of vehicles impacted by an emissions class action opt out scenario. If the class settlement’s terms do not account for damages due to a problematic software update, or major changes in resale value, significant financial losses could be possible for those forced into the legal limitations created by the class settlement.  

So what information is required for opting out of an emissions class action? The necessary information usually includes:

·      Case Name (and, possibly, Case Number)

·      Name

·      Address

·      Phone number (and possibly email address)

·      VIN number of affected vehicle

·      Make, Model and Year of Class Vehicle

·      A clear statement that the individual(s) affected do not want to be included in the class settlement

·      Signature with date

In addition, the opt out document needed to remove yourself from an emissions class settlement may require proof of ownership, which can include title, sale and any repair records, etc. This sort of official documentation can be challenging to quickly accumulate for former owners and/or those who are pressed by the time constraints imposed by a class action settlement.  

We cannot stress this point enough: the above is merely a summary of information that is commonly requested in a class action opt-out process. This list may not include all details that your class action settlement requires and is merely intended to be a helpful guide for what those who may be potentially impacted by an impending class action settlement. Each individual who believes they are potentially impacted by a current or future class settlement should contact the class administrators and/or visit the class action website that may include questions and answers to ensure that their opt out documentation is complete and timely submitted.

Since opting out can be a complex process, many questions can arise. A lack of uniformity in how each class action, including emissions class actions, should be handled can create confusion. Simple mistakes or delays causing a submission after the posted deadline can be all that the manufacturer needs to prevent an opt-out from being processed or approved as valid. The consequences of either of those outcomes can be costly.

Stern Law is aggressively proactive in helping our clients navigate the opt-out process of an emissions class action settlement so that our clients can pursue an individual claim to obtain the maximum compensation to which they feel they’re entitled. Our help, at no out-of-pocket cost to you, is just part of our start-to-finish legal services available to vehicle owners who wish to avoid a class action settlement that does not adequately protect their interests.

Contact Stern Law to learn about your legal options for filing an individual claim when notified of an emissions class action that fails to properly address your interests. Call (844) 808-7529 or fill out our form today.