I got an e-mail from an attorney's office that represents people who have used CARFAX is the past year. Seems my misgivings about CARFAX may be true...

Here is the e-mail.

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.

 

Careful, it may just be a lawyer out fishing for money. Some of them do that. Try to start a class action, and then if they get enough people, they call teh company and get paid off to leave it alone, even if the company did no wrong.

 

And what does Mr. Class Action Attorney get? many, many Millions in CASH!!!
Meanwhile, CarFax simply passes these costs onto subsequent users of their services and adds legal disclaimers to keep from getting in dutch again.

K.

 

It's the American way! Sue yourself into prosperity.

 

so what did carfax do?

 

I believe the attorney typically receives 1/3 of the settlement as payment.

 

Yes, my friend- it is so.... client fishing from the originator. anything else and it would come from CARFAX itself per direction of the Court AFTER the hearing. Sounds like a car was inappropriately titled when it had a salvage title- insurance companies usually buy back cars and do not have to re license them, BUT if they claim all the damage was fixed they CAN get a new title.. watch out for Hurricane damaged caras now.

this dealership most likely got their hand caught in the cookie jar with a customer who was sold a car that had prior damage but was unreported.
that is a big ebay scam too! so rather than take responsibility, they turn it out or tell the Court they are the victim too.

lawyers get paid for each social security number first then each response gets charged a half hour legal fee. the amount varies but it does add up to a whopping sum going solely to the lawyers and first party due.

EBAy got sued for raising up a total bid, not the bid which was automatically just over current bid. The original guy got bought out for 200,000.000 and the father son team buying him out, did 'research' so the Court awarded them 800,000.00. the lawyers in defense and representation got 4.1 million. what did you or I get as a Class action member? 0.013 cents
so the Court states that Ebay has to make a legal notice instead to cover that payment to all affected members.

I only do divorces, custody, lemon law and special education cases or specific labor law arbitrations. If I had to do torte law, I would have to shoot someone.........Torte Law only changes company practices. that's why your coffee now says 'it's hot"(stella graynauer v. McDonald's) RV handbooks tell you do not leave the driver seat to make coffee while underway. iron manufacturer's have to include a warning that you are not to iron clothes while wearing them. Rectal thermometer's say on the package that they have been personally tested. ( not my kind of job) ah, but I could go on forever.....

 

NOTICE OF CLASS ACTION SETTLEMENT

Wouldn't that mean a settlement has been reached? Or is it just a ruse to get you to respond?

Carfax has agreed that it will pay up to $566,000 in such fees and costs if awarded by the Court.

Ah! CARFAX has agreed to a settlement of $566,000 if the court accepts the settlement. Attorney's fees are still being negotiated. Interesting

Wannbeme, You may be surprised to learn the "hot coffee" law suit even affected the sport aviation industry. There are several European aircraft manufacturers that will not allow their aircraft to be sold in the country due to that specific law suit. We could be able to buy certified sport aircraft for about $35K instead they charge $100K simple because of liability insurance. Anecdotal evidence at best, but it affects my world.

 

This is a little off subject.. but..

When I sold my Durango Carfax told me I had 3 entries on it and if i wanted to see them I had to buy the report...

I was the owner of the truck and wanted to know what they were to verify them.. the vehicle had only been in 1 minor fender bender yet there were 3 entries.. (I was rear ended and a new bumper was installed).

I never did find out what was on there but you should be able to see what they are saying about your own vehicle to verify their info is correct!!! at no cost.. Kinda like your once a year free credit report.

And what do you do if the info there is wrong???