1. What is a class action lawsuit?
A class action is a lawsuit brought by one or more plaintiffs on behalf of a group of individuals making the same or similar claims against a company or another individual.
2. What is this lawsuit about?
The lawsuit involves certain purchased and leased Subaru WRX and WRX STi vehicles from model years 2012 through 2017. A list of the specific vehicles involved in this lawsuit can be found in the Settlement Class Notice. A copy of that notice was mailed to all known class members, and a copy can also be found on this website. Plaintiffs allege that the vehicles suffer from a design defect that can cause premature connecting rod and main bearing failure. The lawsuit alleges that Subaru has violated certain consumer statutes and breached certain warranties. Subaru denies these allegations and maintains that these vehicles do not suffer from the alleged defect. Subaru maintains that the vehicles function in a proper manner, were properly designed, manufactured, distributed,
marketed, advertised, warranted and sold and denies any wrongdoing. The Court has not resolved the merits of any of the claims or defenses in the lawsuit.
3. Why is this lawsuit being settled?
The parties are settling the lawsuit because they believe that the Proposed Settlement is fair, reasonable, adequate, and in the best interest of Settlement Class Members and each of the defendants, and that a settlement is the most efficient and cost-effective way to resolve their disputes.
4. Why is this called a "Proposed" Class Action Settlement?
The Settlement is “Proposed” at this point because it has been preliminarily approved by the Court and will be the subject of a later Court hearing called a "Fairness Hearing," which is currently scheduled for 11:00 a.m. on June 5, 2019. At that hearing, the Court will make a final decision as to whether the Settlement is fair, reasonable, and adequate to Settlement Class Members, and whether the Settlement should be approved. Reimbursement to eligible Settlement Class Members will not be provided until after the Court’s final approval of the Proposed Settlement.
5. Who is a Settlement Class Member?
You are a Settlement Class Member if you purchased or leased one of the specific Subaru vehicles listed in the Settlement Class Notice, and you purchased your vehicle in the continental United States of America (including Alaska), as defined in the Settlement Class Notice mailed to Class Members. These vehicles are referred to as the "Class Vehicles."
6. What is being offered under the Proposed Settlement?
The Proposed Settlement provides several benefits for Settlement Class Members:
An extension of the Powertrain Limited Warranty, to cover repairs by an authorized Subaru dealer as needed to correct connecting rod bearing or main bearing failure, to a period of eight (8) years or one hundred thousand (100,000) miles, whichever occurs first (hereinafter, the "Extended Warranty"). The same terms and limitations available under the original Powertrain Limited Warranty apply to the Extended Warranty. Consistent with those original terms and limitations, SOA will not repair any Settlement Class Vehicles that, prior to the connecting rod bearing or main bearing failure, contained certain modifications listed in the Settlement Agreement, or other conditions typically disqualifying the vehicle for coverage.
To the extent not previously reimbursed, a cash reimbursement may be available if you previously paid out-of-pocket for costs associated with a repair to your vehicle to address connecting rod bearing or main bearing failure.
To the extent not previously reimbursed, a cash reimbursement of up to $90 may be available, subject to the terms outlined in the Settlement Agreement, if prior to the date of the Class Notice, you made qualifying out-of-pocket payments for a rental car while your Settlement Class Vehicle underwent repairs related to connecting rod bearing or main bearing failure
To receive any cash reimbursements pursuant to this settlement, you must submit, via this website or by mail, the Reimbursement Claim Form together with the proof described in that form. You must submit or mail your form by May 22, 2019. Cash reimbursements will be made only if the Court approves the Settlement.
7. How do I participate in the Proposed Settlement?
If the Proposed Settlement is approved by the Court, all Settlement Class Members who qualify for the Extended Warranty will automatically receive the extension described in the Class Notice. You are not required to submit a Claim Form to receive the benefit of the 8 year/100,000 mile Extended Warranty.
If you believe you are also entitled to a cash reimbursement under the terms described in the Class Notice, then you must submit, via this website or by mail, the Claim Form together with the proof described in that form. You must submit or mail your form by May 22, 2019. Cash reimbursements will be made only if the Court approves the Settlement.
8. If I already paid for a repair, or incurred other covered expenses under the settlement, what information do I need to include with the claim form in order to get reimbursed?
Settlement Class Members seeking cash reimbursement must submit genuine and legible copies of documents proving that you are a Class Member and that your claim satisfies the requirements for a reimbursement, which may include receipts, credit card statements, bank statement, invoices, or historical accounting record receipts. Please see the Reimbursement Claim Form for full details regarding the documentation and information that must be submitted in support of your claim
9. How and when do I submit my claim form?
You may submit a Claim Form now or wait until the Proposed Settlement is finally approved. Either way, you have until May 22, 2019 to submit a claim. You may submit your claim online – via this website – or you may mail the form, along with the required documentation, to:
Subaru of America, Inc.
Customer Retailer Services Department
Attention: Connecting Rod Bearing Settlement
One Subaru Drive
Camden, NJ 08103
10. When can I expect to receive my benefit?
If the Proposed Settlement is approved at the June 5, 2019 Fairness Hearing, and there are no appeals, all Settlement Class Members who qualify for the Extended Warranty will automatically receive the extension described above. Settlement Class Members who submit properly completed and timely Reimbursement Claim Forms, and who are eligible for cash reimbursement under the terms of the settlement, can expect to receive reimbursement within 60 days after Subaru’s receipt of the claim, or within 60 days of the Effective Date—as defined in the Settlement Agreement—whichever is later.
11. Do I have to be present at the Fairness Hearing?
No. Unless you object to the terms of the Proposed Settlement, you will be represented at the Fairness Hearing by Class Counsel, whose appointment was approved by the Court.
12. What if I have other questions about the Proposed Settlement or my claim?
Efforts have been made to make the claims procedure as easy as possible. If, however, you still have questions about the Proposed Settlement or your claim, you can call Subaru at 1-855-384-8926 for assistance. A dedicated group of customer service representatives has been established for your benefit and specially trained to assist you. You can also find additional helpful information on this website.
13. What if I am not satisfied with Subaru’s decision on my claim for reimbursement?
All disputes concerning your claim should first be addressed to Subaru by calling 1-855-384-8926. If you cannot resolve your differences through Subaru, you may submit yourdispute to the Better Business Bureau’s (BBB’s) AUTO LINE dispute resolution process. All decisions by the BBB will be final and binding. Subaru will pay any costs charged by the BBB for resolving the dispute, but you will be responsible for your own attorney’s fees, should you retain an attorney, and any other expenses you may incur.