A Court authorized the Notice because you have a right to know about a proposed settlement of a class action lawsuit and about all of your options before the Court decides whether to give final approval to the settlement.  The name of the lawsuit is Vance v. Mazda Motor of America, Inc., et al., Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.). The defendants are Mazda Motor of America, Inc. (“Mazda”) and Denso International America, Inc. (“Denso”) (collectively, “Defendants”).  The Notice explains the lawsuit, the settlement, and your legal rights.  You are NOT being sued.  The Court still has to decide whether to finally approve the settlement.  Please be patient and check this website regularly.  Please do not contact the Court. All questions should be directed to the Settlement Administrator, identified below.

The class action lawsuit claims that the fuel tanks in certain Mazda vehicles are equipped with defective Denso-manufactured fuel pumps.  The lawsuit pursues claims for violations of various state consumer protection statutes, among other claims.  You can read the class action complaint here.  Mazda and Denso deny that they have violated any law and deny that they engaged in any wrongdoing.  The parties agreed to resolve these matters before these issues were decided by the Court.

This settlement does not involve claims of personal injury, wrongful death, or actual physical property damage arising from the Covered Vehicles.

On November 16, 2021, Plaintiffs Townsend Vance and Zachary Haines filed a class action complaint in the United States District Court for the Central District of California, Townsend Vance, et al. v. Mazda Motor of America, Inc., et al., Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.), asserting claims related to Mazda’s November 12, 2021 recall report (the “Recall Report”) to NHTSA voluntarily recalling nearly 121,000 Mazda vehicles manufactured between April 6, 2018 and January 13, 2020 with low-pressure Denso fuel pumps the “Recall”).  The Recall Report states: 

The impeller in some low-pressure fuel pumps may become deformed under certain conditions, which could cause fuel pump failure. Fuel pump failure may result in engine no start and/or vehicle stall while driving at low speed and, in rare instances, a vehicle stall could occur while driving at higher speeds, increasing the risk of a crash. Subject impellers were manufactured with inadequate material which may lead to surface cracking under certain conditions, resulting in impeller deformation. The impeller may deform to the point where it interferes with the fuel pump body causing fuel pump failure. Drivers may notice this defect by a check engine light, and/or rough engine operation. 

Plaintiffs asserted claims on behalf of a statewide classes for: (1) violations of Alabama’s Deceptive Trade Practices Act § 8-19-1 et seq., California’s Consumer Legal Remedies Act § 1750 et seq., California’s Song-Beverly Consumer Warranty Act § 1790 et seq., California’s False Advertising Law § 17500 et seq., California’s Unfair Competition Law § 17200 et seq.; (2) breach of express warranty; (3) breach of implied warranty; (4) negligent recall/undertaking; (5) unjust enrichment; (6) fraudulent omission; (7) strict product liability; and, on behalf of a nationwide class, (8) a claim for violations of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq.; (9) breach of express warranty; (10) breach of implied warranty; and (11) fraudulent omission/concealment. Plaintiffs also alleged that the Recall was deficient because additional Mazda vehicles shared the same fuel pump that gave rise to the Recall. 

On November 23, 2021, Plaintiffs filed a first amended class action complaint (“FAC”) alleging refined allegations regarding the Fuel Pump issue and countermeasure and adding FCA US, LLC (“FCA”) as a Defendant. The first amended complaint asserted 16 claims against Mazda, 7 claims against Denso, and 6 claims against FCA. 

On December 15, 2021, Plaintiffs and Defendants filed a joint stipulation to extend Defendants’ time to respond to the first amended complaint, and, on December 23, 2021, the Parties filed a stipulation to extend the time for Plaintiffs to file a second amended class action complaint (“SAC”). On December 27, 2021, the Court granted the Parties’ stipulation to extend the time to file the SAC and entered a briefing schedule. 

On January 19, 2022, Plaintiffs filed the SAC, further refining their allegations. The Class Action Complaint is brought by 2 named Plaintiffs on behalf of a nationwide class and individual state classes for California and Alabama. There are 17 causes of action. 

On March 16, 2022, Mazda and Denso moved to dismiss all seventeen causes of action for violation of state consumer protection statutes and warranty laws, common law fraud, strict liability, negligent recall, and violation of the Magnuson-Moss Warranty Act. Plaintiffs served their opposition on April 20, 2022, responding to Mazda and Denso’s arguments.  Mazda and Denso filed their replies on May 13, 2022. On May 19, 2022 and July 6, 2022, Plaintiffs voluntarily dismissed their claims against Mazda Motor Corporation and FCA US LLC, respectively.

On the same day, the Court issued an order for Plaintiffs to show cause regarding lack of prosecution of Mazda Motor Corporation and Denso Corporation. On March 22, 2022, Plaintiffs voluntarily dismissed Denso Corporation after negotiating a tolling agreement to avoid timely and costly service under the Hague Convention, and filed their response to the order to show cause requesting an additional thirty days to negotiate a tolling agreement with Mazda.

On April 20, 2022, Plaintiffs filed their oppositions to Defendants’ motions to dismiss and motion to strike nationwide class allegations, and, on May 13, 2022, Defendants filed their reply memoranda.

On May 19, 2022 and July 6, 2022, Plaintiffs voluntarily dismissed their claims against Mazda Motor Corporation and FCA US LLC, respectively.

Between July 7, 2022 and December 2, 2022, the Parties filed stipulations to continue the hearings on the motions to dismiss and motion to strike in an effort to narrow the issues and explore settlement.

On March 31, 2023, the Court denied Defendants’ motions to dismiss and motion to strike without prejudice and with leave to refile if the Parties were unable to reach settlement.

Between March 2023 and December 2023, Mazda produced confirmatory discovery in the aid of negotiations, and Plaintiffs’ independent automotive expert sourced and inspected over 350 Denso Fuel Pumps, and analyzed their operation, specifications, and the density of their impellers. As part of confirmatory discovery, Defendants produced and Plaintiffs analyzed over 6,609 pages of documents related to the design and operation of the subject fuel pumps, warranty data, failure modes attributed to the subject fuel pumps, the Defendants’ investigation into the defect, the Recall, and the defect countermeasure development and implementation. The Parties exchanged multiple rounds of correspondence regarding complex warranty data and failure analysis which helped to inform the scope of settlement. The Parties engaged in numerous in-person, Zoom and telephonic conferences and ultimately were successful in reaching an agreement on the substantive terms of this Settlement.

On January 18, 2024, the Parties jointly informed the Court that they reached a class settlement, were in the process of documenting the settlement, and that Plaintiffs were hopeful to file a motion for preliminary approval by February 29, 2024. ECF Doc. 122. The Court ordered that should Plaintiffs not file a motion for preliminary approval by February 29, the Parties were to file a joint status report advising the Court of their progress. ECF Doc. 123.

On February 29, 2024, the Parties filed a joint status report advising the Court that, inter alia, the Parties had retained a Settlement Administrator, were diligently working to finalize the critical exhibits to the Settlement Agreement, and mediate attorney’s fees and expenses, but required additional time. ECF Doc. 124. On March 1, 2024, the Court issued its Order directing Plaintiffs to file their motion for preliminary approval by April 19, 2024. ECF Doc. 126.

On March 8, 2024, the Parties jointly moved the Court to appoint Patrick A. Juneau as Settlement Special Master. ECF Doc. 127. The Court granted the motion and entered an order appointing Patrick A. Juneau as Settlement Special Master on March 11, 2024. ECF Doc. 128. The Parties had numerous communications with the Settlement Special Master, including an in-person mediation, regarding the negotiations, terms, timing, and other issues related to the Settlement.

On April 18, 2024, the Parties filed a stipulation to extend the deadline to file the motion for preliminary approval to May 3, 2024. ECF Doc. 129. The next day, the Court issued an order granting the stipulated extension. ECF Doc. 130.

Various Mazda vehicles which were equipped with certain Denso fuel pumps (called the “Covered Vehicles”) distributed for sale or lease in the United States, the District of Columbia, Puerto Rico and all other United States territories and/or possessions are included in the settlement.

In a class action, people called “class representatives” sue on behalf of other people who have similar claims.  All of these people together are the “Class” or “Class Members” if the Court approves this procedure.  Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

Both sides in the lawsuit agreed to a settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get benefits, in exchange for releasing Mazda and Denso from liability.  The settlement does not mean that Mazda and Denso broke any laws or did anything wrong, and the Court did not decide which side was right. This settlement has been preliminarily approved by the Court, which authorized the issuance of the Notice. The Class Representatives and the lawyers representing them called Class Counsel believe that the settlement is in the best interests of all Class Members.

The essential terms of the settlement are summarized in the Notice.  The Settlement Agreement along with all exhibits and addenda sets forth in greater detail the rights and obligations of the parties.  If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs.  
 

You are part of the settlement if you are a person, entity or organization who, at any time as of the entry of the Preliminary Approval Order, own or owned, purchase(d) or lease(d) Covered Vehicles distributed for sale or lease in any of the fifty States, the District of Columbia, Puerto Rico and all other United States territories and/or possessions. This is called the “Class.”  

Excluded from the Class are: (a) Mazda, its officers, directors and employees; its affiliates and affiliates’ officers, directors and employees; its distributors and distributors’ officers, directors and employees; and Mazda Dealers and Mazda Dealers’ officers and directors; (b) Denso, its officers, directors and employees; its affiliates and affiliates’ officers, directors and employees; its distributors and distributors’ officers, directors and employees; (c) Plaintiffs’ Counsel; and (d) judicial officers and their immediate family members and associated court staff assigned to this case.

In order to determine if you are a part of the Settlement, you can look up your vehicle’s VIN on the VIN Lookup page. Vehicles where the title, at any point, was transferred to a salvage yard, junkyard, wreckage facility, or similar entity, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.

If you are still not sure whether you are included in the Class, you may call 1-888-825-1230 or go to the VIN Lookup page to determine if your vehicle is part of the Class.

If you believe that you are a Class Member, but you did not previously receive a Direct Mail Notice, you may contact the Settlement Administrator or Class Counsel. You will need to provide necessary documentation for the Settlement Administrator to confirm that you are Class Member eligible for the relief provided in the Settlement Agreement.

Please do not contact the Court. All questions should be directed to the Settlement Administrator at the number above.

If you are a Class Member, what you are eligible to receive depends on several factors.  The settlement benefits are outlined generally below.  The Court still has to decide whether to finally approve the settlement.  No benefits have to be provided until and unless the Court finally approves the settlement and only after any appeal period expires or any appeals are resolved in favor of the settlement.  After the issuance of the Preliminary Approval Order signed by the Court, Defendants, at their sole discretion, may, after consultation with Class Counsel, implement the Customer Support Program in advance of the occurrence of the Final Effective Date.  We do not know when the Court will finally approve the settlement if it does so or whether there will be any appeals that would have to be resolved in favor of the settlement before certain benefits would be provided, so we do not know precisely when any benefits may be available.  Please check www.MazdaFuelPumpsSettlement.com regularly for updates regarding the settlement.

Please note that you may have to take action within certain deadlines to receive certain benefits, such as completing and submitting a claim form for reimbursement of eligible out-of-pocket expenses.  If you do nothing, you may not receive certain benefits from the settlement, and, as a Class Member, you will not be able to sue Mazda and Denso about the issues in the lawsuit.

To determine whether your vehicle is an Additional Vehicle or a Recalled Vehicle, including the specific definitions for each of those terms, please see Appendix A and B.

1. Additional Vehicles: Customer Support Program

If the settlement is finally approved, for Class Members who still own or lease their Additional Vehicles, the Customer Support Program will be implemented.
 
Mazda will offer the Customer Support Program (“CSP”) to all Class Members who, as of the Final Effective Date, own or lease Additional Vehicles.  A Class Member’s rights under the CSP are transferred with the Additional Vehicle.  Salvaged Vehicles, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.  The CSP will provide prospective coverage for repairs (including parts and labor) needed to correct defects, if any, in materials or workmanship in the Fuel Pumps for the Additional Vehicles.  The implementation of the CSP will begin no later than 30 days after the Final Effective Date. Coverage under the CSP for the original parts will continue for 15 years, measured from the Date of First Use, which is the date the vehicle was originally sold or leased from the Mazda Dealer.

Additional Vehicles: Loaner/Towing Program - Without cost to and upon request from Class Members who own or lease Additional Vehicles whose fuel pumps are being replaced pursuant to the CSP, Class Members shall be provided with the same loaner or rental vehicles and/or towing options provided to the owners or lessees of the Recalled Vehicles under the Recall(s).  In appropriate circumstances, where the Class Member has a demonstrated need for a Loaner Vehicle similar to the Additional Vehicle different than what is available under the Recall(s), Mazda, through its dealers, will use good faith efforts to satisfy the request. A Loaner Vehicle will be provided at the time a Class Member drops off her Additional Vehicle for repair or replacement under the CSP. Class Members may return the Loaner Vehicle up to 24 hours after the time they drop off their Additional Vehicle at the Mazda Dealer, or 24 hours after they are informed by the Mazda Dealer that the repair on their Additional Vehicle has been completed, whichever is later. If the Additional Vehicle is inoperable or is exhibiting a dangerous condition, a complimentary tow to a Mazda Dealer upon reasonable notice. The Class Member may contact a Mazda Dealer to arrange for towing to the nearest Mazda Dealer.

In the event that any of the Additional Vehicles becomes the subject of a future or expanded recall for the same or similar impeller issues in a low-pressure fuel pump, those Additional Vehicles will then be entitled to the same relief provided to Recalled Vehicles, as discussed in the next paragraph, such that Class Members with recalled Additional Vehicles shall receive no less relief than provided under the Settlement Agreement. Class Members who currently own or lease, or previously owned or leased, Additional Vehicles may also be eligible to seek reimbursement of covered expenses under the Out-of-Pocket Claims Process, which is described in Section C.8.c, below.

If a Class Member and/or subsequent purchaser/lessee of a Covered Vehicle is denied coverage for repairs (including parts and labor), if any, in materials or workmanship in the Fuel Pumps, pursuant to Section C.8.a. or C.8.b. of this Long Form Notice, the Class Member and/or subsequent purchaser/lessee may take the Covered Vehicle to a second Mazda Dealer for an independent determination. If the second Mazda Dealer determines that the Covered Vehicle qualifies for a repair and/or replacement of the fuel pump kit, the Class Member shall be provided those benefits as provided in this Agreement. If the second Mazda Dealer denies coverage of a Class Member and/or subsequent purchaser/lessee of a Covered Vehicle for repairs (including parts and labor), the Class Member may notify the Settlement Administrator, and the provisions of Section III.D. of the Settlement Agreement found here shall be followed.

During the twelve (12) months after the Final Effective Date, the Settlement Administrator, with cooperation of Mazda’s Counsel and Denso’s Counsel, shall provide quarterly reports to Class Counsel and Settlement Special Master concerning the implementation of and Class Member participation in the Customer Support Program.

2. Recalled Vehicles: Extended New Parts Warranty

Mazda shall extend the new parts warranty coverage for the fuel pump kit replaced (“replacement fuel pump kit”) on the Recalled Vehicles.  The extended warranty will last for 15 years, measured from the replacement date, and up to 150,000 miles, whichever comes first. 

Recalled Vehicles: Loaner/Towing Program - Without cost to and upon request from Class Members who own or lease Recalled Vehicles whose fuel pumps are being replaced pursuant to the Extended Warranty shall be provided with the same loaner or rental vehicles and/or towing options provided to the Recalled Vehicles under the Recall(s).  In appropriate circumstances, where the Class Member has a demonstrated need for a Loaner Vehicle similar to the Recalled Vehicle, Mazda, through its dealers, shall use good faith efforts to satisfy the request. A Loaner Vehicle will be provided at the time a Class Member drops off her Recalled Vehicle for repair or replacement under the Extended New Parts Warranty. Class Members may return the Loaner Vehicle up to 24 hours after the time they drop off their Recalled Vehicle at the Mazda Dealer, or 24 hours after they are informed by the Mazda Dealer that the repair on their Recalled Vehicle has been completed, whichever is later. If the Recalled Vehicle is inoperable or is exhibiting a dangerous condition, a complimentary tow to a Mazda Dealer upon reasonable notice. The Class Member may contact a Mazda Dealer to arrange for towing to the nearest Mazda Dealer. 

If a Class Member and/or subsequent purchaser/lessee of a Covered Vehicle is denied coverage for repairs (including parts and labor), if any, in materials or workmanship in the Fuel Pumps, pursuant to Section C.8.a. or C.8.b. of the Long Form Notice, the Class Member and/or subsequent purchaser/lessee may take the Covered Vehicle to a second Mazda Dealer for an independent determination. If the second Mazda Dealer determines that the Covered Vehicle qualifies for a repair and/or replacement of the fuel pump kit, the Class Member shall be provided those benefits as provided in this Agreement. If the second Mazda Dealer denies coverage of a Class Member and/or subsequent purchaser/lessee of a Covered Vehicle for repairs (including parts and labor), the Class Member may notify the Settlement Administrator, and the provisions of Section III.D. of the Settlement Agreement found here shall be followed.

3. Out-of-Pocket Claim Process

If the Settlement is finally approved, including resolving any appeals in favor of upholding the Settlement, you can ask to be reimbursed if you previously paid for expenses incurred to repair or replace a Fuel Pump of Covered Vehicles that were not otherwise reimbursed and that were either (a) incurred prior to the entry of the Preliminary Approval Order; or (b) incurred after the entry of the Preliminary Approval Order and before the Final Effective Date.  For costs that were incurred after the entry of the Preliminary Approval Order and before the Final Effective Date, the Class Member must provide proof that they were denied coverage by the Mazda dealer prior to incurring the cost.

To be eligible for reimbursement, you must submit a Claim Form and the expenses must have been incurred prior to February 16, 2025. The Claim Form is available here. You must submit your Claim Form and any supporting documentation, if available, for prior paid repair expenses for a covered condition to the Settlement administrator. The deadline to submit Claim Forms is ninety (90) days after the Court issues the Final Order and Final Judgment, which will occur, if approved, after the Fairness Hearing.

The Settlement Administrator will determine whether Claim Forms are complete and timely. If accepted for payment, the Settlement Administrator shall pay the Claim of the Class Member and shall use reasonable efforts to pay timely, valid, and approved Claims within sixty (60) days after the approval of the Claim.  

If your Claim is deficient, the Settlement Administrator will mail you a letter requesting that you complete and/or correct the deficiencies and resubmit the Claim Form within sixty (60) days. If you fail to respond or provide the requested documentation or information, your Claim will be denied. If you provide the requested documentation and/or information and resubmit the Claim Form within sixty (60) days, the Settlement Administrator shall use reasonable efforts to complete their review of the resubmitted Claim Form within sixty (60) days. If accepted for payment, the Settlement Administrator shall pay the Claim in the next distribution of checks.

If the Claim is rejected for payment, in whole or in part, the Settlement Administrator shall notify Class Counsel, Mazda’s Counsel, and Denso’s Counsel of said rejection of Class Member’s Claim and the reason(s) why within sixty (60) days of the rejection. Class Counsel, Mazda’s Counsel, and Denso’s Counsel may meet and confer to resolve any denied Claims. If Class Counsel, Mazda’s Counsel, and Denso’s Counsel jointly recommend payment of the rejected Claims or payment of a reduced claim amount, then Mazda’s Counsel and/or Denso’s Counsel shall inform the Settlement Administrator of the joint recommendation. The Settlement Administrator shall then pay any approved portions of the Claims in the next distribution of checks for allowed Claims. If Class Counsel, Mazda’s Counsel, and Denso’s Counsel disagree on the Settlement Administrator’s initial determination, they shall so notify the Settlement Administrator and Settlement Special Master, with explanation, and the Settlement Special Master shall make a final determination as to whether the Claim shall be paid.  If the Settlement Special Master determines that a Claim is rejected in full or in part, the Settlement Special Master shall so inform the Settlement Administrator who shall mail a notice of rejection letter to the Class Member and email notice to the Class member if an e-mail address was provided. If the Settlement Special Master determines a Claim should be allowed, in full or in part, the Settlement Special Master shall so inform the Settlement Administrator who shall then pay the Claim in the next distribution of checks.

In the event there remains a dispute by a Class Member relating to entitlement to any benefit under the Customer Support Program, the Loaner/Towing Program, and/or the Extended New Parts Warranty that is not resolved after exhausting all other means of resolution available under this Settlement, the Settlement Administrator shall provide a written notice of same, together with all necessary documentation, to Class Counsel, Mazda’s Counsel and Denso’s Counsel within fifteen (15) days of the final act constituting the denial of the benefit. Class Counsel, Mazda’s Counsel, and Denso’s Counsel shall confer and either make a joint recommendation to the Settlement Administrator or separately relay their positions concerning the dispute to the Settlement Administrator within thirty (30) days. The Settlement Special Master shall make a final determination concerning the dispute and provide written notice of same, with directions for implementation, to the Parties and the Settlement Administrator, within thirty (30) days. Mazda’s Counsel, Denso’s Counsel, and/or the Settlement Administrator shall implement the Settlement Special Master’s determination within thirty (30) days. 
If a Class Member’s timely and valid Claim is rejected for payment, in whole or in part, pursuant to Section III.C of this Settlement, the Settlement Administrator shall notify Class Counsel, Mazda’s Counsel, and Denso’s Counsel of said rejection of Class Member’s Claim and the reason(s) why within sixty (60) days of the rejection. Class Counsel, Mazda’s Counsel, and Denso’s Counsel may meet and confer to resolve any denied Claims. 

If Class Counsel, Mazda’s Counsel, and Denso’s Counsel jointly recommend payment of the rejected Claims or payment of a reduced claim amount, then Mazda’s Counsel and/or Denso’s Counsel shall inform the Settlement Administrator of the joint recommendation. The Settlement Administrator shall then pay any approved portions of the Claims in the next distribution of checks for allowed Claims.

If Class Counsel, Mazda’s Counsel, and Denso’s Counsel disagree on the Settlement Administrator’s initial determination, they shall so notify the Settlement Administrator and Settlement Special Master, with explanation, and the Settlement Special Master shall make a final determination as to whether the Claim shall be paid. If the Settlement Special Master determines a Claim should be rejected in full or in part, the Settlement Special Master shall so inform the Settlement Administrator who shall mail a notice of rejection letter to the Class Member and email notice to the Class member if an e-mail address was provided. If the Settlement Special Master determines a Claim should be allowed, in full or in part, the Settlement Special Master shall so inform the Settlement Administrator who shall then pay the Claim in the next distribution of checks.

If the Settlement becomes final, Class Members who do not exclude themselves from the Class will release Mazda and Denso from liability and will not be able to sue Mazda and Denso about the issues in the lawsuit, but will not be releasing any claims for personal injury, wrongful death or physical property damage (except to the Fuel Pump in the Covered Vehicle itself) from the Covered Vehicle.  The Settlement Agreement at Section VII describes the released claims in necessary legal terminology, so read it carefully.  For ease of reference, we also attach the full release section in Appendix C to the Notice.  The Settlement Agreement is available here.  You can talk to one of the lawyers listed in Question 14 below for free or you can, of course, talk to your own lawyer at your own expense if you have questions about the released claims or what they mean.

No. If you exclude yourself, you do not get settlement benefits and you will not be bound by anything that happens in this lawsuit.  If you ask to be excluded, you cannot object to the settlement.  But, if you timely and properly request exclusion, the settlement will not prevent you from suing, continuing to sue or remaining or becoming part of a different lawsuit against Mazda and Denso in the future about the issues in the lawsuit.

No. Unless you exclude yourself, you give up the right to sue Mazda and Denso for the claims resolved by this settlement.  If you do not exclude yourself and the settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Mazda and Denso about the issues in the lawsuit.  

To exclude yourself from the settlement, you must submit a request saying that you want to be excluded from the settlement.  In your letter, you must include:  (a) a heading which refers to the lawsuit, Vance, et al. v. Mazda Motor of America, Inc., et al., Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.); (b) the excluding Class Member’s full name, current residential address, mailing address (if different), telephone number, and email address; (c) an explanation of the basis upon which the excluding Class Member claims to be a Class Member, including the make, model year, and VIN(s) of the Covered Vehicle(s); (d) a request that the Class Member wants to be excluded from the Class; and (e) the excluding Class Member’s dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient).  You can’t ask to be excluded over the phone. You must either (a) electronically submit your exclusion request here no later than December 16, 2024, or (b) mail your letter with your exclusion request postmarked no later than December 16, 2024 to: 

Mazda Fuel Pumps Settlement - Exclusions
c/o JND Legal Administration
PO Box 91423
Seattle, WA 98111

Your letter with your exclusion request must be electronically submitted or postmarked no later than December 16, 2024 to be considered by the Court. The deadlines found here may be changed by the Court.   Please check this website regularly for updates regarding the Settlement.

Yes.  The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Class Counsel”:  W. Daniel “Dee” Miles III and Timothy G. Blood of Blood Hurst & O’Reardon LLP are Class Counsel. Their contact information is as follows: 

If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

At the conclusion of the Parties reaching agreement on the substantive material terms of this Settlement, the Parties mediated the issue of reasonable attorneys’ fees, costs, and individual Class Representative service awards, with the assistance of Settlement Special Master Patrick A. Juneau on April 11, 2024. To date, the Parties have not reached any agreement on attorneys’ fees, costs, and Class Representative service awards.

As such, Class Counsel will make an application for an award of attorneys’ fees in an amount not to exceed Fifteen Million Dollars ($15,000,000). Class Counsel will make an application for reimbursement of Plaintiffs’ Counsel’s reasonable out-of-pocket expenses in an amount not to exceed Two Hundred Thousand Dollars ($200,000). While Defendants have agreed to pay Class Counsel fees and costs reasonably incurred, they reserve the right to oppose the fees and costs application in terms of the amount sought. 

Class Counsel will also ask the Court to award Class Representative service awards in an amount not to exceed Five Thousand Dollars ($5,000) each, for the time and effort spent representing Class Members. As with the fees application, Defendants agree to pay a reasonable award to the individual named Plaintiffs/Class Representatives, but reserve the right to oppose the request in terms of the amount sought.

The Court must approve the request for Attorneys’ Fees, Costs and Expenses and the request for Class Representative service awards.  Class Counsel will file the motion for Attorneys’ Fees, Costs and Expenses and the request for Class Representative service awards with the Court, which will then be posted on the Important Documents page. The amounts awarded by the Court will be paid by Defendants in addition to all other settlement benefits. Under no circumstances will Defendants’ payment of Attorneys’ Fees, Costs and Expenses and Class Representative service awards reduce your settlement benefits.

If you are a Class Member, and you do not exclude yourself from the Class, you can object to the settlement if you do not like some part of it or all of it.  You can give reasons why you think the Court should not approve it.  You can also object to the request for attorneys’ fees, costs and expenses and the request for Class Representative service awards.  To object, you must file electronically or mail to the Clerk of the Court a written objection signed by you saying that you object to the settlement in Vance, et al. v. Mazda Motor of America, Inc., et al., Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.), to the Clerk of Court (identified below) so that it is received or filed no later than December 16, 2024 and copies must be mailed to the attorneys listed in the section below.  

In your objection, you, as the objector, must include:  (a) a heading which refers to the lawsuit, Vance, et al. v. Mazda Motor of America, Inc., et al., Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.); (b) the objector’s full name, current residential address, mailing address (if different), telephone number, and email address; (c) an explanation of the basis upon which the objector claims to be a Class Member, including the make, model year, and VIN(s) of the Covered Vehicle(s), and whether the Covered Vehicle is currently owned or currently leased by the Class Member; (d)  whether the objection applies only to the objector, to a specific subset of the Class or to the entire Class and all grounds for the objection, accompanied by any legal support for the objection, and any documents or other evidence the objector believes supports the objection; (e) the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection to this Settlement, the caption and case number of each case in which the objector has made such objection and the caption and case number of any related appeal, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case; (f) the full name, telephone number, mailing address, and e-mail address of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement Agreement and/or the request for Attorneys’ Fees, Costs and Expenses; (g) the identity of all counsel representing the objector who will appear at the Fairness Hearing; (h) the number of times the objector’s counsel has objected to a class action settlement within the five years preceding the date that they have filed the objection, and the caption and case number of each case in which objector’s counsel has made such objection and the caption and case number of any related appeal; (i) if the Class Member or his or her counsel have not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection; (j) a list of all persons who will be called to testify at the Fairness Hearing in support of the objection; (k) a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and (j)  the objector’s original signature and date of signature, both of which must be personally signed by the objector (an electronic signature or attorney’s signature is not sufficient).  

    If not electronically filed, objections must be mailed to:

Clerk of Court
United States District Court
Central District of California
411 West 4th Street 
Santa Ana, California 92701-4516
Re: Vance, Case No. 8:21-cv-01890-CJC-KES (C.D. Cal.)

    With copies mailed to:

Excluding yourself is telling the Court that you do not want to be part of the Class.  If you exclude yourself, you have no basis to object because the settlement no longer affects you. Objecting is telling the Court that you do not like something about the settlement, the requested fees, costs and expenses, and/or Class Representative service awards.  You can object only if you stay in the Class.  
If you are a Class Member and you do nothing, you will remain a Class Member and all of the Court’s orders will apply to you, you will be eligible for the settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue Mazda or Denso over the issues in the lawsuit.

The Court will hold a Fairness Hearing at 10:30 a.m. Pacific Time on January 17, 2025, at the United States District Courthouse, Central District of California, 411 West 4th Street, Santa Ana, California 92701-4516.  At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate, and whether to approve the request for attorneys’ fees, costs and expenses, and the request for Class Representative service awards.  If there are objections, the Court will consider them.  The Court will only listen to people who have met the requirement to speak at the hearing (see Question 20 below).  After the hearing, the Court will decide whether to grant final approval of the settlement, and, if so, how much to pay the lawyers representing Class Members and the Class Representatives.  We do not know how long these decisions will take. The Court may reschedule the Fairness Hearing, so check this settlement website periodically for further updates.
 

No.  Class Counsel will answer any questions the Court may have.  But you are welcome to come at your own expense.  If you send an objection, you do not have to come to Court to talk about it – but you can if you provide advance notice of your intention to appear (see Question 19 below).  As long as you filed a written objection with all of the required information on time with the Court, the Court will consider it.  You may also pay another lawyer to attend, but it is not required.

You or your attorney may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must send a letter saying that it is your “Notice of Intent to Appear in “Vance, et al. v. Mazda Motor of America, Inc., et al.,” to the Clerk of Court so that it is received and filed no later than December 16, 2024.  You must include your name, address, telephone number, the year, make and model and VIN number of your vehicle, the identity of all counsel representing the objector, if any, who will appear at the Fairness Hearing, and your signature.  Anyone who has requested permission to speak must be present at the start of the Fairness hearing at 10:30 a.m. Pacific Time on January 17, 2025. You cannot speak at the hearing if you excluded yourself from the Class.

The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other documents and information about the Settlement on the Important Documents page. You can also call the toll-free number, 1-888-825-1230 or write the Settlement Administrator at info@MazdaFuelPumpsSettlement.com or Mazda Fuel Pumps Settlement, c/o JND Legal Administration, PO Box 91423, Seattle, WA 98111.

The settlement will not be final unless and until the Court grants final approval of the settlement at or after the Fairness Hearing and after any appeals are resolved in favor of the settlement.  Please be patient and check this settlement website identified regularly.  Please do not contact the Court.  All questions should be directed to the Settlement Administrator.