Frequently Asked Questions
- Why did I get the Notice?
- What is the lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- What does the settlement provide?
- What can I get from the settlement?
- What do I need to do to receive a payment from the settlement?
- When would I get my payment?
- What am I giving up to get a payment?
- How do I get out of the settlement?
- If I don’t exclude myself, can I sue later for the same thing?
- If I exclude myself, can I get money from this settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I don’t like the settlement?
- What’s the difference between objecting and excluding?
- When and where will the Court decide whether to approve the settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the settlement?
- Why did I get the Notice?
For purposes of the settlement, “Automobile Document Preparation Fees” are defined as the fees charged by each of the Settling Defendants for the preparation of documents relating to the purchase or lease of an automobile in the two years preceding the filing of the Lawsuit against that Settling Defendant through March 31, 2022.
You are a member of the Settlement Class, and you may be affected by this class action settlement, if you are a non-commercial customer who, while a resident of Indiana, paid a Settling Defendant one or more Automobile Document Preparation Fee(s) that were not subject to an arbitration agreement.
If you are a Class Member, you have a right to know about the proposed class action settlement, and about your options, before the Court decides whether to approve the settlement. If you do nothing and the Court approves the settlement, and after any appeals are resolved, you will automatically receive a payment from the Net Settlement Fund, and your claims relating to document preparation fees will be released.
This FAQ explains the Lawsuits, the settlement, your legal rights, what benefits are available, and how those benefits will be calculated.
The Court in charge of the case is Superior Court No. 1 of Marion County, Indiana (Indiana Commercial Court Docket). Several lawsuits relating to document preparation fees charged in motor vehicle transactions were consolidated for pre-trial purposes under Cause No. 49D01-1904-PL-013575 and are collectively referred to herein as the Auto Doc Fees Litigation. The people who sued are called the Plaintiffs, and the automobile dealerships that they sued are called the Settling Defendants.
Top - What is the lawsuit about?
The Lawsuits claim that Settling Defendants improperly charged document preparation fees on the sales and leases of vehicles. Settling Defendants deny they did anything wrong, and claim that they are allowed to charge these fees under Indiana law.
Top - Why is this a class action?
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. All of these people are called a Class or Class Members. This is a class action because the Court has decided it meets the legal requirements to be a class action. Because the case is a class action, one court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.
Top - Why is there a settlement?
The Court did not and will not decide in favor of the Plaintiffs or the Settling Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial and the risks of either side losing. The Court will evaluate the settlement to determine whether it is fair, reasonable and adequate before it approves the settlement.
Top - How do I know if I am part of the settlement?
If you receive an emailed or mailed postcard notice about the settlement addressed to you then you are a Class Member, you will be a part of the settlement, and you will receive a payment from the Settlement Fund, unless you exclude yourself. If you are not sure whether you have been properly included, you can call the Settlement Administrator at 844-492-1733 to check.
Top - What does the settlement provide?
The Settling Defendants have agreed to pay $13,521,600 to settle this case, in return for a full release and dismissal of the claims raised against the Settling Defendants in the Lawsuits.
Top - What can I get from the settlement?
After deducting the attorneys’ fees and expenses, administration expenses, and service awards to the Class Representatives as approved by the Court, there will be a Net Settlement Fund available for distribution to Class Members. Each Class Member will be paid from this fund on a pro rata basis, based on the amount of the document preparation fee paid by the Class Member. For example, a Class Member who was charged $199 for a document preparation fee will receive a check for approximately twice as much as a Class Member who was charged $100 for a document preparation fee.
The actual amount of any Class Member’s check or credit will be determined based on the following formula:
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- What do I need to do to receive a payment from the settlement?
You do not need to do anything to receive a payment from the settlement. As long as you do not exclude yourself, you will receive a settlement payment if the settlement is approved and becomes final. If your address changes, however, please call call the Settlement Administrator at 844-492-1733 to report the address change so that your payment reaches you.
Top - When would I get my payment?
The Court has scheduled a hearing at 9:00 a.m. on October 24, 2022 to decide whether to approve the settlement. If the Court approves the settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months and perhaps more than a year.
Top - What am I giving up to get a payment?
Unless you exclude yourself, you are staying in the Class, and that means you can’t sue, continue to sue, or be part of any other lawsuit against the Settling Defendants relating to any Automobile Document Preparation Fee claims. It also means that the Court’s orders will apply to you. Once the settlement is final, your claims relating to those claims will be released.
Top - How do I get out of the settlement?
To exclude yourself from this settlement, you must do so in writing with a letter that must
i) refer to the “Indiana Auto Doc Fees Settlement”;
ii) state your name, address, and telephone number;
iii) request exclusion from the settlement;
iv) be signed by the person requesting exclusion; and
v) be sent to the following Settlement Administrator by U.S. mail with a postmark on or before October 2, 2022:Auto Docs Fees Litigation Settlement Administrator
PO Box 301130
Los Angeles, CA 90030-1130You can’t exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) the Settling Defendant in the future.
Top - If I don’t exclude myself, can I sue later for the same thing?
No. Unless you exclude yourself, you give up the right to sue the Settling Defendants for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that suit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember that the exclusion deadline is October 2, 2022.
Top - If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, you are not eligible for any money from this settlement.
Top - Do I have a lawyer in this case?
The Court appointed the law firm of Cohen & Malad, LLP to represent you and other Class Members. That law firm is called Class Counsel. You will not be charged for Class Counsel. Class Counsel will be compensated out of the Settlement Fund in an amount to be determined by and approved by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for reimbursement of expenses, attorneys’ fees of up to one-third of the Settlement Fund, and service awards to the Class Representatives, to be paid from the Settlement Fund.
Top - How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. Any objection must
i) refer to the “Auto Doc Fees Litigation, Cause No. 49D01-1904-PL-013575”;
ii) state the person’s name, address, and telephone number;
iii) include a written statement setting forth all of the bases for the objection, accompanied by any evidence that the Class Member intends to offer in support of any objection;
iv) be signed by the Settlement Class Member; and
v) be sent by U.S. mail, first class and postage prepaid, to the Clerk of the Court, Class Counsel, and Counsel for Settling Defendants listed below.You must mail the objection to these different places postmarked no later than October 2, 2022.
TopCourt
Class Counsel
Defense Counsel
Clerk of the Court
Marion County Superior Court No. 1
Marion County Community Justice Campus
675 Justice Way
Indianapolis, Indiana 46203Irwin Levin
Cohen & Malad, LLP
One Indiana Square
Suite 1400
Indianapolis, IN 46204Michael Shanahan
Mallor Grodner, LLP
101 W. Ohio Street
Suite 1600
Indianapolis, IN 46204 - What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because this case no longer affects you.
Top - When and where will the Court decide whether to approve the settlement?
The Court has scheduled a Final Approval Hearing at Marion County Superior Court No. 1, Marion County Community Justice Campus, 675 Justice Way, Indianapolis, Indiana 46203 on October 24, 2022 at 11:00 a.m. to consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with FAQ #20. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. You are not required to attend this hearing.
Top - Do I have to come to the hearing?
No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. Class Members, or their counsel, who wish to appear in person or by counsel at the Final Approval Hearing must file with the Court and serve on Class Counsel and Settling Defendants’ Counsel a notice of their intent to appear. The Notice of Intention to Appear must identify the “Auto Doc Fees Litigation, Cause No. 49D01-1904-PL-013575,” include your name, address, telephone number, your signature, and any evidence you intend to use at the hearing. Your Notice of Intention must be filed no later than October 9, 2022, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel at the three addresses listed under FAQ #16. If you hire a lawyer to speak for you, he or she must also comply with the requirements of this paragraph.
Top - What happens if I do nothing at all?
If you do nothing, you will be a part of this settlement, and you will receive the payments provided by the settlement once it becomes final. In exchange for the payment, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Settling Defendants relating to the Automobile Document Preparation Fees.
Top - Are there more details about the settlement?
More details are available in the Settlement Agreement on file with the Court. You can find the Settlement Agreement under the 'Case Documents' tab of this website. You can also call toll-free at 844-492-1733, and Class Counsel or the Settlement Administrator will answer any questions you have. Be sure to state that you are calling about the “Automobile Document Preparation Fee Class Action Settlement.”
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