Eisen v. Porsche Cars North America, Inc

www.eisenimssettlement.com


Frequently Asked Questions

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1. How do I know if I am part of the Settlement?

Everyone who fits the following description is a Class Member: All persons in the United States who currently own or lease or previously owned or leased a Class Vehicle. These people are referred to in the Notice as “Class Members” and the vehicles are referred to as “Class Vehicles.” If you received a copy of the Notice directly by mail, the parties have determined that you may be a member of the class.

The following Porsche Boxster and 911 vehicles that experienced or will experience IMS related engine damage are included:

  • Model year 2001 - 2005 Porsche Boxster vehicles manufactured with an IMS between May 4, 2001 and February 21, 2005 with VINs in the following ranges:
    • WP0CA29851S620508 - WP0CA29831S620619
    • WP0CB29811S660405 - WP0CB29801S660492
    • WP0CA29821U625959 - WP0CA29891U627644
    • WP0CB29861U664289 - WP0CB29841U665473
    • WP0CA29892S620061 - WP0CA29802S620238
    • WP0CA29832U620061 - WP0CA29892U626107
    • WP0CB29802U660062 - WP0CB29892U664319
    • WP0CB29862S660062 - WP0CB29852S660344
    • WP0ZZZ98Z2U602762
    • WP0ZZZ98Z2U640813
    • WP0CA298X3S620068 - WP0CA29853S620222
    • WP0CA29813U620061 - WP0CA298X3U625002
    • WP0CB29803U660063 - WP0CB29803U663240
    • WP0CB29853S660068 - WP0CB298X3S660227
    • WP0ZZZ98Z3U604185
    • WP0ZZZ98Z3U640971
    • WP0CA29854S620061 - WP0CA29824S621085
    • WP0CA298X4U620061 - WP0CA29854U621568
    • WP0CB29804S660061 - WP0CB29834S660555
    • WP0CB29854U660061 - WP0CB29834U661824
    • WP0CA298X5U710067 - WP0CA29815U711852
    • WP0CB29885U730069 - WP0CB29835U731310
  • Model year 2001 - 2005 Porsche 911 vehicles manufactured with an IMS between May 4, 2001 and February 20, 2005, excluding the Turbo, GT2, and GT3 models, with VINs in the following ranges:
    • WP0AA29991S622763-WP0AA29901S623641
    • WP0CA299X1S654064-WP0CA29971S655284
    • WP0ZZZ99Z1S644465
    • WP0ZZZ99Z2S603927
    • WP0AA299X2S620005-WP0AA29922S624193
    • WP0BA29922S635067-WP0BA299X2S635740
    • WP0CA29932S650004-WP0CA29952S655611
    • WP0AA29903S620063-WP0AA29993S624175
    • WP0BA29913S635062-WP0BA29983S635639
    • WP0CA29943S650062-WP0CA29913S653887
    • WP0ZZZ99Z3S641690-WP0ZZZ99Z3S644167
    • WP0ZZZ99Z4S604191
    • WP0AA29974S620062-WP0AA29934S623041
    • WP0BA29984S635061-WP0BA29974S635231
    • WP0CA29904S650061-WP0CA29924S653818
    • WP0AA29935S620061-WP0AA29925S620245
    • WP0BA29965S635061-WP0BA29995S635085
    • WP0CA29995S650061-WP0CA29995S650254
    • WP0AA29905S715077-WP0AA29905S717475
    • WP0AB299X5S740081-WP0AB29955S742109
    • WP0CA29935S755064-WP0CA29935S755209
    • WP0CB29915S765072-WP0CB29925S765212
    • WP0ZZZ99Z5S731099
    • WP0ZZZ99Z5S701444

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2. If my Class Vehicle has not experienced IMS related engine damage, am I included?

Yes. Under the terms of the Settlement, if your Class Vehicle experiences the condition after July 17, 2013 you may be eligible to receive payment for repair of the IMS related engine damage, including the cost of replacing or repairing the engine. If you experience IMS related engine damage in your Class Vehicle after July 17, 2013, you must promptly contact PCNA at 1-800-486-9809 as discussed in detail in question 4 below.

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3. What does the Settlement provide?

Payments and reimbursements will be based on mileage without regard to the amount of time since the vehicle was first placed in-service, which is usually when the vehicle was first purchased or leased. However, no Class Member will be entitled to any payment or reimbursement for any IMS related damage occurring to a Class Vehicle more than ten (10) years after the vehicle was placed in-service and the New Car Limited Warranty commenced, or after 130,000 total miles on the vehicle, whichever comes first. The compensation amount will be adjusted based upon the number of miles your vehicle had at the time of repair, according to the following table:

New Vehicle Purchaser ACPO Purchaser* Used Vehicle Purchaser Not Purchasing ACPO
Up to 50,000 miles 100% 100% 25%
50,001-60,000 miles 90% 100% 25%
60,001-70,000 miles 80% 100% 25%
70,001-80,000 miles 70% 100% 25%
80,001-90,000 miles 60% 100% 25%
90,001-100,000 miles 50% 100% 25%
100,001 – 130,000 miles 40% 40% 25%

* ACPO Purchaser refers to a Class Member who purchased their Class Vehicle as an Approved Certified Pre-Owned vehicle through the Porsche Approved Certified Pre-Owned Program.

Class Members shall only be entitled to reimbursement for a pre-notice repair or payment for a post-notice repair to the extent of the percentage provided above and to the extent that the Class Members paid or do pay out of pocket for such a repair. Class Members will not be paid or reimbursed for amounts paid or reimbursed by any other sources including, but not limited to, PCNA limited warranty, PCNA ACPO limited warranty, third party warranty, extended warranty insurance, dealer discounts or goodwill, or any other third party source.

In addition, PCNA will reimburse Class Members for up to a combined maximum of $200 for out of pocket towing and replacement vehicle rental fees incurred during a repair that occurred prior to July 17, 2013, if proof of payment is provided.

The Court has approved this Settlement as fair, reasonable and adequate, finding it to provide adequate compensation to the Class Members. On February 25, 2014, an appeal was filed. The appeal was resolved and pursuant to Court order, reimbursement checks were mailed on January 29, 2015 to Class Members with timely and approved claims under the terms of the Settlement.

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4. How can I get a reimbursement?

For repairs to Class Vehicles conducted prior July 17, 2013, PCNA will reimburse Class Members who paid for IMS related engine damage or replacement repairs and who submitted a timely and approved claim for reimbursement. If you have already been reimbursed by PCNA for a repair in the amount provided for in question 3, you will not be entitled to a further benefit for that same repair. If your prior reimbursement for a repair provided a benefit less than that set out in question 3, PCNA shall reimburse you for the difference between the prior reimbursement and the benefit set out in question 3.

A properly completed Claim Form must have been postmarked or otherwise transmitted by U.S. Mail, email, facsimile, FedEx or other reputable courier to the Settlement Administrator by no later than October 15, 2013. The deadline to submit a Claim Form has now passed. Each claim will be subject to review for the purpose of approving or challenging the validity of the claim.

If a Class Member experiences IMS related engine damage in a Class Vehicle after July 17, 2013, they shall promptly contact PCNA by calling 1-800-486-9809. If the Class Vehicle is not already at an authorized Porsche dealership, PCNA will direct the customer to deliver the vehicle to an authorized dealership for inspection and review by PCNA and/or the Porsche authorized dealership to determine if an IMS related condition is present. At the time the vehicle is delivered to an authorized Porsche dealership or as soon thereafter as possible, the Class Member shall submit a Claim Form to PCNA or, at PCNA’s direction, the authorized Porsche dealership. Once the Claim Form is provided, PCNA will advise the Settlement Administrator to open the Class Member’s claim. Within thirty (30) days of delivery of the Claim Form, PCNA will determine if an IMS condition is present and advise both the Class Member and the Settlement Administrator. If PCNA will be paying all or a portion of a claim, it shall also advise the Porsche authorized dealership of the portion to be paid by PCNA pursuant to the terms of this Settlement and the Class Member shall be responsible to the dealership for payment of his or her portion of the remaining share, if any.

If a Class Member conducts a repair or causes it to occur prior to undertaking all of the steps described above, and the Class Member otherwise makes an IMS claim, PCNA may at its sole discretion, reject that claim, if it is unable for any reason to verify that an IMS condition that required such a repair existed.

No Class Member will be entitled to any payment or reimbursement for any IMS related engine damage or replacement occurring to a Class Vehicle more than ten (10) years after the vehicle was placed in service and the New Car Limited Warranty commenced, or after 130,000 total miles on the vehicle, whichever comes first.

The parties, their attorneys and/or the Settlement Administrator cannot assume responsibility for forms that are not received. Class Members who fail to submit valid and timely reimbursement claims cannot obtain payments pursuant to this Settlement Agreement, but will in all other respects be subject to and bound by the provisions and releases of this Settlement Agreement and the Final Approval Order and Judgment entered by the Court.

If a claim is deficient based on review by the Settlement Administrator or PCNA, the Class Member will be given notice by the Settlement Administrator that the Settlement Administrator intends to deny the claim but will give the Class Member an opportunity to cure the claim within thirty (30) days. Notice of the same will also be sent to Class Counsel.

A Class Member whose claim for reimbursement or payment for a past or future repair caused by damage to the IMS is denied or otherwise rejected and who desires review of that decision must proceed according to the appeals process outlined in the Notice.

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5. When will I get my reimbursement?

The Court held a fairness hearing on January 6, 2013 at 10:00 a.m., to decide whether the Settlement is fair, reasonable and adequate for the Class members, and whether the Settlement should be finally approved by the Court. Judge Snyder approved the Settlement on January 30, 2014. However, on February 25, 2014, an appeal was filed. The appeal was resolved and pursuant to Court order, reimbursement checks were mailed on January 29, 2015 to Class Members with timely and approved claims under the terms of the Settlement.

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6. How do I get out of this Settlement?

You must have sent a request for exclusion by mail saying that you wanted to be excluded from the Eisen v. Porsche Cars North America., Inc., Class postmarked no later than October 15, 2013. The deadline to request exclusion has now passed.

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7. Do I have a lawyer in this case and how will they be paid?

The Court asked the following attorney and law firm to represent you and other Class Members:

Stephen M. Harris KNAPP, PETERSEN & CLARKE 550 North Brand Boulevard, Suite 1500 Glendale, CA 91203 Tel: (818) 547-5100 Email: info@IMSPorschesettlement.com

Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel asked the Court for attorneys’ fees and expenses up to $950,000.00, and $15,000.00 total for all Class Representatives, ($3,750.00 to Bruce Eisen, $3,750.00 to Kymmberli R. Ureda, $3,750.00 to Lee Smith and $3,750.00 to Frederick Nelson-Bonebrake) for their services to the Class. The Court may award less than these amounts. PCNA will separately pay the fees and expenses that the Court awards. These amounts will not come out of the funds for reimbursement payments to Class Members. PCNA has agreed not to oppose these fees and expenses. PCNA will also separately pay the costs to administer the Settlement. A copy of Class Counsel’s petition for an award of attorneys’ fees and expenses and request for incentive awards to Class Representatives is available on this website under Important Documents.

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8. How do I tell the Court that I do not like the Settlement?

Objections must have been postmarked no later than October 15, 2013. The deadline to file an objection has now passed.

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9. What happens if I do nothing at all?

If you did not submit a Claim Form, you will not get reimbursed through this Settlement for the money you paid or do pay out of pocket to repair IMS related engine damage to your Class Vehicle. If you did not exclude yourself from this Settlement, you will not be able to sue PCNA for any claims related to this Settlement in the future and you will be bound by the rulings made in this case.

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10. How do I get more information?

You can write to the Settlement Administrator, Eisen IMS Settlement, c/o GCG, PO Box 35049, Seattle, WA 98124-3508. You can also contact Class Counsel: Stephen M. Harris of KNAPP, PETERSEN & CLARKE at 550 North Brand Boulevard, Suite 1500 Glendale, CA 91203 or by telephone: (818) 547-5100 or email: info@IMSPorschesettlement.com

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