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  • Kirk Hartley

The Toyota – Lexus Settlement Scam for the Electronic Throttle Control Systems

A few words on a class action settlement scam. In this instance, the settlement relates to the much talked about "sticking" of accelerators (electronic throttle controsl) on cars produced by Toyota. The defect was real – I experienced it in my car, several times.

The point here is the scam nature of the settlement. I was sent a postcard which required me to go to this web site to "claim" the right to a corrective process to fix the problem. Once there, all I had to do was enter 2 numbers listed on the post card. So, instead of awarding a fix to everyone, the settlement scam seeks to discourage claims by inserting a useless step into the process. No doubt that step results in many people failing to act, and therefore receiving the corrective fix.

This kind of scam should not be approved by judges, especially when it involves cars and safety. We need many more judges who will ask questions of the sort asked by Judge Rakoff when he declined to be a rubber stamp for the SEC settlement with Citigroup.

#ClassActions

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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