Honda Accord and Acura TSX Rear Brake Class Action
Honda Accord & Acura TSX Rear Brake Class Action Settlement
Owners and lessees of certain 2008-2010 Honda Accords and 2009-2010 Acura TSX vehicles ("Class Vehicles") can submit claims for cash reimbursement for two types of repairs:
- Improved Rear Brakes
- Reimbursements are available for those who pay to install the newly developed rear brake pads. The new pads (part number 43022-TAO-A40) are available at dealerships nationwide. Installation of these new pads, along with adjustments made to the vehicles’ calipers, should allow the rear brake pads to last substantially longer than the Class Vehicles’ original brake pads.
- Owners and lessees who pay to have the new brake pads installed will be reimbursed for their out-of-pocket costs, up to $150.
- Prior Rear Brake Repairs
- Owners and lessees are also able to claim reimbursements for money they spent previously purchasing or installing rear brake pads (before the improved pads were available), and for related costs such as rotor resurfacings.
- Reimbursements for prior rear brake repairs will be 50% of the repair costs, up to $125 per repair. There is no limit on the number of rear brake repairs using Honda or Acura parts that can be reimbursed. Rear brake repairs using non-Honda and non-Acura parts are reimbursable once per Class Vehicle.
Additional information about the class action settlement, including who is eligible and how to claim reimbursements, appears in the Notice of Class Action Settlement which was mailed to owners and lessees at the end of May 2010. All documents that were mailed to owners and lessees--both the Notice of Class Action Settlement and the Settlement Claim Form--can be downloaded on this webpage.
Submitting Claims
If you believe you may be eligible to receive a reimbursement under the settlement, you can now submit your claims.
A. SUBMITTING A CLAIM. To file a claim, mail a Settlement Claim Form and your receipt (or other documentation) to the Honda Rear Brake Pad Settlement Administrator, PO Box 2322, Faribault, MN 55021-9022.
B. REPAIR DEADLINE.
The deadline for obtaining reimbursable brake repairs is 3 years after your Honda or Acura was first sold or leased. The only exception is for people whose vehicle was first sold or leased before October 27, 2007 - for those class members, the deadline is October 27, 2010. For example:
(i) If your car was first sold or leased on or before October 27, 2007, you can obtain a reimbursable repair anytime on or before October 27, 2010.
(ii) If your car was first sold or leased on or after October 28, 2007, you can obtain a reimbursable repair anytime within 3 years of the sale or lease date.
C. CLAIM DEADLINE. The deadline for mailing a claim depends on the type of repair:
(i) For replacements using original Honda or Acura brake pads, the Claim Form must be mailed by November 29, 2010.
(ii) For replacements using improved Honda brake pads, the Claim Form must be mailed within 90 days of the date of the repair, or by November 29, 2010, whichever is later.
Background
Girard Gibbs LLP and co-counsel filed a class action complaint on behalf of plaintiffs who alleged that the braking system in certain Honda Accord and Acura TSX vehicles have a defect that causes the rear brake pads to wear prematurely. The lawsuit also alleged that Honda concealed the defect and failed to repair the rear brakes under warranty. Honda has denied the allegations.
The affected vehicles (“Class Vehicles”) include:
- 2008 - 2009 Honda Accords,
- 2009 Acura TSXs, and
- 2010 Acura TSXs, if the last six digits of the Vehicle Identification Number (VIN) appear on this list, and
- 2010 Honda Accords, if the last six digits of the Vehicle Identification Number (VIN) are one of the following: 000001; 000002; 000003; 000004; 000005; 000006; 000007; 000008; or 000009.
The court granted final approval to the settlement agreement on July 29, 2010, and the settlement became effective on August 30, 2010.
Frequently Asked Questions?
1. When will I receive my reimbursement?
2. I sent in my Claim Form already--was it received?
3. Can I be reimbursed if I went to an independent mechanic or I didn't use Honda or Acura parts?
4. What is the Effective Date?
5. Is my car covered by the settlement?
6. What will be the amount of the reimbursements?
7. Should I mail in my claim now, or wait?
8. How much will the improved Honda brake pad cost?
9. What if I have not had any brake problems?
10. Does this apply only to 2008-2010 Honda Accords and 2009-2010 Acura TSXs?
1. When will I receive my reimbursement?
The Claims Administrator will begin sending out reimbursement checks for claims already submitted beginning in mid-September 2010. Future claims will be processed within 10 days of their receipt, except for claims for repairs using non-Honda or non-Acura parts, which may take longer than 10 days to process.
If there is a problem with your claim, the Claims Administrator will mail a deficiency notice explaining what, if anything, is needed to make the claim reimbursable.
2. I sent in my Claim Form already--was it received?
To find out whether your claim has been received, you can call the Claims Administrator at 1-888-398-8211.
3. Can I be reimbursed if I went to an independent mechanic or I didn't use Honda or Acura parts?
Yes. Otherwise eligible repairs will be reimbursable regardless of whether they were performed at a Honda/Acura dealership or elsewhere. In addition, those who paid for a rear brake pad replacement with non-Honda and non-Acura parts will be able to claim a reimbursement for one such repair in the amount of 50% of the out-of-pocket costs, up to $125.
4. What is the Effective Date?
The Effective Date is the date on which this settlement becomes final. In this case, the Effective Date was August 30, 2010.
5. Is my car covered by the settlement?
For residents of the United States, the following cars are covered by the settlement agreement:
- ALL 2008-2009 Honda Accords and 2009 Acura TSXs;
- ONLY THOSE 2010 Honda Accords that have a vehicle identification number (VIN) that ends with: 000001; 000002; 000003; 000004; 000005; 000006; 000007; 000008; 000009; and
- ONLY THOSE 2010 Acura TSXs that have a vehicle identification number (VIN) that ends with one of the 6-digit numbers available here.
6. What will be the amount of the reimbursements?
- For replacements using improved Honda brake pads, the reimbursement will be equal to 100% of the amount spent, up to $150 per repair. The improved brake pads’ part number is #43022-TAO-A40.
- For replacements performed before the improved brake pads became available, the reimbursement will be equal to 50% of the amount spent, up to $125 per repair.
7. Should I mail in my claim now, or wait?
We encourage you to submit your claims as soon as possible. You can submit a claim for reimbursement for original parts now, and then, once you have paid for improved parts, send in an additional claim (you will be able to print additional Claim Forms on this website).
8. How much will the improved Honda brake pad cost?
Honda's suggested retail price for a set of the improved brake pads (part number 43022-TAO-A40) is $66.66. Labor costs to install the pads will vary. You can claim reimbursements for having the improved brake pads installed regardless of whether you have the work done at a Honda/Acura dealership or at an independent mechanic.
9. What if I have not had any brake problems?
Some Class Vehicles, especially the more recently sold vehicles, will not yet have required brake pad replacements. However, if your car needs rear brake pads in the future, you will still be able to make a claim under the settlement. Please remember that there is no mileage limitation for the repairs, but that the deadline for obtaining most repairs is within 3 years of when the car was first sold or leased.
10. Does this apply only to 2008-2010 Honda Accords and 2009-2010 Acura TSXs?
YES. The court-approved settlement can only provide assistance for the types of vehicles that were at issue in this case. Only the 2008-2010 Accords and 2009-2010 Acura TSXs were listed in the complaint. Owners of other models or model years are not barred by the settlement from seeking their own relief from Honda, but will not be eligible to make a claim under the agreement.
If you have any questions, please feel free to call the Claims Administrator at 1-888-398-8211. You can contact us at our toll-free number at (866) 981-4800 or by filling out the form to the right to email us.
Why Girard Gibbs LLP?
Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been chosen as Superlawyers by Law & Politics, recognizing them as among the top 5-percent of attorneys practicing in Northern California.
