Jones v. Pohanka

Case FAQs

Who is covered by the settlement?
There are two Classes covered by this settlement: "Class A" and "Class B."

You are a member of Class A if between July 10, 2005 and February 16, 2011 you purchased from any Pohanka Automotive Group dealership in Maryland a used motor vehicle that was previously used as a short-term rental, but were not provided clear and conspicuous notice of such use on your vehicle sales contract.

You are a member of Class B if between July 10, 2005 and February 16, 2011 you purchased from any Pohanka Automotive Group dealership in Maryland a used motor vehicle that was previously used as a short-term rental, but were not provided clear and conspicuous notice of such use on your vehicle sales contract, but:

  1. you signed a Prior Use Acknowledgment Form identifying the vehicle as a prior rental;
  2. the Prior Use Acknowledgment Form was maintained in your Pohanka Deal File; and
  3. you did not execute an Affidavit attesting to the fact that you were unaware of the prior daily rental history of the vehicle.

Note: Class B members will receive in the mail an affidavit form and information explaining eligibility requirements for becoming a Class A member.

Who are the attorneys representing the Class?
The following attorneys have been appointed by the Court as Class Counsel:

Richard S. Gordon
Benjamin H. Carney
GORDON & WOLF, CHTD.
102 W. Pennsylvania Ave., Suite 402
Baltimore, MD 21204
(410) 825-2300

Mark H. Steinbach
O'TOOLE, ROTHWELL, NASSAU & STEINBACH
1350 Connecticut Ave. NW, Suite 200
Washington, DC 20036
(202) 775-1550

What should I expect to recover if I am a Class member?

Class Members will receive a certificate which EITHER:

  1. can be used to pay for services or toward the purchase of a vehicle from any Pohanka dealership in Maryland
    --OR--
  2. can be redeemed for cash (payable through a check to you).

If you are a member of Class A you will receive a settlement certificate worth $1550 in services or towards the purchase of a vehicle OR $575 in cash.

If you are a member of Class B you will receive a settlement certificate worth $1,000 in services or towards the purchase of a vehicle OR $300 in cash.

What are my rights and options as a Class member? 
1.  You will be a member of the Class unless you request to be excluded (see paragraph 4, below).  Your interests as a member of the Class will be represented by the Representative Plaintiffs and by Class Counsel, listed above.  You will not be billed for their services.  Class Counsel will receive a fee only if the Court approves the Settlement Agreement, and the fee award will be set by the Court and paid from the Settlement Fund.

2.  If you do nothing and remain a member of the Class, you will be bound by any judgment or other final disposition of this case, including the release of claims as provided in the Settlement Agreement.  A summary of the effect of the Settlement Agreement, including the release of claims, is outlined in the Notice of Pendency of Class Action.

3.  You may file an objection to the settlement and/or seek to appear, by yourself or through counsel, at the final settlement hearing of this case.  You also may retain your own counsel to represent you at your own cost, and seek to appear individually or intervene in the case.  Please consult the Notice of Pendency of Class Action for important deadlines and other requirements for objections, appearances, and intervention.

4.  You may request exclusion, or "opt out," from the Class.  If you elect to be excluded from the Class, you will not be bound by any judgment or settlement of the lawsuit, nor will you receive any of the benefits of this class action, including the payment of any money.  Rather, you will retain and be free to pursue any claims that you may have on your own behalf.  If you wish to exclude yourself from the Class, you must mail a written request for exclusion to the Settlement Administrator at the following address:

The Casey Group, Settlement Administration
P.O. Box 10037
Towson, MD 21285-0037

Requests for exclusion do not need to be in any particular format, except that the request must state that you intend to "opt out" or request "exclusion" from the Class and must be signed personally and contain the full name, current address, and telephone number of the person requesting exclusion.  The written request for exclusion must be sent by U.S. mail, first class and postage prepaid, postmarked on or before April 28, 2011.  Only you can request exclusion.  No one can request exclusion for another person, except in cases of disability, guardianship or conservatorship.

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