Rogers v. Criswell

Case FAQs

Who is covered by the settlement?

There are three Classes covered by this settlement: "Class A," "Class B," and "Class C."

Members of Class A are all persons who, between December 19, 2007 and July 27, 2012, purchased from any Criswell dealership in Maryland, a used motor vehicle that was previously used as a short-term rental, but the Deal File does not contain both (1) a signed "Buyer's Guide" that disclosed such use, and (2) a signed "Purchase Order" that disclosed such use.
    
Members of Class B are all persons who, between December 19, 2007 and July 27, 2012, purchased from any Criswell dealership in Maryland, a used motor vehicle that was previously used as a short-term rental, where (1) the Deal File contains both a signed "Buyer's Guide" that disclosed such use and a signed "Purchase Order" that disclosed such use, but (2) the person executes an Affidavit attesting to the fact that that he/she was unaware of the prior daily rental history of the vehicle at the time of purchase.

Members of Class C are all persons who, between December 19, 2007 and July 27, 2012, purchased from any Criswell dealership in Maryland, a used motor vehicle that was previously used as a short-term rental, where the Deal File contains both (1) a signed "Buyer's Guide" that disclosed such use and a signed "Purchase Order" that disclosed such use, and (2) the person does not submit an Affidavit attesting to the fact that that he/she was unaware of the prior daily rental history of the vehicle at the time of purchase.

Note: Class C members will receive in the mail a declaration form and information explaining eligibility requirements for becoming a Class B 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 Criswell dealership in Maryland
     --OR--
2) can be redeemed for cash (payable through a check to you).

Members of Class A will receive a settlement certificate worth $1,425 in services or towards the purchase of a vehicle OR $500 in cash.

Members of Class B will receive a settlement certificate worth $850 in services or towards the purchase of a vehicle OR $250 in cash.

Members of Class C will receive a settlement certificate worth $350 in services or towards the purchase of a vehicle OR $100 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.

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: 

     Rogers v. Criswell Chevrolet, Inc., et al. Settlement Administrator
     c/o Strategic Claims Services
     P.O. Box 230
     Media, PA 19063

The request must state that you intend to "opt out" or request "exclusion" from the Class and be signed personally, and must include the full name, current address, and telephone number of the person seeking exclusion, and identify the make, model, and year of the vehicle, as well as the location of the Criswell store where the vehicle was purchased.  The written request for exclusion must be received by November 8, 2012.  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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