Causes of Action & Legal Claims:

• • The consolidated class action complaint alleged claims including:
    • breach of express and implied warranties
    • fraudulent concealment/omission
    • unjust enrichment
    • state consumer protection law violations
  • No personal injury or wrongful death claims were alleged; the case focused on economic losses from the alleged defect.
  • Plaintiffs claimed the defect was material because consumers wouldn’t have bought the trucks (or would’ve paid less) if they knew the truth.
  • GM defended the case by denying the fuel pumps are defective and any wrongdoing. It argued many other factors can cause issues like the plaintiffs reported.

Key Legal Concepts to Know:

• • Express Warranty: Any affirmation or promise made by the seller about the product that becomes part of the basis of the bargain. Plaintiffs alleged the defect breached GM’s express new vehicle warranty.
  • Implied Warranty of Merchantability: An inherent guarantee that a product is fit for its ordinary purpose. Plaintiffs claimed the trucks weren’t merchantable due to the defect.
  • Fraudulent Omission: When a seller has a duty to disclose a material fact but fails to do so, misleading the buyer. GM was accused of concealing the defect.
  • Unjust Enrichment: When a defendant unfairly retains benefits at the plaintiff’s expense. Here, GM allegedly profited from defective trucks at consumers’ expense.
  • State Consumer Protection Laws: Statutes prohibiting unfair and deceptive business practices. GM’s sale of allegedly defective vehicles may violate these.

How the Class Was Certified:

• • Before approving this settlement, the Court granted Plaintiffs’ motion to certify seven state-specific classes under Rule 23.
  • Certification requires showing: (1) class is so numerous that joinder is impracticable, (2) common questions exist, (3) representative parties’ claims are typical, and (4) they’ll fairly and adequately protect class interests.
  • The Court found these prerequisites satisfied for vehicle owners in the seven states during the class period.
  • However, certification was denied for five other state classes proposed by Plaintiffs. Only seven statewide classes were approved.
  • If not for the settlement, GM could still challenge certification. Class status isn’t guaranteed and can be reviewed as a case proceeds.

FAQ – Who’s Included & Excluded:

• • Are lessees included? Yes, those who leased an eligible vehicle are included along with purchasers.
  • What if I bought from a non-GM dealer? The settlement only covers purchases from GM-authorized dealers in the seven listed states.
  • I’m not the original owner – am I included? Yes, if you bought an eligible truck within the relevant time period, even if used.
  • Why are only certain states part of this? The Court only allowed Plaintiffs’ claims to proceed as a class action for seven specific states’ laws.
  • What if I’m from another state but purchased in a class state? It appears you’d be included based on place of purchase, not residence.

How Funds Will Be Distributed:

• • The Repair Fund will be divided pro rata among all eligible class members who submit valid claims or are identified for direct payment by GM/class counsel.
  • The Former Owner Fund will be distributed equally among former owners without repair costs who submit timely claims.
  • Any unclaimed funds after fully compensating class members will go to charitable causes benefiting consumers, not back to GM.
  • The 50% future repair reimbursements will be paid as claims are submitted and approved until the deadlines (12 months post-final approval or 200k miles).
  • Attorneys’ fees, costs, and service awards are paid separate from the class compensation and will be set by the Court upon request and review.

FAQ – Settlement Compensation:

• • Do I get money even if my truck hasn’t had issues? If no out-of-pocket pump repairs and you still own it, you won’t get a direct payment but may be able to use the future repair reimbursement.
  • What’s the most I can get for repairs I already paid for? It depends how many others claim a share, but likely between $6,300 and $12,700 max.
  • Can I use my own mechanic for future repairs and get reimbursed? No, only repairs at GM dealers are eligible for the 50% reimbursement.
  • Why are attorneys getting so much? The fees compensate class counsel for their time and expenses litigating for the class’s benefit, but GM is paying them separate from the class funds.
  • What repairs are covered under the reimbursement program? Repairs and replacements of the CP4 pump and certain related components that are damaged by pump failure. See settlement for details.

Tips for Filing a Successful Claim:

• • Carefully review the claim form instructions and settlement website FAQ to ensure you provide everything required.
  • Gather your purchase records, vehicle title history, and repair order receipts or invoices early so you have time to track down any missing pieces.
  • If you have any questions about what to submit, call or email the Settlement Administrator for help – don’t guess and risk a rejected claim!
  • Keep copies of everything you submit for your own records and proof. Don’t send originals unless required.
  • Be patient after filing, as full processing will take time, but contact the Settlement Administrator if you move or don’t get an expected response.

FAQ – Participating or Opting Out:

• • What if I do nothing? If you don’t file a claim by the deadline, you won’t get a payment but will still be bound by the settlement terms and lose your right to sue separately.
  • Should I opt out? That’s up to you. Excluding yourself lets you sue GM on your own, but you won’t get any settlement benefits and will have to hire/pay your own lawyer and prove your case.
  • If I object, can I still get benefits? Yes, filing an objection doesn’t waive your right to claim a payment if the settlement is still approved. You can object and still participate.
  • Can I dispute a denied claim? You can contact the Settlement Administrator with any issues, but their claim decisions are generally considered final. Make sure to submit all required proof to avoid rejection.
  • How will I get my payment? You can choose on the claim form between options like a mailed check, digital payment, direct deposit, etc. Update the Settlement Administrator if your info changes.

Shady Tactics to Watch Out For:

• • Robo-calls, text message spam, or phishing emails saying you must provide payment or private data ASAP to claim your share.
  • Online ads or pop-ups claiming you can get your money faster or increase your payment if you work with a certain third party.
  • Letters that look legitimate but ask for sensitive personal info or payment the real settlement would never require.
  • Fake social media posts claiming you have to share the post, submit info, or visit a special website to get paid.
  • Random friend requests from supposed attorneys offering to help you navigate the process for a cut of your settlement.

FAQ – Avoiding Settlement Scams:

• • What if I get an official-looking email or call? Contact the Settlement Administrator through a trusted channel to verify before responding to ANY solicitation.
  • Will the court or class counsel request sensitive info? Rarely – be very suspicious of unexpected contacts demanding data like your Social Security or bank info.
  • Can I trust online settlement calculators or estimators? No – there is no way for any tool or person to guarantee what your individual payment will be. Don’t give personal info to unverified systems.
  • Should I click on links or open attachments about my claim? No – go directly to the settlement website to get legitimate info. Random links or downloads could infect your device with malware!
  • What if I suspect a scam? Report it to the Settlement Administrator and authorities like the FTC, your state AG office, or local law enforcement. Don’t engage further with the suspected scammer.