Chan, et. al., v. Porsche Cars North America, Inc.
www.dashboardglareclassaction.com

Frequently Asked Questions

Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Settlement's Fairness Hearing.

1. What is this lawsuit about?

Plaintiffs allege that the Class Vehicles are defective due to the presence of Windshield Reflection/Glare. Plaintiffs also allege that PCNA knew of this possibility and failed to disclose it to consumers, and refused to honor the warranty and repair the Class Vehicles. PCNA denies the Plaintiffs’ allegations and claims asserted against it. Nevertheless, the Parties desire to settle the claims as to all Class Members.

(collapse all)

2. Why is this a class action lawsuit?

In a class action, one or more people, called Class Representatives, sue on behalf of people who could have similar claims. In this case Ed Chan, Roy Jones, Alyce Rubinfeld and Brendan J. Kavanagh are the Class Representatives. The Class Representatives and all those persons who could have similar claims are referred to as Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

(collapse all)

3. Why is there a Settlement?

The Court did not decide in favor of Plaintiffs or Defendant. PCNA was not found liable for any of the alleged claims relating to Windshield Reflection/Glare. Instead, both sides agreed to this Settlement. That way, they avoid the costs of lengthy litigation, a trial, and the people affected are potentially eligible to be compensated. The Class Representatives and their attorneys think the Settlement is fair and adequate for the Class Members.

(collapse all)

4. How do I know if I am part of the Settlement?

Everyone who fits the following description is a Class Member: All persons in the United States who currently own or lease, or previously owned or leased, a Class Vehicle bought or leased from an authorized Porsche dealer in the United States. These people are referred to in this Notice as “Class Members” and the vehicles are referred to as “Class Vehicles.” By receiving this Notice, the parties have determined that you may be a Class Member.

(collapse all)

5. Which Porsche vehicles are included?

All model year 2007 through 2016 Porsche vehicles equipped with Luxor Beige, Sand Beige, Cognac, Platinum Grey, and Natural Brown dashboards.

(collapse all)

6. What does the Settlement provide?

Class members will be reimbursed up to the following amounts for out-of-pocket expenses incurred to lessen or minimize Windshield Reflection/Glare:

A. IF YOU ARE A CURRENT OWNER OR LESSEE OF A 2011-2016 MODEL YEAR CLASS VEHICLE

You must make a timely and valid claim, and if approved, PCNA will reimburse you for an amount of up to $175.00 for out-of-pocket costs incurred to lessen or minimize Windshield Reflection/Glare.

B. IF YOU ARE A CURRENT OWNER OR LESSEE OF A 2007-2010 MODEL YEAR CLASS VEHICLE

You must make a timely and valid claim, and if approved, PCNA will reimburse you for an amount of up to $75.00 for out-of-pocket costs incurred to lessen or minimize Windshield Reflection/Glare.

C. IF YOU ARE A FORMER OWNER OR LESSEE OF 2007-2016 MODEL YEAR CLASS VEHICLE

You must make a timely and valid claim, and if approved, PCNA will reimburse you for an amount of up to $50.00 for out-of-pocket costs incurred to lessen or minimize Windshield Reflection/Glare.

PCNA is also providing an important additional benefit to consumers by adding the following notice in the Porsche Car Configurator (accessible through PCNA’s website) AND in select vehicle model brochures:

Note: Glass is reflective. Certain lighting conditions may cause a lighter color dashboard to produce a noticeable reflection on the inside of the windshield. To make certain that you are satisfied with your selection, ask your Porsche dealer to arrange a test drive experience in a variety of conditions, including with the use of polarized sunglasses.

(collapse all)

7. What if I previously received payment or reimbursement for costs incurred to address Windshield Reflection/Glare from another source?

Class Members will not be paid or reimbursed for amounts paid or reimbursed by any other source including, but not limited to, the PCNA New Car Limited Warranty, the PCNA Approved Certified Pre-Owned Warranty, PCNA or dealer goodwill, dealer discounts, a third party warranty, extended warranty insurance, or any other third party source. Class Members are only entitled to reimbursement for out-of-pocket expenses as described in Question 6 above.

If you have already been reimbursed or paid by PCNA or any other entity for out-of-pocket costs in the amount provided for in Question 6, you will not be entitled to a benefit in the Settlement. If you have already been reimbursed or paid, but in an amount less than that provided in Question 6, PCNA shall reimburse you for the difference between the prior reimbursement or payment and the benefit provided in Question 6, subject to proof.

(collapse all)

8. How much time do I have to make a claim for a benefit under this Settlement?

All claims for a reimbursement of funds paid to purchase polarized sunglasses in order to lessen/minimize Windshield Reflection/Glare under this Settlement must have been made by September 21, 2017. All other claims must have been made by June 25, 2018.

(collapse all)

9. How do I make a claim?

All claims for reimbursement to lessen/minimize the Windshield Reflection/Glare under this Settlement must have been made by June 25, 2018.

(collapse all)

10. What if my claim is found to be deficient?

If a claim is found to be deficient and is rejected during the review process by the Settlement Administrator or PCNA, the Class Member will be notified of the deficiency. The Class Member will then have an opportunity to remedy the deficiency within thirty (30) days of the notice of deficiency.

(collapse all)

11. When will I get my reimbursement?

If a timely and approved Claim Form is received prior to the Effective Date of the Settlement, it will be paid no later than 30 days after the Effective Date. If a timely and approved Claim Form is received after the Effective Date, it will be paid within 60 days after receipt of the Claim Form.

(collapse all)

12. How do I get out of (exclude myself from) this Settlement?

The deadline to exclude yourself from the Settlement was August 7, 2017.

(collapse all)

13. What am I giving up to stay in the Class?

If you are a Class Member and you do not exclude yourself, you will be bound by the terms of the Settlement. You will give up your rights, if any, to sue PCNA for claims related to Windshield Reflection/Glare, excluding personal injury claims. That means you cannot sue, continue to sue, or be part of any other lawsuit against PCNA for claims related to this Settlement. It also means that all of the Court’s orders will apply to you and legally bind you.

(collapse all)

14. Do I have a lawyer in this case?

The Court asked the following attorneys and law firms to represent you and other Class Members:

Jordan L. Lurie Tarek H. Zohdy
Capstone Law APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Phone: (310) 556-4811
Robert L. Starr
The Law Office of Robert L. Starr
23901 Calabasas Rd, Suite 2072
Calabasas, CA 91302
Phone: (818) 225-9040
Stephen M. Harris
The Law Offices of Stephen M. Harris, P.C.
6320 Canoga Avenue, Suite 1500
Woodland Hills, CA 91367
Phone: (818) 924-3103

Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. They will be paid as described below in Question 15. If you want to be represented by your own lawyer, you may hire one at your own expense. The contact information for Class Counsel can be found on the Settlement website, at www.dashboardglareclassaction.com, or by contacting the Settlement Administrator at 1 (888) 371-9001.

(collapse all)

15. How will the lawyers be paid?

Class Counsel will ask the Court for an award of $790,000 in attorneys’ fees and $50,000 for reimbursement of expenses as well as for service payments to the Class Representatives in the amount of $3,750 each for their services to the class. These fees do not impact or reduce your right to reimbursement as provided for in the Settlement. PCNA will separately pay the fees and expenses that the Court awards. These amounts will not come out of the funds for benefits to Class Members. A copy of Class Counsel’s petition for an award of attorneys’ fees and expenses and request for service payments to Class Representatives is available here.

PCNA will separately pay the Settlement Administrator’s fees and costs to administer the Settlement. The Class Settlement does not require you to pay these fees.

(collapse all)

16. How do I tell the Court that I do not like the Settlement?

The deadline to object to the terms of the Settlement was August 7, 2017.

(collapse all)

17. What is the difference between objecting and excluding?

Objecting is simply telling the Court that you do not like something about the Settlement, and you are asking the Court to approve alternative settlement terms. You can object only if you stay in the Class. Excluding yourself (opting out) is telling the Court that you are excluding yourself from being involved in the Class Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

(collapse all)

18. When and where will the Court decide to approve the Settlement?

The Court will held the Fairness Hearing at 10:00a.m. on October 6, 2017, at the United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Room 2B, Newark, New Jersey 07101.

At this hearing the Court granted Final Approval. A copy of the Final Approval Order is now available on the case website under Court Documents.

(collapse all)

19. Do I have to come to the hearing?

No. You are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. If you want to participate in the hearing, it is important that you contact the court clerk to schedule your appearance.

(collapse all)

20. What happens if I do nothing at all?

If you do nothing, you will not have the opportunity to get a benefit from the Settlement and you will not later be able to sue PCNA for any claims related to Windshield Reflection/Glare. You will be bound by the rulings made in this case.

(collapse all)

21. Are there more details available about the Settlement?

Yes. The Notice summarizes the proposed Settlement. There are more details in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator, c/o GCG PO Box 10311, Dublin, OH 43017-5911 by calling the toll free number 1 (888) 371-9001 or by visiting www.dashboardglareclassaction.com. DO NOT CONTACT THE COURT.

(collapse all)

22. How do I get more information?

You can call 1 (888) 371-9001 toll free; write to the Porsche Windshield Settlement Administrator, c/o GCG PO Box 10311, Dublin, OH 43017-5911; or visit the website at www.dashboardglareclassaction.com, where you will find answers to common questions about the Settlement, a Claim Form, plus other information to help you determine whether you are a Class Member and whether you are eligible for a reimbursement. You may also contact Class Counsel.

(collapse all)