In Re: Takata Airbag Products Liability Litigation

General Information

1. What is the lawsuit about?

   The lawsuit alleges that certain car companies, including Ford, manufactured, distributed, or sold vehicles with defective Takata airbag inflators. The inflators can, upon deployment, rupture and expel debris or shrapnel at the driver or passenger and/or otherwise affect the airbag’s deployment, and that the Plaintiffs sustained economic losses as a result.

   The lawsuit claims for violations of various state consumer protection laws, among other claims. Ford denies that it has violated any law, denies liability, and denies that it engaged in any wrongdoing with respect to the manufacture, distribution, or sale of the Subject Vehicles.

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2. What are the Subject Vehicles included in the Ford Settlement?

   A comprehensive list of the “Subject Vehicles” is available for viewing here.

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3. Why is this a class action?

   In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure. Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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4. Why is there a Settlement?

   Both sides in the lawsuit agreed to a settlement in order to increase recall completion rates and to avoid the cost and risk of further litigation, with the goal of enhanced customer satisfaction. As a result of the Settlement, the Class Members will get the benefits of the Settlement and, in exchange, Ford will receive a release from liability. The Settlement does not mean that Ford broke any laws or did anything wrong. Furthermore, the Court did not decide which side was right.

   The Ford Settlement has been preliminarily approved by the Court, which will authorize the issuance of the Notice. The Class Representatives/Named Plaintiffs and the lawyers representing them (called “Settlement Class Counsel”) believe that the Settlement is in the best interests of all Class Members.

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

   You are part of the Ford Settlement if you are:

   1. A current owner or lessee of a Subject Vehicle distributed for sale or lease in the United States and all of its territories and possessions, as of September 5, 2018; or
   2. A former owner or lessee of a Subject Vehicle distributed for sale or lease in the United States and all of its territories and possessions, who sold or returned, pursuant to a lease, a Subject Vehicle after June 19, 2014, and through September 5, 2018.

   The Ford Settlement does not relate to claims for personal injury or property damage to any property other than the Subject Vehicles.

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6. Is anyone excluded from the Ford Settlement?

   Yes. The following entities and individuals are excluded from the Class:

   • Ford, its officers, directors, employees, and outside counsel; its affiliates and affiliates’ officers, directors, and employees; and Ford’s dealers and their officers and directors;
   • Settlement Class Counsel, Plaintiffs’ counsel, and their employees;
   • Judicial officers and their immediate family members and associated court staff assigned to this case;
   • Automotive Recyclers and their outside counsel and employees; and
   • Persons who or entities which timely and properly exclude themselves from (opt out of) the Class.

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7. I’m still not sure if I’m included in the Ford Settlement?

   If you are not sure whether you are included in the Class, you may review important documents regarding the Ford Settlement on the Documents section of the website or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.

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8. Who is the Settlement Special Administrator? What is their role in the Ford Settlement?

   The Court has directed Patrick A. Juneau of Juneau David APLC to act as the Settlement Special Administrator. Their role in the Ford Settlement is to oversee and administer the Settlement Fund.

   More information is available in the Court Order Appointing Patrick A. Juneau as Settlement Special Administrator here.

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Settlement Benefits

9. What does the Ford Settlement provide?

   If you are a Class Member, what you are eligible to receive depends on several factors. The settlement benefits are outlined generally below, and more information can be found in the Ford Settlement Agreement or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.

   The proposed settlement benefits include, among other components:

   1. An Outreach Program;
   2. A Rental Car/Loaner Program;
   3. An Out-of-Pocket Claims Process;
   4. A Customer Support Program; and
   5. A potential Residual Distribution.

   For additional details on the separate benefits from the Settlement, please click here to download the Settlement Agreement.

   Some components of the Settlement may be implemented right away, if Ford decides to do so. However, except for the initial implementation of the Outreach Program and Rental Car/Loaner Program, benefits do not have to be provided unless and until the Court finally approves the Settlement and only after any appeal period expires or any appeals are resolved in favor of the Settlement.

   It is uncertain when the Court will finally approve the Settlement, if it does so, or whether there will be any appeals that would have to be resolved in favor of the Settlement, before certain benefits will be provided. Please check the Ford Settlement website regularly for updates regarding the Settlement.

   The deadline to file a claim relating to vehicles manufactured by Ford was March 10, 2025.

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10. How do I get a payment from the Ford Settlement?

    If you still own or lease a Subject Vehicle, to be eligible for a payment from the Out-of-Pocket Claims Process or Residual Distribution from the Ford Settlement Fund you must bring your vehicle to a dealership for the Takata Airbag Recall Remedy, if you have not already done so. If you sold or returned, pursuant to a lease, a Subject Vehicle after June 19, 2014, and before September 5, 2018, you may also submit a Registration/Claim for a payment.

    To receive a payment, you must either (1) file a Registration/Claim for reimbursement of the reasonable expenses you incurred related to the Takata Airbag Recall, or (2) file a Registration/Claim for a Residual Distribution of up to $250. The deadline to file a claim relating to vehicles manufactured by Ford was March 10, 2025.

    Please Note: If the total amount of reimbursed Out-of-Pocket Claims in a program year equals or exceeds the amount of money in the Ford Settlement Fund for that program year, Class Members who filed a Registration/Claim for a Residual Distribution will not receive a Ford Settlement Payment in that program year, although they will still receive other settlement benefits.

    At the end of the five-year Settlement Program, if sufficient funds remain in the Ford Settlement Fund and it is administratively feasible, the remaining funds will be paid to all Class Members who filed a Registration/Claim for a Settlement Payment, up to a maximum of an additional $250 per Class Member.

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11. What am I giving up in exchange for the Ford Settlement benefits?

    If the Settlement becomes final, Class Members who do not exclude themselves from the Class will release Ford from liability and will not be able to sue Ford about the issues in the lawsuit.

    More information is available in the Ford Settlement Agreement here or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.

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The Final Approval ("Fairness") Hearing

12. When and where will the Court decide whether to grant final approval of the Ford Settlement?

    The Court held a Final Approval, or “Fairness,” Hearing on December 11, 2018, at 10:00 a.m. at the Wilkie D. Ferguson, Jr. United States District Courthouse, Southern District of Florida, 400 North Miami Avenue, Miami, FL 33128. Final Approval was granted on December 20, 2018.

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13. Do I have to come to the hearing?

    No. Settlement Class Counsel answered questions on behalf of Class Members. Final Approval was granted on December 20, 2018.

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14. May I speak at the hearing?

    The deadline to submit your Notice of Intent to Appear to the Fairness Hearing has passed. You must have submitted your notice to Settlement Class Counsel, Ford’s Counsel, and the Clerk of the Court so that it was postmarked no later than November 26, 2018.

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15. What was the outcome of the Final Approval (“Fairness”) Hearing on December 11, 2018?

    The Final Order Approving Class Settlement and Certifying the Settlement Class was entered for the Ford Settlement on December 20, 2018.

    The appeals have been dismissed by the Court of Appeals for the Eleventh Circuit and the Court has established the Effective Date of the Ford Settlement as March 9, 2020.

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Exclusion and Objection

16. What is the difference between objecting and excluding?

    Excluding yourself (or “opting out”) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class.

    If you are a Class Member and you do nothing, you will remain a Class Member and all of the Court’s orders will apply to you, you will be eligible for the settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue Ford over the issues in the lawsuit.

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17. How do I tell the Court if I do not like the Settlement?

    The deadline to object to the Settlement was November 26, 2018, and has passed.

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18. If I exclude myself, can I get anything from this Settlement?

    If you exclude yourself, you cannot receive all the settlement benefits or object to the Settlement. But, if you timely and properly request exclusion, the Settlement will not prevent you from suing, continuing to sue, or remaining or becoming part of a different lawsuit against Ford or the Released Parties about the issues in the lawsuit.

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19. If I do not exclude myself, can I sue later?

    Unless you exclude yourself, you give up the right to sue the Released Parties for the claims resolved by this Settlement. If the Settlement is finally approved, you will be barred from initiating or continuing any lawsuit or other proceeding against the Released Parties about the issues in the lawsuit.

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20. How do I get out of the Ford Settlement?

    The deadline to exclude yourself from the Settlement was November 26, 2018, and has passed.

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Questions About Counsel

21. Do I have a lawyer in the case?

    Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Settlement Class Counsel”: Peter Prieto of Podhurst Orseck, P.A., is Chair Lead Counsel, and David Boies of Boies Schiller & Flexner, L.L.P. and Todd A. Smith of Power, Rogers & Smith, L.L.P. are Co-Lead Counsel for the economic damages track. Roland Tellis of Baron & Budd P.C., James Cecchi of Carella Byrne Cecchi Olstein P.C., and Elizabeth Cabraser of Lieff, Cabraser, Heimann & Bernstein, LLP are the Plaintiffs’ Steering Committee members. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

    Their contact information is as follows:

    Peter Prieto PODHURST ORSECK, P.A. Suntrust International Center One S.E. 3rd Avenue Suite 2300 Miami, Florida 33131 Tel: (305) 358-2800 Email: pprieto@podhurst.com URL: www.podhurst.com Chair Lead Counsel	David Boies BOIES, SCHILLER & FLEXNER, L.L.P. 55 Hudson Yards 20th Floor New York, NY 10022 Tel: (212) 446-2300 Email: dboies@bsfllp.com URL: www.bsfllp.com Co-Lead Counsel for the Economic Loss Track	Todd A. Smith POWER, ROGERS AND SMITH, L.L.P. 70 West Madison Street Suite 5770 Chicago, IL 60602 Tel: (312) 509-8900 Email: TSmith@SmithLacien.com URL: www.SmithLacien.com Co-Lead Counsel for the Economic Loss Track
    Roland Tellis BARON & BUDD 15910 Ventura Blvd. #1600 Encino, CA 91436 Tel: (818) 839-2333 Email: rtellis@baronbudd.com URL: www.baronbudd.com Plaintiffs’ Steering Committee	James E. Cecchi CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, PC 5 Becker Farm Road Roseland, NJ 07068 Tel: (973) 994-1700 Email: jcecchi@carellabyrne.com URL: www.carellabyrne.com Plaintiffs’ Steering Committee	Elizabeth J. Cabraser LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Tel: (415) 956-1000 Email: ecabraser@lchb.com URL: www.lieffcabraser.com Plaintiffs’ Steering Committee

    
    

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22. How will the lawyers be paid? What about the awards to the named Plaintiffs/Class Representatives?

    The Parties did not begin to negotiate Attorneys’ Fees and Expenses until after agreeing to the principal terms set forth in the Settlement Agreement. Settlement Class Counsel will file, and Ford agrees not to oppose, an application for an award of Attorneys’ Fees and Expenses of not more than 25% of the Settlement Amount (25% of $299.1 million, i.e., $74.7 million). This award will be paid from the Settlement Fund, and it shall be the only money Ford will pay for all Plaintiffs’ counsel in the Actions.

    Settlement Class Counsel may petition the Court for incentive awards of up to $5,000 per Plaintiff. The purpose of such awards is to compensate the Plaintiffs for efforts undertaken by them on behalf of the Class. Any incentive awards will be paid from the Settlement Fund within thirty (30) days of the Effective Date.

    Ford will not be liable for, or obligated to pay, any attorneys’ fees, expenses, costs, or disbursements, either directly or indirectly, in connection with the Actions or the Agreement, other than as set forth above.

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More Information

23. When will the Residual Distribution for the Settlement Program Year 1 occur?

    Settlement Program Year 1 concluded on March 9, 2021. Year 1 Residual Distribution payments occurred in the fourth quarter of 2021.

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24. When will the Residual Distribution for the Settlement Program Year 2 occur?

    Settlement Program Year 2 concluded on March 9, 2022. Year 2 Residual Distribution payments occurred in the second quarter of 2022.

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25. When will the Residual Distribution for the Settlement Program Year 3 occur?

    Settlement Program Year 3 concluded on March 9, 2023. To the extent funds are available, Year 3 Residual Distribution payments are expected to occur in the second quarter of 2023.

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26. When will the Residual Distribution for the Settlement Program Year 4 occur?

    Settlement Program Year 4 will conclude on March 9, 2024. In addition to the time taken to initially process all claims filed, the Settlement Special Administrator provides claimants that were preliminarily found deficient or ineligible with an opportunity to provide curing documentation which in turn takes additional time for notification, receipt, and re-review. Moreover, if, after paying all eligible reimbursement claims received and Outreach Program expenses in Settlement Program Year 4, there are remaining funds, the Residual Distribution will be a pro rata payment which requires final dispositions for all claims before any individual claim amount can be calculated. To the extent that funds are available, Year 4 Residual Distribution payments are expected to occur in the second quarter of 2024.

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27. What about dealing with governmental authorities?

    Class Members are not precluded from addressing, contacting, dealing with, or complying with requests or inquiries from any governmental authorities relating to the issues raised in this class action settlement.

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28. Has my vehicle been recalled yet? / How do I know if my vehicle has been recalled?

    Subject Vehicles will be recalled by Coordinated Remedy Program Priority Groups. These priority groups are defined in the Amended Annex A document of the Remedy Order, which is available for download in the Documents section of this website.

    Additionally, you may check the National Highway Traffic Safety Administration’s website, at www.safercar.gov, to verify if a recall is active on your vehicle.

    It is important to note that dealerships may not have information regarding future recalls at this time, and may not perform the recall remedy until your Subject Vehicle has been recalled. If your Subject Vehicle is recalled in the future, you will become eligible to submit a Registration/Claim for a Settlement Payment after you take your Subject Vehicle to a dealership to have the Takata Airbag Recall Remedy performed.

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29. How do I get more information?

    More details are available in the Ford Settlement Agreement. You can view and/or print a copy of the Ford Settlement Agreement and other information about the Ford Settlement and other important documents in this case in the Documents section of the website. You can also contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596 or write to the Settlement Notice Administrator at:

    Auto Airbag Settlement
    Settlement Notice Administrator
    P.O. Box 3250
    Portland, OR 97208-3250

    Please do not contact Ford or Ford’s Dealers about the Settlement. Please direct all questions about the Settlement to the Settlement Notice Administrator.

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