NOTICE OF INTENT TO DISMISS CLASS ACTION AGAINST MIDWAY AUTO PLAZA WITH NO PAYMENT TO YOU.

Jump to:
Reason for this Notice
The Case
Description of the Case, its Dismissal and Payment of Some Claims
What You Should Know
Your rights and choices in this case.
How you can learn more about this case.
How you can object to the dismissal of your claims.
How long do you have to file an objection?
What will happen if you object?

Reason for this Notice: Between 2000 and 2009, you purchased a vehicle at Midway Auto Plaza in Layton, Utah. In the case described below, consumers like you filed a class action law suit against Midway Auto Plaza for refunds of some fees and insurance charges. The Court has tentatively approved a settlement, and has ordered that you receive notice of this decision.

The Case:DALTON JAQUES and others, Plaintiffs vs. MIDWAY AUTO PLAZA and MIKE RIDDLE MITSUBISHI, Defendants; Civil case #040700662 Court: Utah Second Judicial District Court in Davis County, Utah, Judge Michael G. Allphin.

Description of the Case, its Dismissal and Payment of Some Claims: This action was filed on December 30, 2004, by consumers who bought cars at the two dealerships. The consumers alleged that documentary service charges, charges for GAP insurance and charges for Vehicle Theft insurance (also called “VTR,” “VTP,” and “etch protection”) violated Utah law. The case was certified as a class action on July 30, 2008, and was appealed to the Utah Supreme Court which upheld the certification. Notices of this action were sent to you and others on March 31, 2012. Both dealerships went out of business in 2009 and have no assets to pay claims in this case. The Court has not ruled on the merits of the law suit. A $100,000 insurance policy held by the dealerships has been offered to pay the consumers who filed the case, class members and their attorneys as directed by the court. The consumers who filed the case have asked the court to approve the settlement and dismiss the case. All other claims in the case will be dismissed and cannot be re-filed. The Court has approved, subject to objections as described below.


What You Should Know: You should know that some consumers will receive money, but most will receive nothing. Some class members will be given a partial refund of a money paid for vehicle theft insurance, also called “etch” protection, “VTR” or “vehicle theft.” The consumers who filed the case believe the insurance policy covering dealership insurance errors is most applicable to Vehicle Theft policies sold in 2008 and 2009, and the Court has agreed. The records of the dealership show you did not buy vehicle theft insurance in the years 2008 or 2009, so the refunds do no apply to you. You have important rights as described below.

Your rights and choices in this case: You have two important rights at this stage of the case:
1. You have a right to information about the case so you will know if you have been treated fairly.
2. If you believe you should be receiving money, you have a right to object as described below.

How you can learn more about this case: You can learn more from any of the following sources:
1. You can read a more detailed history of the case and read important documents filed in the case by visiting the website utahclassactions.com.
2. You can call, visit or write to the attorneys who filed the case for consumers: Helgesen, Houtz & Jones, 1513 Hill Field Road, #3, Layton, Utah, 84041. Phone: 801.544.5306. Law firm website: utahattorneys.com
3. You can inspect all filings and records of the case by visiting the Court Clerk’s office of the Utah Second Judicial District Court in Davis County, Utah, at 800 West State Street, Farmington, UT 84025. (The case records are voluminous and will require advance notice to the clerk’s office. We recommend you first review the utahattorneys.com/classactions website.)

How you can object to the dismissal of your claims: If you object to the dismissal of your claims, you have two ways to file your objection.
1. You can object by leaving a message on the website utahclassactions.com.
2. You can object by sending an email or letter to the attorneys who filed the case for consumers:

Helgesen, Houtz & Jones, 1513 Hill Field Road, #3, Layton, Utah, 84041. Email: classactions@utahattorneys.com.

How long do you have to file an objection? TO HAVE YOUR OBJECTION CONSIDERED, YOU MUST FILE IT BY OCTOBER 1, 2015.

What will happen if you object? All objections will be reported to the Court. Those who object will be invited to present their objections, if they desire, to the judge in a court hearing. The Court will consider all objections and may or may not decide to approve the settlement and dismissal as proposed. If you object, you will be notified of the Court’s decision.