NOTICE OF YOUR RIGHT TO CLAIM A REFUND IN A CLASS ACTION AGAINST MIDWAY AUTO PLAZA

 

YOU WILL LIKELY RECEIVE MONEY IF YOU REPLY TO THIS NOTICE. MUST RESPOND BY OCTOBER 1, 2015.


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 much money will I receive?
How certain is my right to receive a refund?
When can you expect to receive the refund?
How do you file a claim for refund?
How long do you have to file a claim for a refund?
If you claim a refund, your “Edge-Guard” policy will be cancelled.
How you can learn more about this case.
How you can object if you think you have been treated unfairly?

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 Mike Riddle Mitsubishi for refunds of some fees and insurance charges. The Court has tentatively approved a settlement WHICH GIVES YOU THE RIGHT TO A PARTIAL REFUND. The conditions and amount of the refund is described below..

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 case 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 and class members as directed by the court. The consumers who filed the case have asked the court to approve the settlement and dismiss the case. The Court has agreed, 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 premium 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 purchased a vehicle theft policy in the years 2008 or 2009, so the refunds apply to you under the conditions described below.

Your rights and choices in this case: You have these important rights and choices:

  1. You have a right to information about the case so you will know if you have been treated fairly.
  2. If you want to receive money, you must file a claim.
  3. If you no longer have your vehicle, you should file a claim.
  4. If you want to keep your “Edge-Guard” policy, you should do nothing.
  5. If you think you are being treated unfairly, you have a right to object.

How much money will I receive?

Under the tentative order of the Court, you are among 529 class members who will share total of $28,040.43. The amount of your refund will depend on the number of eligible class members who reply to this notice. If all 529 reply, your refund would be about $53.00.  If 50% reply, your refund would be about $106.00.  The lawyers who filed the case believe more than 50% of these 529 class members will reply to this notice, but the percentage is uncertain.

How certain is my right to receive a refund? The Court’s order which gives you the right to a refund is conditional, which means the Court could revise its ruling if objections from other class members are persuasive. More than 8,700 notices have been sent out and the objection period ends on October 1, 2015. After that, the Court will consider all objections received. The Court is free to do as it decides. The attorneys at Helgesen, Houtz and Jones, who filed the class action on your behalf, believe the chances are very high you will receive the refund described in this Notice.

When can you expect to receive the refund? Because of the periods for objections and claims, refunds are expected in late 2015.

How do you file a claim for refund?

  1. Complete the short Claim Form at the end of this notice and return it to the address provided.
  2. Leave a message on the website utahclassactions.com using the contact form provided.
  3. Send 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.
  4. Call the law firm Helgesen, Houtz & Jones at 801.544.5306 and tell them you want to receive a refund. You will be asked for your name and contact information.

How long do you have to file a claim for a refund? You must file a claim for a refund by October 1, 2015 or you will lose the right to do so.

If you claim a refund, your “Edge-Guard” policy will be cancelled. Under Utah law, you must make a choice. You can receive a refund or you can keep your “Edge-Guard” vehicle theft policy. You cannot do both. If you claim a refund your policy will be cancelled.

What is “Edge-Guard” vehicle theft insurance, how much did you pay, and should you keep it? Dealership records show you paid $299.95 for a vehicle theft policy called “Edge-Guard.” You can see a sample of an Edge-Guard policy on the utahclassactions.com website. Edge-Guard promises to pay either $1,000 or $2,500 if the vehicle is stolen and not recovered. But, lawyers for the consumers in this case say the Edge-Guard policies are vague, misleading and do not deliver what is promised. The fine print limits payments to the amount of the deductible in the regular comprehensive insurance on the vehicle, usually an amount between $150 and $500. The policy gives an address to file claims but the business which pays the claim is not identified. Lawyers for the consumers doubt anyone but the dealership can be required to pay the Edge-Guard policy benefits. However, both dealerships are out of business. Also, the claim periods and conditions are restrictive and make claims unlikely. You can read more about the problems with Edge-Guard on utahclassactions.com.

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 utahclassactions.com website.)

How you can object if you think you have been treated unfairly? If you object to the proposed settlement, 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.


Please complete and submit the form below.

I (or We), want to cancel the Edge-Guard policy and claim the refund described in the Notice.

Claim Form- Midway Auto Plaza Class Action