2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 1 of 11 Pg ID 22052
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
`
`IN RE: WIRE HARNESS
`IN RE: INSTRUMENT PANEL CLUSTERS
`IN RE: FUEL SENDERS
`IN RE: HEATER CONTROL PANELS
`IN RE: OCCUPANT SAFETY RESTRAINT
`SYSTEMS
`IN RE: ALTERNATORS
`IN RE: RADIATORS
`IN RE: STARTERS
`IN RE: SWITCHES
`IN RE: IGNITION COILS
`IN RE: MOTOR GENERATORS
`IN RE: STEERING ANGLE SENSORS
`IN RE: HID BALLASTS
`IN RE: INVERTERS
`IN RE: AIR FLOW METERS
`IN RE: FUEL INJECTION SYSTEMS
`IN RE: AUTOMATIC TRANSMISSION
`FLUID WARMERS
`IN RE: VALVE TIMING CONTROL
`DEVICES
`IN RE: ELECTRONIC THROTTLE BODIES
`
`THIS DOCUMENT RELATES TO
`ALL END - PAYOR ACTIONS
`
`:
`:
`
`Master File No. 12-md-02311
`Honorable Marianne O. Battani
`
`: Case No. 2:12-cv-00103-MOB-MKM
`: Case No. 2:12-cv-00203-MOB-MKM
`: Case No. 2:12-cv-00303-MOB-MKM
`: Case No. 2:12-cv-00403-MOB-MKM
`:
`Case No. 2:12-cv-00603-MOB-MKM
`:
`: Case No. 2:13-cv-00703-MOB-MKM
`: Case No. 2:13-cv-01003-MOB-MKM
`: Case No. 2:13-cv-01103-MOB-MKM
`: Case No. 2:13-cv-01303-MOB-MKM
`: Case No. 2:13-cv-01403-MOB-MKM
`: Case No. 2:13-cv-01503-MOB-MKM
`: Case No. 2:13-cv-01603-MOB-MKM
`: Case No. 2:13-cv-01703-MOB-MKM
`: Case No. 2:13-cv-01803-MOB-MKM
`: Case No. 2:13-cv-02003-MOB-MKM
`: Case No. 2:13-cv-02203-MOB-MKM
`:
`Case No. 2:13-cv-02403-MOB-MKM
`:
`:
`:
`: Case No. 2:13-cv-02603-MOB-MKM
`:
`
`:
`
`:
`
`
`Case No. 2:13-cv-02503-MOB-MKM
`
`OBJECTION TO PROPOSED CLASS ACTION SETTLEMENT
`
`
`
`
`
`
`
`Class Member, Jim Sciaroni, hereby objects to the proposed class action settlement in the
`proceeding known as In Re: Automotive Parts Antitrust Litigation as referenced above and to the
`appropriate defendant with respect to the unique facts of this objector.
`My name is Jim Sciaroni, and I reside at 19 Savannah Avenue, San Anselmo, CA 94960,
`telephone 415-699-1357. On July 6, 2013, I purchased from Toyota Marin in San Rafael, CA a
`2013 Toyota Camry Hybrid, VIN #4T1BD1FK3DU079752 in the amount of $28,656.00, plus
`fees, maintenance contract, license, etc. for a total financed amount of $31,512.38, plus a $500
`deposit, for a total final cost in the amount of $32,032.38. Attached as Exhibit A is my Loan
`
`
`
`1
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`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 2 of 11 Pg ID 22053
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`Agreement as proof of my purchase during the relevant time period. Therefore, I am a Class
`Member. I have read the Class Notice and find the settlement unfair as follows:
`
`
`INSUFFICIENT CLASS DEFINITION
`The Court should deny Final Approval because the Class definition is not sufficiently
`definite. Before a court may certify a class pursuant to Rule 23, “the class definition must be
`sufficiently definite so that it is administratively feasible for the court to determine whether a
`particular individual is a member of the proposed class.” See Young v. Nationwide Mut. Ins. Co.,
`693 F.3d 532 (6th Cir. 2012) (citing 5 James W. Moore et al., Moore’s Federal Practice § 23.21[1]
`(Matthew Bender 3d ed. 1997); see also John v. Nat’l Sec. Fire & Cas. Co., 501 F.3d 443, 445
`(5th Cir. 2007). For a class to be sufficiently defined, the court must be able to resolve the question
`of whether class members are included or excluded from the class by reference to objective criteria.
`In some circumstances, a reference to damages or injuries caused by particular wrongful actions
`taken by the defendants will be sufficiently objective criterion for proper inclusion in a class
`definition. Similarly, a reference to fixed, geographic boundaries will generally be sufficiently
`objective for proper inclusion in a class definition. Id. (citing Moore’s Federal Practice § 23.21[3]).
`Here, the Class is defined as anyone who at any time from 1998 to 2015: (1) bought or leased a
`new motor vehicle in the U.S. (not for resale), or (2) paid to replace one or more of the new motor
`vehicle parts identified in the settlement agreements (not for resale). The Class definition has no
`reference to damages or injury, or to any specific geographical boundaries other than the entire
`United States. The Class definition is overbroad and void of any objective criteria that would put
`an absent Class Member on notice that his or her rights are before the Court. Because the Class
`definition is not sufficiently definite, the Court should deny Final Approval.
`
`
`PROPOSED SETTLEMENTS CREATE INCURABLE MANAGEABILITY ISSUES
`The Court should deny Final Approval pursuant to Rule 23(b)(3)(D) because the proposed
`Settlements create incurable manageability issues that invite mini-trials and fraudulent claims. The
`function of the Class Action device is to aggregate individual claims for the purpose of judicial
`and economic efficiency. In order to do so, the Court must be able to ascertain the Class. See e.g.
`Kent v. SunAmerica Life Ins. Co., 190 F.R.D. 271, 278 (D. Mass. 2000) (ascertainablity is
`“essential . . . for a court to decide and declare . . . who will share in any recovery”). “It is unfair
`to absent class members if there is a significant likelihood their recovery will be diluted by
`
`
`
`2
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`

`
`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 3 of 11 Pg ID 22054
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`fraudulent or inaccurate claims.” Carrera v. Bayer Corp., 727 F.3d 300, 310 (3rd Cir. 2013); see
`also Jenkins v. White Castle Mgmt. Co., No. 12 CV 7273, 2015 WL 832409, *3 (N.D. Ill. Feb. 25,
`2015) (“[P]roceeding with an ascertainable class safeguards the rights of both the parties and
`absent class members.”). “A trial court should ensure that class members can be identified without
`extensive and individualized fact-finding or ‘mini-trials,’ a determination which must be made at
`the class certification stage.” Carrera at 307 (internal quotation marks omitted) (quoting Marcus
`v. BMW of North America LLC, 687 F.3d 583, 594). Rule 23(b)(3) requires a finding that common
`questions of law or fact predominate over any questions affecting only individual members, and
`that a class action is superior to other available methods for fairly and efficiently adjudicating the
`controversy. Fed. R. Civ. P. 23(b)(3). The Court cannot reasonably make such a finding.
`The Court must gather the requisite information to ascertain and manage the proposed
`class. See e.g. Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015) (affirming class certification
`where there was a “reliable and administratively feasible” method for assessing class membership).
`“If class members are impossible to identify without extensive and individualized fact-finding or
`‘mini-trials,’ then a class action is inappropriate.” Marcus v. BMW of North America, LLC, 687
`F.3d 583, 593. Here, the Settlement Administrator has no reliable and administratively feasible
`method for verifying and processing claims, and calculating the amount of the recovery for each
`Claimant. In fact, there are no records whatsoever to determine class membership.
`The Parties cannot rely on Claimants to self-identify as valid Class Members. See e.g.
`Young v. Nationwide; see also Karhu v. Vital Pharmaceuticals, Inc., No. 14-11648, 2015 WL
`3560722, at *2-4 (11th Cir. June 9, 2015) (unpublished) (holding that plaintiffs cannot satisfy the
`ascertainability requirement by proposing that class members self-identify, such as with sworn
`affidavits, without first establishing that self-identification would be “administratively feasible and
`not otherwise problematic”). The lack of internal data from Defendants means that the only way
`the Court and the Administrator could confirm class membership is through the use of either
`claimant affidavits or mini-trials. In both Young v. Nationwide and Rikos v. Procter Gamble,
`defendants possessed some internal data to confirm valid class member status. See Young at 539;
`Rikos et al. v. The Procter & Gamble Co., No. 14-4088, 33-35 (6th Cir. Aug 20, 2015). The Sixth
`Circuit affirmed the district court in both Young and Rikos on the basis that internal data combined
`with supplemental information, such as receipts and affidavits, cured ascertainability defects. Such
`is not the case here. Based on the Class definition in the proposed Settlement Agreements, anyone
`could claim class membership and take advantage of settlement relief, which harms valid Class
`
`
`
`3
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`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 4 of 11 Pg ID 22055
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`Members and dilutes relief. Similarly, some Class Members may want to pursue litigation on their
`own. For those Class Members, they will not know whether or not these Settlements preclude their
`claims. Because the proposed Settlements demand individualized procedures to determine class
`membership, the Class is neither ascertainable nor manageable and mini-trials would be necessary
`to determine class membership, which would suffocate any aggregate efficiency of the class action
`mechanism. The inability to determine who is and is not a Class Member also means that individual
`issues predominate over class issues. Defendants have no internal data to identify class member
`status and, based on Sixth Circuit precedent, it would be an abuse of discretion to certify the Class
`and grant final approval. The Court should deny Final Approval because the Court cannot ascertain
`and manage the proposed Class and because individual issues predominate over Class issues.
`
`
`CLASS NOTICE FAILS TO MEET DUE PROCESS REQUIREMENTS
`The Class Notice does not meet the requirements of due process. It is unfair to subject
`people to a binding judicial proceeding in which their rights or interests are at stake without telling
`them about it first. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950).
`“Ascertainability . . . allow[s] potential class members to identify themselves for purposes of
`opting out of a class.” Carrera v. Bayer Corp., 727 F.3d 300, 307 (3d Cir. 2013); see also
`Cunningham Charter Corp. v. Learjet, Inc., 258 F.R.D. 320, 325 (S.D. Ill. 2009) (finding that the
`ascertainability requirement “is necessary to provide the best notice that is practicable under the
`circumstances”) (internal quotation marks omitted); Manual for Complex Litigation § 21.222 (4th
`ed. 2004) (“The membership of the class must be ascertainable . . . [b]ecause individual class
`members must receive the best notice practicable and have an opportunity to opt out . . . .”); 1
`Rubenstein, supra note 14, § 3:2, at 157 (explaining that some courts impose an ascertainability
`requirement to facilitate notice). Due process requires the best notice practicable under the
`circumstances. “Ascertainability is needed for properly enforcing the preclusive effect of final
`judgment. The class definition must be clear in its applicability so that it will be clear later on
`whose rights are merged into the judgment, that is, who gets the benefit of any relief and who gets
`the burden of any loss.” Xavier v. Philip Morris USA Inc., 787 F. Supp. 2d 1075, 1089 (N.D. Cal.
`2011); see also Bakalar v. Vavra, 237 F.R.D. 59, 64 (S.D.N.Y. 2006) (finding unascertainable a
`class of entities making claims on the estate of an art collector from whom Nazis expropriated an
`abstract expressionist painting). Ascertainability is supposed to clarify claim preclusion not just
`for the court, but for potential litigants who need to reach their own conclusion about whether
`
`
`
`4
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`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 5 of 11 Pg ID 22056
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`individual litigation is possible. The Third Circuit noted that “[i]f a class cannot be ascertained in
`an economical and ‘administratively feasible’ manner[,] significant benefits of a class action are
`lost.” Carerra, 727 F.3d 300, 307 (3d Cir. 2013). Here, the Notice provided to the Class is not the
`best notice practicable because the Class is not clearly defined so that the public can read it,
`determine class membership, and decide whether or not to participate in the settlement. The Notice
`deficiencies harm both absent Class Members that want to participate in the Settlements, and those
`that would rather request exclusion and file individual actions.
`
`SETTLEMENT RELEASES BAR FUTURE ANTITRUST CLAIMS
`FOR NEW PRODUCTS
`Final Approval should be denied because the settlement releases bar future antitrust claims
`for new products. Autoliv Settlement Agreement at ¶ 20; Fujikara Settlement Agreement at ¶ 22;
`Hitatchi Settlement Agreement at ¶ 25; Lear and KL Sales Settlement Agreement at ¶ 18; Nippon
`Seiki Settlement Agreement at ¶ 20; Panasonic Settlement Agreement at ¶ 21; Sumitomo
`Settlement Agreement at ¶ 21; TRAD Settlement Agreement at ¶ 23; TRW Settlement Agreement
`at ¶ 20; Yazaki Settlement Agreements at ¶ 20. The proposed settlement releases run afoul of Rule
`23’s requirement for common questions of fact and law. A release of future claims is contrary to
`Rule 23 because neither the Class nor the Court can know what common questions or facts there
`will be in the future. The risks of future-conduct releases to class members are substantially greater
`than the risks of past-conduct releases because they do not share common questions of facts and
`law and, as a result, class members are unable to meaningfully assess the value of the release in
`comparison to the proposed relief.
`The proposed releases also violate the factual predicate rule. Releases of future conduct
`must apply only to claims arising out of conditions that existed prior to the settlement. See Moulton
`v. U.S. S. Corp., 581 F.3d 344, 349 (6th Cir. 2009); see also Olden v. Gardner, 294 Fed.Appx.
`210, 220 (6th Cir. 2008). In Moulton, the Sixth Circuit affirmed the approval of a settlement release
`that included future conduct because the release applied “only to claims arising out of conditions
`that existed prior to the settlement.” Moulton at 350. Based on the Sixth Circuit’s analysis however,
`the release in Moulton would have been impermissible had it applied to claims for new equipment.
`Id. Here, the Settlement Releases are not limited to old products. Considering that the Settlements
`presented here include everyone in the United States that bought or leased a car within the last two
`decades, the overbroad release of future conduct shields defendants from future antitrust claims
`
`
`
`5
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`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 6 of 11 Pg ID 22057
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`based on new products. The expansive releases could also inhibit future government actions
`against defendants. The Releases should be limited to Defendants’ past conduct and any released
`claims should be limited to the Class Period and products in existence within the Class Period.
`
`
`CREATION OF SUBCLASSES MAY CORRECT ISSUES RAISED ABOVE
`Plaintiffs may be able to correct the issues identified above through the creation of
`subclasses. For a purchaser/lessor subclass, the Parties would need to first identify specific makes
`and models that contained Defendants products. For a replacement subclass, the Court could
`certify a subclass if Defendants have internal data that can be cross-referenced with Claimant
`affidavits. A new round of publication notice would be required.
`
`
`CLASS COUNSEL HAS FAILED TO SHOW FEE REQUEST IS REASONABLE
`Class Counsel has not met its burden of demonstrating that its fee request of 30% of the
`settlement benefits is reasonable. See Bowling v. Pfizer, Inc., 132 F.3d 1147, 1152 (6th Cir. 1998)
`(“The district court should pay particularly close attention to counsel’s fee requests, because this
`money comes from the beneficiaries, not from the defendants.”). The complexity of the issues is a
`significant factor to be considered in making a fee award. If the Court approves the Settlements,
`which it should not, the Court should limit Class Counsel’s fee award to the value attributed to it
`as opposed to the Department of Justice. See, e.g., Goldberger v. Integrated Resources, Inc., 209
`F.3d 43, 53-54 (2d Cir. 2000) (4% fee awarded, in part because counsel benefitted from work done
`by federal authorities); see also Quantum Health Resources, Inc., 962 F. Supp. 1254, 1259 (C.D.
`Cal. 1997) (court reduced “benchmark” percentage to 10% due to government’s involvement).
`Class Counsel owes the Department of Justice significant credit; the Department of Justice
`engaged in significant pre-complaint investigation efforts, prosecuted defendants for their antitrust
`violations, and secured convictions. The Department of Justice began investigating criminal price-
`fixing and bid-rigging conspiracies years before Class Counsel filed any suits. In September 2011,
`the Department of Justice secured its first criminal convictions against Furukawa Electric Co. Ltd.
`for its role in a criminal price-fixing and bid-rigging conspiracy involving the sale of parts to
`automobile manufacturers. Class Counsel did not file any suit prior to 2012 and used information
`from the criminal convictions within its complaints. Because the Department of Justice’s
`investigations and convictions paved the way for Class Counsel’s actions, the risk and complexity
`of the actions to Class Counsel was minimal. The Department of Justice’s actions dramatically
`
`
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`6
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`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 7 of 11 Pg ID 22058
`2:12-md-02311-MOB-MKM DOC # 1268 Filed 03/25/1113 Pg 7 Of 11
`Pg ID 22058
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`increased Class Counsel chances of success, thus, Class Counsel’s fee request is unreasonable and
`
`unsupported. See. e.g., In re First DarabankAr2tirrus2‘ Litigation, 209 F. Supp. 2d 96, 98 (D.D.C.
`
`2002) (reducing fee award due to Federal Trade Commission's work reducing risk and complexity
`
`to counsel). The Court should reduce Class Counsel’s fee request to 10% because the Department
`
`of Justice’s legwork significantly reduced Class Counsel’s risk bringing these actions and
`
`increased its chances of success.
`
`
` Jim. Sci ‘oni, Objector
`
`laated: March 25, 2016
`
`Dated: March 25. 2016
`
`By:
`
`/s/ Joseph J. Dadich, Esg.
`Joseph J. Dadich, Esq. Attorney for Objector
`Dadich & Associates, PLLC
`2844 Livernois Rd, #4292
`
`Troy, MI 48099
`Telephone: 586-604-9168
`Facsimile: 248-479-1710
`
`E—Mail: joedadich@gmail.corn
`
`

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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 8 of 11 Pg ID 22059
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing was filed electronically via CM/ECF on March
`25, 2016, and served by the same means on all counsel of record.
`
`
`
`
`
`
`
`/s/ Joseph J. Dadich, Esq.
`
`
`
`
`
`8
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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 9 of 11 Pg ID 22060
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`Exhibit A
`
`

`
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`
`AUTO BROKER FEE DISCLOSURE
`
`
`
`If this contract reflects the retail sale of a
`
`new motor vehicle, the sale is not subject
`
`
`to a fee received by an autobroker from us
`
`unless the following box is checked:
`
`
`applicable:
`
`O Name of autobroker receiving fee, if
`
`
`
`You are applying for the credit insurance
`mar�
`
`
`above. Your signature below means that � agree
`
`
`that: (1) You are not eligible for insurance
`
`reached your 65th birthday.
`
`disability insurance
`
`or profit 30 hours a week or more on tne EffeciNE
`Date. (3) Only the Primary
`disability insurance. DISABILITY INSURANCE MAY
`
`
`
`
`
`NOT COVER CONDITIONS FOR WHICH YOU HAVE
`
`SEEN A DOCTOR OR CHIROPRACTOR IN THE
`
`LAST 6 MONTHS (Refer to "Total
`
`
`Covered" in your policy for details).
`
`
`You want to buy the credit insurance.
`
`M'. (E)
`$
`based on your original payment schedule. This insurance may
`
`
`
`
`
`
`
`not pay all you owe on this contract if you make late payments.
`�' ' (F)
`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 10 of 11 Pg ID 22061
`F. 1C:: :�a,, TI-e:': Jeierren: De<.�ce (to whom paid) ________ _ $
`
`
`
`
`
`
`
`Credit disability insurance does not cover any increase in your
`M, (G)
`G. (Optional) Surface Protection Product (to whom paid) ________ _ $
`
`
`
`
`
`
`
`payment or in the number of payments. Coverage for credit ltte
`
`
`
`
`
`insurance and credit disability insurance ends on the original
`>Jf (H)
`________ _ $(to whom paid) Product H. (Optional) Surface Protection
`
`
`
`
`
`
`
`due date for the last payment unless a different tel'f'\ for U>e
`'":I � (I)
`I. EV Charging Station
`
`(to whom paid) _ _.._1 �' -----------
`$
`
`insurance is shown above.
`s 74'::I t;, (J)
`J. Sales Tax (on :axaole items in A 1/vough I)
`
`
`K. Elec:r:"ic Vehicle l=leg;stratior or Transfer Charge
`tt � -ha'.�
`(�:: 3 JOv2-,,..enta! 'ee. ,: ,r,"'lQ("J CW• --=----------S--���-�o ·'" (K)
`(2) You are � �
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`only tt you are �.g br �;ss
`(M) (N) (0)
`
`M. (G:::;,-� 3:-:.;; ::--::e:;: '.: ... :x:-:J3)CI
`S-�----
`Buyer is eligible iof
`N./0;::ca Se�-ce 2:,..-.,;:t =o NfYY" oalo
`$ _____ _
`0. :C:-,= 5:--n;:e ::;:-e� ;: Mr-paidj
`$ _____ _
`(P)
`P. �:. 3:?- � ::.-"3-C'. ·:; wno;r ca.dl
`Disabifmes Not
`C =-o- =� -:r �� 3.a.�---= case:,, Ss ar ;c
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`::. .:.�::. -;a= :;,:--:::a:71r-l'i�::-n pa'ct). ____________
`(R) (S)
`·•Date X Buyer Signature
`S---�--�JI�
`Age
`- :,:;;;i:i,c;.,1 _s.:: .'er;;; e Ccmract
`Cancellation
`Option Agreement
`S------"--'-
`X
`
`Date Co-Buyer Signature Age
`._ I t (T)
`$ 1 ., '
`(debt cancella·
`
`
`OPTIONAL GAP CONTRACT A gap contract
`(1)
`
`�':.C:.. Cash Price A through T)
`
`
`
`tion contract) is not required to obtain credit and will not be
`
`2.. !-n.2\ts Paid to Public Officials
`
`provided unless you sign below and agree to pay the extra
`""t -,•e"'
`, 01;. f'
`
`
`
`charge. If you choose to buy a gap contract, the charge is shown
`S---�-'--(A)
`e-� e .Jcense Fees
`
`in item 1 R of the Itemization of Amount Financed. See your gap
`S---� (8)
`
`:i ::.c;s!ration/fransfermtling Fees
`n11uote ...
`
`
`
`
`contract for detalls on the terms and conditions it provides. It is
`2 . c:. (C)
`a part of this contract.
`
`: 12�:irnia Tire Fees
`$-----;-�
`" a<' (D)
`J. Oiher _____________
`________ S ____ _..,__
`Term Ll.f, Mos.---------
`Name of Gap Contract
`(2)
`
`
`Total Official Fees (A through D)
`I want to buy a gap contract.
`
`13. Amount Paid to Insurance Companies
`(3)
`
`
`
`
`
`(Total premiums from Statement of Insurance column a+ b)
`Buyer Signs X --------
`----
`$
`(4) (5)
`4. D State Emissions Certification Fee or D State Emissions Exemption Fee
`
`
`
`
`OPTIONAL SERVICE CONTRACT(S) You want to
`1 5. Subtotal
`
`(1 through 4)
`$ l"Jn.1"'
`
`purchase !he sefVice cont ract{s) writ!eo with the lollowing
`
`compa.nyfies) for lhe :erTI(s} SOOW!'l below br 1:ie cr2rge(s)
`6. Total Downpayment
`
`shown in item 1L.1M. 1N. 10. a:-Go; ·�
`(A)
`
`A. AgreedTrade-lnValue Yr ______ Make ________ $ _____ _
`Model __________ Qdom ________ _
`1 L Company• '
`\�
`Term _ ____ Mos.or ''
`VIN _____________________
`_
`$ __ _ _ _
`(8) (C) (D) (E)
`
`
`
`B.Less Prior Credit or Lease Balance (e)
`1M Company
`$ ___ _ _ _ •1 �
`Mos. or r::1:. Vl-t"\
`
`C. Net Trade-In (A less B) (indicate
`
`if a negative number)
`Term ',.
`---=--
`1N Company ,a
`
`D. Deferred Downpayment
`$ _____ _ t'
`r
`
`E. Manufacturer's Rebate
`$ ____ _ _
`Term _ ____ Mos.or
`M'!es
`r. ·,r. •"'·-. (F)
`F. Other ___ _____ ____________
`_ $ _____ _ "•l
`10Company
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`Term _ ____ Mos. or n I
`G.Cash
`Mies I
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`Total Downpayment (C through G)
`1P Company
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`(Ii negative, enter zero on line 6 and enter the amount less than zero as a posttive number on line 1 Q above)
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`_____ Mos. or ------�·.l,f.les.- 1
`Term
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`7. Amount Financed
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`BuyerX
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`SELLER ASSISTED LOAN
`HOW THIS CONTRACT CAN BE CHANGED. This
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`BUYER MAY BE REQUIRED TO PLEDGE SECURITY FOR THE LOAN, AND
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`contract contains the entire agreement betweer 'fOl.i
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`WILL BE OBLIGATED FOR THE INSTAI.LMENT PAYMENTS ON BOTH THIS
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`and us relating to this contrac:. Ary cnangs to tr�
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`RETAIL INSTALU,1EHT SALE CONTRACT AND THE LOAN.
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`contract must be in writing and boih you a'ld ws
`must sign it. No oral CAanges are �nding. -
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`Proceeds of Loan From:
`Amount S
`Buyer Signs X ____________ _
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`Finance Charge$ ___ _
`in ____ _
`Payable
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`Co-Buyer Signs X
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`Total S
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`installments of$
`from this Loan is shown in item 60.
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`assign this contract toa:financial institution wiU apply. --- -
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`Buyer ,·
`Co-Buyer
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`Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute :: , -,a,;_"'3
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`binding arbitration and not by a court action. See the Arbltration Provision for additional information concerning the agreement to arbitrate.
`Buyer Signs X
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`Co-Buyer Signs X
`__ 1_,_11 _____ , Year __ • _. SELLER'S
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`INITIALS- -- --
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`OPTION: 0 You pay no finance charge i! the Amount Financed. item 7, is paid in full on or before
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`... z: ,., "·"'•· -;_,JM,:; L,. T lS;JRANCE LIMITS PROVIDED "ff LAW llUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE U ;5... �
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`"'YOUR C:_U��E·mr 'SURA:"!:: WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACTYOUR INSUfl � ,: -
`Exhibit A
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`SELLER'S RIGHT TO CANCEL If Buyer and Co-Buyer sign here, the provisions of the Seller's Right to Cancel section on the back giving the Seller the right to cancel if Seller is ��ill: .;::
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`X
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`�X-=-------
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`�:_:cy
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`Agreement to Arbitrate: By signing below, you agree that, pursuant to tne Aronrauon nov1s1on on me reverse s1ae u1 un� w1111cfi;1, yuu u, w" 111ay "'""' ,u ,.,.,u ... , any u,.,f'u'" u1 uouuu,,
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`c.;;,- ,
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`2:12-md-02311-MOB-MKM Doc # 1268 Filed 03/25/16 Pg 11 of 11 Pg ID 22062
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`the agr,ement to arbitrate.
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`binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning
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`Buyer Signs X . ,; � • --
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`Co-Buyer Signs X
`, Yeaf� . SELLER'S INITIALS
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`OPTION: 0 You pay no finance charge if the Amount Financed, item 7, is paid in full on or before l
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`THE MINIMUM PUBLIC LIABILITY INSURANCE LIMITS PROVIDED fN LAW MUST BE MET BY EVERY PERSON WHO PURCHASES A VEHICLE. IF YOU ARE UNSURE WHETHER OR
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`NOT YOUR CURRENT INSURANCE POLICY WILL COVER YOUR NEWLY ACQUIRED VEHICLE IN THE EVENT OF AN ACCIDENT, YOU SHOULD CONTACTVOUR INSURANCE AGENT.
`WARNING:
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`YOUR PRESENT POLICY MAY NOT COVER COLLISION DAMAGE OR MAY NOT PROVIDE FOR FULL REPLACEMENT COSTS FOR THE VEHICLE BEING PURCHASED. IF YOU DO
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`NOT HAVE FULL COVERAGE, SUPPLEMENTAL COVERAGE FOR COLLISION DAMAGE MAY BE AVAILABLE TO YOU THROUGH YOUR INSURANCE AGENT OR THROUGH THE SELLING
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`DEALER. HOWEVER, UNLESS OTHERWISE SPECIFIED, THE COVERAGE YOU OBTAIN THROUGH THE DEALER PROTECTS ONLY THE DEALER, USUALLY UP TO THE AMOUNT OF
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`THE UNPAID BALANCE REMAINING AFTERTHE VEHICLE HAS BEEN REPOSSESSED AND SOLD.
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`FOR ADVICE ON FULL COVERAGE THAT WILL PROTECTYOU IN THE EVENT OF LOSS OR DAMAGE TO YOUR VEHICLE, YOU SHOULD CONTACTYOUR INSURANCE AGENT.
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`THE BUYER SHALL SIGN TO ACKNOWLEDGE THAT H�Hf UNDERSTANDS THESE PUBLIC LIABILITY TERMS AND CONDmONS .
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`S/SX
`X
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`Trade-In Payoff Agreement: Seller relied on information from you and/or the lienholder or lessor of your trade-in vehicle to arrive at the payoff amount shown in item 68 of the Itemization of Amount Financed
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`as the 'Prtor Credit or Lease Balance: You understand that the amount quoted is an estimate.
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`Seller agrees to pay the payoff armunt shown in 6B to the lienholder or lessor of the trade-in vehicle, or its desgnee. If the actual payoff amount is more than the amount shown in 68, you must pay the Seier
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`the excess on demand. If the actual payoff amount is less than the amount shown in 68, Seller will refund
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`to you any overage Seller receives from your prior lienhokler or lessor. Except as stated in the 'NOTICE'
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`on the back of this contract, any assignee of this rontract
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`will not be obligated to pay the Prior Credit or Lease Balance shown in 6B or any refund.
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`Buyer Signature X
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`Co-Buyer Signature X ij I J
`filled to a completely any blank spaces to be filled Notice to buyer: (1) Do not sign this agreement before you read it or if it contains in. (2) You are entitled
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`of your obligations in the performance in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time. (4) If you default
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`under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for the unpaid indebtedness evidenced by this agreement.
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`If you have a complaint concerning this sale, you should try to resolve it with the seller.
`Complaints
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`concerning unfair or deceptive practices or methods by the seller may be referred to the city attorney, the district attorney, or an investigator for the Department
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`of Motor Vehicles, or any combination thereof.
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`After this contract is signed, the seller may not change the financing or payment terms unless you agree in writing to the change. You do not have to agree to any change,
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`and it is an unfair or deceptive practice for the seller to make a unilateral change.
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`Buyer Signature X --
`Co-Buyer Signature X
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`The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract
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`and retain its right to receive a part of the Finance Charge.
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`YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU
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`CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE
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`THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION
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`California law does not provide for a "cooling-off" or other cancellation period for vehicle sales. Therefore, you cannot later cancel this contract
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`GAVE IT TO YOU, AND YOU WERE FREE TO TAKE IT AND
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`simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign below, REVIEW IT. YOU ACKNOWLEDGE THAT YOU HAVE READ
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`you may only cancel this contract with the agreement of the seller or for legal cause, such as fraud. However, California law does require a BOTH SIDES OF THIS CONTRACT, INCLUDING THE
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`seller to offer a 1Y10,day contract cancellation option on used vehicles with a purchase price of less than forty thousand dollars ($40,000), subject
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`ARBITRATION PROVISION ON THE REVERSE SIDE, BEFORE
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`to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle,
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`SIGNING BELOW. YOU CONFIRM THAT YOU RECEIVED A
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`or an off·highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agreement for details.
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`COMPLETELY FILLED-IN COPY WHEN YOU SIGNED IT.
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`X -I.
`Buyer Signature
`Date
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`Co-Buyer Signature
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`us in this contract. given to interest in the vehicle to the security The other owner agrees does not have to pay the debt.
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`Other Owner Signature X
`Address
`If Buyer fails to pay any money owing the payment of this contract. who si�ns as a Guarantor individually guarantees
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`GUARANTY: To induce us to sell the vehicle to Buyer, each person
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`on this contract, each Guarantor must paf ii when asked. Each Guarantor
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`and even if Buyer has a fcersons also sign as Guarantor,
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`WI I be liable for the total amount owing even if other
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`complete defense to Guarantor's demand or reimbursement
`(1) give the Buyer more time to� one or more
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`even if we do one or more of the allowing: . Each Guarantor agrees to be liable
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`�) give a full or partial release to ai>; other Guarantor;
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`(3) release any security; (4) ace:! less from the Buyer than the total
`payments;
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`amount owing; or (5) otherwise rea a settlement
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`relating to t is contract or extend the contract. ach Guarantor acknowledges receipt of a complet copy of this contract and guaranty at the time of signing.
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`Guarantor waives notice of acceptance of this Guaranty, notice of the Buyer's non-payment, non-performance, and default; and notices of the amount owing at any time, and of any demands upon the Buyer.
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`Guarantor X
`Date
`Date
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`Guarantor X
`Address '
`Address
`Date .-,-''..: ' · ByX
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`Seller Signs -
`LAW " FORM NO. 553-CA-ARB
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`Co-Buyers and Other Owners -