Khona, et al. v. Subaru of America, Inc.
Subaru Windshield Settlement
Case No. 1:19-cv-09323-RMB-AMD

Frequently Asked Questions

 

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  • The Notice applies to current and former owners and lessees of a “Settlement Class Vehicle,” which is 2015 or 2016 Subaru Outback or Legacy vehicles sold or leased in the United States with Original Windshields that are subject to Service Bulletin 12-192-15, as described in FAQ 5 below.

    The Notice was mailed to alert Class Members to a proposed settlement of a class action lawsuit, and about their options, before the Court decides whether to approve the Settlement.

    The Notice explains the lawsuit, the Settlement, Class Members' legal rights, what benefits are available, who is eligible for them, and how to get them.

    The Court in charge of this case is the United States District Court for the District of New Jersey, and the case is known as Khona, et al., v. Subaru of America, Inc., Case No. 1:19-cv-09323-RMB-AMD (D.N.J.). The people who sued are called the Plaintiffs, and the company they sued, Subaru of America, Inc. (“Subaru”), is called the Defendant.

  • The lawsuit alleges that Subaru sold certain 2015 and 2016 Subaru Outback and Legacy vehicles without disclosing that the vehicles contain one or more alleged design and/or manufacturing defects that can cause their windshields to develop cracks originating in or passing through the de-icer region, as described in Service Bulletin 12-192-15 (the “Condition”). During the windshield glass manufacturing process, certain compounds used to adhere the de-icer to the lower portion of the Original Windshield had the potential to create a Condition where the glass could become more susceptible to cracking following a minor wound to the glass due to some outside force such as a stone impact. If this Condition occurs, the damage to the glass generally appears to be very minor (or may even be invisible) but the glass may crack as a result. If the crack originates or passes through the de-icer (lower) area of the windshield, then this Condition may be the cause. It is Subaru’s position that damage to other areas of the windshield, regardless of the cause, does not result from a manufacturing defect and consequently is not eligible for coverage either under the original limited warranty or under the extended warranty described in the& Notice. In addition, only genuine Subaru original or replacement windshields are eligible for warranty coverage.

    Image of Windshield to Identify the Deicer Area

    Subaru previously extended the warranty for the genuine Subaru Original Windshield on the Class Vehicles for damage caused by the Condition to five (5) years/unlimited miles and offered reimbursement for out-of-pocket costs incurred by any vehicle owner or lessee who paid to replace his or her Original Windshield. Under the Settlement, Subaru has agreed to further extend the warranty on the Original Windshields to eight (8) years/unlimited miles and to provide reimbursement for any repair or replacement of an Original Windshield during the durational limits of the Warranty Extension (i.e., within the first eight years) subject to the limits in FAQ 7 below. Subaru has introduced an enhanced windshield to resolve customer issues (“Enhanced Windshields”). Subaru denies that it did anything wrong.

  • In a class action, one or more people, called “Class Representatives,” sue on behalf of people who have similar claims. All these people are in a “Settlement Class” or “Settlement Class Members,” except for those who exclude themselves from the Settlement Class. U.S. District Court Judge Renee Marie Bumb of the United States District Court for the District of New Jersey is in charge of this class action.

  • The parties on both sides decided that a settlement was a better solution than the uncertainty and expense of litigation. Plaintiffs and their counsel believe that the proposed Settlement Agreement is fair and reasonable and in the best interests of all the potential members of the Settlement Class.

  • You are included in this Settlement if you fit the following descriptions:

    2015 Subaru Outback and Legacy Owners and Lessees

    All persons or entities who own or lease, or previously owned or leased, a 2015 Subaru Outback or Legacy with the All-Weather Package in the continental United States, whose vehicles still have their Original Windshields, or who have paid out-of-pocket costs for replacement of their Original Windshields manifesting the Condition but have not previously obtained reimbursement.

    2016 Subaru Outback and Legacy Owners and Lessees

    All persons or entities who own or lease, or previously owned or leased, a 2016 Subaru Outback or Legacy with the All-Weather Package, with a VIN lower than the specified VINs in the below table, in the continental United States, whose vehicles still have their Original Windshields, or who have paid out-of-pocket costs for replacement of their Original Windshields manifesting the Condition but have not previously obtained reimbursement. To determine if you are below the specified VIN, refer to the last seven digits of your VIN.

    Model/Year Have Eyesight? You Are a Class Member if Your VIN is Lower Than:
    2016 Legacy Yes G3011247
    2016 Legacy No G3006359
    2016 Outback Yes G3222455
    2016 Outback No G3210476

    Excluded from the Settlement Class are: (1) Subaru, any entity or division in which Subaru has a controlling interest, and its legal representatives, officers, directors, assigns, and successors; (2) the Judge to whom this case is assigned and the Judge’s staff; and (3) any persons who have suffered personal injuries as a result of the alleged windshield defect.

  • If you are not sure whether you are included, you can ask for free help. You can call the Settlement Administrator at 1-844-924-0854. You can also contact Class Counsel listed in FAQ 15.

  • Effective on the date of the Notice, Subaru is further extending the warranty for the Original Windshields in the Settlement Class Vehicles from the previous extension of 5 years/unlimited miles to 8 years/unlimited miles, with each Settlement Class Vehicle limited to one free windshield replacement of the Original Windshield.

    Additionally, if you paid to have your Original Windshield replaced due to the Condition, you may be eligible for reimbursement of out-of-pocket expenses you paid to an authorized Subaru retailer, an authorized Subaru repair facility, or a third-party aftermarket repair provider. Reimbursement is limited to necessary, documented out-of-pocket costs for replacement of an Original Windshield manifesting the Condition, including but not limited to costs associated with recalibration of Eyesight. In the case of a repair performed by a third-party aftermarket repair provider, any third-party repair must have occurred either: (a) after the prior warranty extension had expired but before the new warranty extension began, or (b) before the prior warranty extension expired provided that the Settlement Class Member presented his/her/its vehicle to and was denied coverage by an Authorized Subaru Retailer or an authorized Subaru repair facility. If you have been previously reimbursed by Subaru, a Subaru retailer, or your insurance provider for partial coverage of this repair, only the portion that you have paid out-of-pocket is eligible for reimbursement. You are not eligible to recover any repair costs previously reimbursed by any third party, including Subaru, Subaru Added Security, other extended warranty providers, an authorized Subaru retailer, or your insurance provider.

    It is important to take your vehicle to an authorized Subaru Retailer or repair facility for windshield repairs going forward. You may not recover the costs of repair charged by a third-party repair shop (i.e., a facility other than an Authorized Subaru Retailer or repair facility) for an otherwise valid reimbursement claim if the repair is conducted after February 7, 2021.

    Chip repairs are not eligible for reimbursement under the terms of this warranty extension. It is Subaru’s position that damage resulting in a chip (only) does not result from a manufacturing defect and consequently these are not eligible for coverage either under the original limited warranty or under the extended warranty described in the Notice.

  • The deadline to file a claim was April 23, 2021 and has passed.

  • Unless you exclude yourself from the Settlement, you give up the right to sue Subaru, or be part of any other lawsuit against Subaru, about the legal issues in this case. It also means that all of the decisions of the Court will bind you. The Settled Claims are described more fully in the Settlement Agreement which explains exactly the legal claims that you give up if you stay in the Settlement Class. You may obtain a copy of the Settlement Agreement by going to the Important Documents page, or contacting Class Counsel as set forth in FAQ 15 below.

  • The deadline to exclude yourself was May 14, 2021 and has passed.

  • No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class if you want to prosecute your own lawsuit.

  • No. You will not receive any benefits from the Reimbursement Program provisions of the Settlement if you exclude yourself.

  • The deadline to object to the Settlement was May 14, 2021 and has passed.

  • Objecting is simply telling the Court that you don’t like something about the Settlement but that you will remain a Settlement Class Member. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

  • Yes. The Court has appointed these lawyers as “Class Counsel,” meaning that they were appointed to represent all Settlement Class Members:

    Marc L. Godino
    Glancy Prongay & Murray LLP
    1925 Century Park East, Suite 2100
    Los Angeles, CA 90067
    (310) 201-9150

    Mark S. Greenstone
    Greenstone Law APC
    1925 Century Park East, Suite 2100
    Los Angeles, CA 90067
    (310) 201-9156

    You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court to approve attorneys’ fees and reimbursement of expenses not to exceed $515,000. The Court will determine the amount of fees and expenses to award. Class Counsel will also request that up to $20,000 in total be paid to the four Class Representatives ($5,000 each) who helped the lawyers on behalf of the Settlement Class.

  • The Court will hold a Fairness Hearing on June 11, 2021 at 10:00 a.m. Eastern before the Honorable Renee Marie Bumb. With the consent of the parties, the Court has converted the Final Approval Hearing from an in-person hearing to a Zoom hearing. The time and date are not affected by this change. Anyone wishing to attend the hearing may do so by visiting https://www.zoomgov.com/j/16155725268?pwd=RXBaTDhmbE1yUUt5UE0vLzUrMldjdz09 or by calling 1-646-828-7666 (New York) or 1-669-254-5252 (San Jose). The Meeting ID is 161 5572 5268. The Passcode is 945361.

    At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider whether to finally approve the Settlement. If there are any objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. The Court may also consider the amount of fees and expenses awarded to Class Counsel and whether to approve the Class Representative payments, which collectively will not exceed $535,000 in total. We do not know how long it will take for the Court to make its decision.

  • No. Class Counsel will answer any questions that the Court may have. But you are welcome to come at your own expense.

  • If you would like to speak at the hearing about your objections to the Settlement, you must add to your letter objecting to the Settlement a statement that you intend to appear at the fairness hearing. If you intend to appear at the fairness hearing through counsel, your objection must also state the identity of all attorneys representing you who will appear at the fairness hearing.

  • This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a complete copy of the Settlement Agreement and other information by contacting Class Counsel or by going to the Important Documents page. You may also contact the Settlement Administrator by going to the Contact Us page.

    If you currently have damage in the lower de-icer area of your windshield or a crack in the glass that passes through that area, please schedule an appointment with an authorized Subaru retailer (dealer) for a free visual inspection. The inspection will take approximately 15-20 minutes. If repair is required, it may be necessary to leave your vehicle for a longer period of time on the day of your scheduled appointment or to reschedule at a later date to allow your retailer flexibility in scheduling, ordering needed parts, or coordinating with a sub-contracted glass installation company.

    PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE CONCERNING THIS CASE.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Subaru Windshield Settlement
c/o JND Legal Administration
P.O. Box 91088
Seattle, WA 98111