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Award (how much your claim may be worth): Varies, could be $1,000s if you paid for repairs deemed out of warranty due to mileage on the Subaru vehicle.
Class Action Lawsuit Settlement Case(s): PETER A. VASILAS, SCOTT DIAMOND, ROBERT KASINDORF, and PAUL THOMAS, JR. vs. SUBARU OF AMERICA, INC., SUBARU AUTO LEASING LTD., FUJI HEAVY INDUSTRIES, LTD. and SUBARU OF INDIANA AUTOMOTIVE, INC. Case No. 2007-CV- 2374 (GBD) in the UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
Company(ies): SUBARU OF AMERICA, INC. 
Website of the the Class Action Lawsuit Settlement Administrator (DOWNLOAD CLAIM FORM HERE):: http://topclassactions.com/goto.php?link=subaruodometer
Address of Class Action Lawsuit Settlement Administrator to submit a claim form (REQUIRED):
Subaru of America Customer Dealer Service- Odometer Settlement
Subaru Plaza
P.O. Box 6000
Cherry Hill, NJ 08034-6000
Phone Number to call for assistance: Customer Dealer Service 1-800-345-6448
Details: The Subaru odometer class action lawsuit settlement affects both owners and lessees of Subaru vehicles. If you purchased or leased in the continental United States of America and Hawaii a 2002-2007 Model Year Subaru vehicle, you are a member of a proposed Settlement Class for the Subaru odometer class action lawsuit and may be entitled to an extension of your vehicle’s warranties, an extension of your lease contract or a cash refund.submit.
Once the court approves the Subaru odometer class action lawsuit Subaru of America, Inc. will extend by 5% the mileage-based coverage periods of certain warranties, extend annual mileage allowed by vehicles leased from Subaru Auto Leasing, Ltd. by 5%, and reimburse certain repairs and excess mileage charges, as detailed below. All persons and entities who agree to accept these benefits will release Subaru of America, the other defendants and others from claims in connection with the odometers in the subject vehicles.
No action is necessary to participate in the Subaru odometer class action unless you are submitting a monetary claim. The Subaru odometer settlement terms are below:
A. Warranty Extension. Subaru of America will retroactively extend, by 5%, the mileage-based coverage periods of (a) original written warranties of Subaru of America that came with the Class Vehicles when initially sold or leased, (b) Subaru Added Security Agreements, applicable to Class Vehicles, that were purchased before the Effective Date of the Settlement and (c) original written warranties that are provided in connection with the purchase of a Subaru Certified Pre-Owned Class Vehicle. This mileage extension does not affect the warranties’ time limitations or other limitations and exclusions, and all warranties remain subject to all their other terms and conditions. These extended warranties will apply to your vehicle without any action on your part if the Court has finally approved the Settlement.
The extended warranties will also be transferable to the same extent that the original warranty is transferable. Remember, Subaru Certified Pre-Owned Class Vehicle warranties and Subaru Added Security Agreements are only transferable to subsequent private party purchasers.• For example: a 3 year/36,000 mile new vehicle limited warranty and a limited wear item warranty will be extended to 3 years/37,800 miles; a 5 year/60,000 mile powertrain limited warranty will be extended to 5 years/63,000 miles, and a 7 year/70,000 mile California emissions warranty will be extended to 7 years/73,500 miles. If you sell your vehicle, the purchaser will receive the same remaining warranties that you were entitled to receive, subject to limitations described above. All such extensions are subject to all terms and conditions of the original warranty.
B. Reimbursement for Repairs. If you have already paid for repairs during these extended mileage periods and those repairs would otherwise have been covered by warranty, you may be entitled to a refund of the repair cost. Settlement Class members can seek reimbursement for money spent on “Otherwise Warranted” repairs of Class Vehicles that occurred within a mileage level that is 5% higher than the mileage-based coverage period of the applicable warranty. For your basic 3 year/36,000 mile warranty, this means that the repairs must have been made when your odometer displayed between 36,001 and 37,800 miles. “Otherwise Warranted” means repairs or replacements (1) of component parts that were defective in material or workmanship under normal use as defined and covered by the original warranty, subject to all limitations and exclusions, (2) while the vehicle was still within the time-based limits of the warranty coverage period. It does not include routine maintenance (e.g., oil and filter changes/tire rotations, etc.) or repairs or replacements required because of customer abuse, modification or misuse, or repairs and replacements already paid for by the Companies.
To be reimbursed, Settlement Class members must submit to the Subaru of America Customer Dealer Service-Odometer Settlement at the address shown below a completed claim form and documentation (1) that the vehicle is a Class Vehicle, (2) reflecting the date of purchase and repair, the amount you paid and your vehicle’s mileage at the time of the repair and (3) that the repair was Otherwise Warranted. You must submit your claim within 180 days after the Effective Date of the Settlement.
C. Lease Extension. If you are currently leasing a Class Vehicle from Subaru Auto Leasing, Subaru Auto Leasing will increase the mileage limits of your lease by 5%. Your lease will be extended automatically. You do not need to file a claim to receive the extension.
• For example, if you have a three-year lease of a Class Vehicle that permits up to 36,000 miles of driving, the allowed mileage period will be increased to 37,800 miles. If you leased a Class Vehicle from a company other than Subaru Auto Leasing, Subaru Auto Leasing will reimburse you for excess mileage charges you pay to your leasing company in the future for the first 5% of your excess mileage, subject to any waivers or credits you may receive against an excess mileage charge. You must file a claim as described below in order to receive these benefits.
D. Reimbursement for Excess Mileage Charges. If you have already paid excess mileage charges on the lease of a Class Vehicle, you may be entitled to a refund.
If you leased your vehicle directly from Subaru Auto Leasing, you will receive your refund automatically if Subaru Auto Leasing has your current mailing address, if you believe you are entitled to a refund and have not received it within ninety (90) days after the proposed Settlement is approved at the Fairness Hearing, you should submit a claim to the Subaru of America Customer Dealer Service-Odometer Settlement for a refund of mileage charges. To submit a claim for mileage charges, you will need to provide proof of (1) the year and model of the Class Vehicle, (2) the vehicle identification number, (3) your lease of a Class Vehicle, (4) the amount of miles permitted by your lease, (5) the number of excess miles driven, (6) the charge per mile, (7) any waivers or credits you received against an excess mileage charge, and (8) the amount of mileage charges you paid.
If you leased your vehicle from a company other than Subaru Auto Leasing, Subaru of America has established a claims process by which you can request a refund for excess mileage charges you paid for “excess” miles up to 5% over the allowed mileage. You will need to provide the same proof as requested above in the prior paragraph.
• Here is how the excess mileage charge refund works. Assume you leased a Class Vehicle for three years and up to 36,000 miles. Your odometer registered 38,000 miles when you returned the vehicle. Your lease provided for a charge of 15 cents per mile for the 2,000 extra miles you drove. This would have cost you $300.00 (2,000 miles times 15 cents/mile). Because a 5% extension would entitle you to drive the vehicle for up to 37,800 miles, Subaru of America will refund you the $270.00 you paid for these miles (15 cents for each of the first 1,800 miles).
You cannot receive a refund of excess mileage charges you did not pay. If your leasing company has already reduced your charge for some reason, your refund will be reduced by the same amount. You cannot recover any excess mileage charges paid for miles beyond the 5% lease extension.
• Taking the example above (a three-year lease that permitted up to 36,000 miles), if your leasing company has already reduced the excess mileage charge to $150 for the 2,000 excess miles, your refund under the Settlement Agreement would also be reduced by $150.00. Instead of a $270.00 refund, you would receive $120.00. If your leasing company did not charge you any excess mileage charge, you will not receive any refund.
All claims for mileage charge reimbursement must be received by Subaru of America within 180 days after the Settlement’s Effective Date or sixty (60) days after your lease contract’s expiration, whichever is later. Head over to http://topclassactions.com/goto.php?link=subaruodometer and your claim now!
Purchased From: 2002 – 2007 Model Year Subaru Cars
Claims must be submitted online (if applicable) or postmarked by: 5/01/11 (ESTIMATED, check http://topclassactions.com/goto.php?link=subaruodometer for more information)
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Class Action Lawsuit Settlement Amount(s): $5,000,000 (ESTIMATE) = $3,120,000 to consumers (ESTIMATE) + $1,600,000 Attorney Fees and Expenses (ESTIMATE) + $10,000 for the Representative Plaintiff (X3) + $250,000 Settlement Administrator and Notification Costs (ESTIMATE)
Settlement Administrator(s): Unknown
Class Counsel:
Christoph C. HeisenbergHinckley & Heisenberg, LLP
Defense Counsel:
Jeffrey L. ChaseHerzfeld & Rubin, P.C.
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