A Court authorized the Notice because you have a right to know about a proposed settlement of a class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement.  The name of the lawsuit is Cohen, et al., v. Subaru of America, Inc., et al., Case No. 1:20-cv-08442-JHR-AMD (D.N.J.) (the “Action”). The defendants are Subaru of America, Inc. and Denso International America, Inc.  The Notice explains the lawsuit, the Settlement, and your legal rights.  You are NOT being sued.  The Court still has to decide whether to finally approve the Settlement.  Please be patient and check this website regularly.  Please do not contact the Court. All questions should be directed to the Settlement Administrator. 

The class action lawsuit claims that certain Subaru vehicles are equipped with Denso-manufactured low-pressure fuel pumps that may contain a defect. The lawsuit asserts that such defects may potentially cause those fuel pumps to malfunction or become inoperative and pursues claims for violations of various state consumer protection statutes, among other claims.  You can read the class action complaint on the Important Documents page. Subaru and Denso deny the claims and any right to relief, deny that they have violated any law, and deny that they engaged in any wrongdoing.  The parties agreed to resolve these matters before these issues were decided by the Court.

This settlement does not involve claims of personal injury, wrongful death, or actual physical property damage arising from the Covered Vehicles.
 

Certain 2018-2020 Subaru Impreza, Outback, Legacy, Forester, Ascent, BRZ, and WRX vehicles (“Recalled Vehicles”), and certain 2017-2020 Subaru Impreza, Outback, Legacy, Forester, Ascent, Crosstrek, BRZ, and WRX  vehicles (“Additional Vehicles”), equipped with certain Denso fuel pumps (together called the “Covered Vehicles”) which were owned or leased in the United States, the District of Columbia, Puerto Rico and all other United States territories and/or possessions, are included in the Settlement. 

In a class action, people called “Class Representative(s)” sue on behalf of other people who have similar claims.  All of these people together are the “Class” or “Class Members” if the Court approves this procedure.  Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to a settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks and cost of a trial, and the people affected (the Class Members) will receive benefits quickly. This settlement has been preliminarily approved by the Court, which authorized the issuance of the Notice.  The Class Representatives and the attorneys believe that the Settlement is in the best interests of all Class Members.

The essential terms of the Settlement are summarized in the Notice.  The Settlement Agreement along with all exhibits and addenda sets forth in greater detail the rights and obligations of the parties. If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs. The Settlement Agreement is available on the Important Documents page.

The Court has conditionally approved the following definition of “Class” or “Class Member” for purposes of the Settlement: All individuals or legal entities who, as of the Initial Notice Date, own or owned, purchase(d) or lease(d) Covered Vehicles in any of the fifty States, the District of Columbia, Puerto Rico, and all other United States territories and/or possessions. 

Excluded from the Class are: (a) Subaru, its officers, directors and employees; its affiliates and affiliates’ officers, directors and employees; its distributors and distributors’ officers, directors and employees; and Subaru Dealers and Subaru Dealers’ officers and directors; (b) Denso, its officers, directors and employees; its affiliates and affiliates’ officers, directors and employees; its distributors and distributors’ officers, directors and employees; (c) Plaintiffs’ Counsel; and (d) judicial officers and their immediate family members and associated court staff assigned to this case.  

In order to determine if you are a part of the Settlement, you can look up your vehicle’s VIN on the VIN Lookup page. You can also contact the Settlement Administrator or Class Counsel to determine whether your vehicle is eligible for the Extended Replacement Parts Limited Warranty or the Customer Support Program. If you have questions about the duration or terms of your vehicle's warranty coverage, you may contact your local Subaru dealer. You can also contact the Settlement Administrator to determine whether your vehicle is eligible for the Out-of-Pocket Claims Process. The contact information for the Settlement Administrator and Class Counsel is provided in FAQ 7 and FAQ 14.
 

If you are still not sure whether you are included in the Class, you can get more information by calling the Settlement Administrator at 1-844-552-0070 or entering your VIN on the VIN Lookup page to determine if your vehicle is a Covered Vehicle.  

If you believe that you are a Class Member, but you did not previously receive a Direct Mail Notice, you may contact the Settlement Administrator or Class Counsel. You will need to provide necessary documentation for the Settlement Administrator to confirm that you are a Class Member eligible for the relief provided in the Settlement Agreement.

Please do not contact the Court. All questions should be directed to the Settlement Administrator at the number above.  

If you are a Class Member, what you are eligible to receive depends on several factors. The settlement benefits are outlined generally below, and more information can be found in the FAQs on this page and in the documents on the Important Documents page. The Court still must decide whether to finally approve the Settlement. Although no benefits are required to be provided until and unless the Court finally approves the Settlement and, even then, only after any appeal period expires or any appeals are resolved in favor of the Settlement, Defendants, will nonetheless implement the Customer Support Program and the Extended Replacement Parts Limited Warranty on September 24, 2024, in advance of the occurrence of the Final Effective Date. Class Members can also submit a Claim within the Claim Submission Period, which will run from September 24, 2024 until 90 days after the Court issues the Final Order and Judgment, to be reimbursed for previously paid out-of-pocket expenses incurred to repair or replace a Fuel Pump of Covered Vehicles, including related rental vehicles or towing as specified in the Settlement Agreement, that were not otherwise reimbursed and that were incurred before the expiration of the time to appeal from the Final Judgment approving the Settlement. If the Settlement is finally approved, including resolving any appeals in favor of upholding the Settlement, those Claims will be reviewed by the Settlement Administrator. Please check this website regularly for updates regarding the Settlement.

Please note that you may have to take action within certain deadlines to receive certain benefits, such as completing and submitting a claim form with supporting documentation and declaration(s) for reimbursement of eligible out-of-pocket expenses. If you do nothing, you may not receive certain benefits from the Settlement. Please check this website regularly for updates regarding the Settlement and deadlines.

To determine whether your vehicle is a Recalled Vehicle or an Additional Vehicle, please enter your VIN on the VIN Lookup page.

a. Recalled Vehicles: Extended Replacement Parts Limited Warranty

If the Settlement is finally approved, including resolving any appeals in favor of upholding the Settlement, the Extended Replacement Parts Limited Warranty will be implemented for Class Members who still own or lease their Recalled Vehicles. As indicated above, however, Defendants have decided to nonetheless implement the Extended Replacement Parts Limited Warranty on September 24, 2024, in advance of the occurrence of the Final Effective Date, pending the Court’s consideration and decision on final approval of the Settlement. 

Subaru shall extend the Replacement Parts Limited Warranty coverage for the fuel pump replaced (“replacement fuel pump assembly”) on the Recalled Vehicles pursuant to Recalls 20V-218 and 21V-587. The extended warranty will last for 15 years, measured from the date of replacement of the fuel pump, and up to 150,000 miles, whichever comes first. A Class Member’s rights under the Extended Replacement Parts Limited Warranty are transferred with the Recalled Vehicle.

Without cost to and upon request from Class Members who own or lease Recalled Vehicles whose fuel pumps are being replaced pursuant to the Extended Replacement Parts Limited Warranty, Class Members shall be provided with a loaner or rental vehicle by Subaru Dealers upon reasonable notice. Class Members may keep the Loaner Vehicle for up to 24 hours after dropping off the Recalled Vehicle for repair, or 24 hours after being informed by a Subaru Dealer that the Recalled Vehicle is repaired, whichever is later. In appropriate circumstances, where the Class Member has a demonstrated need for a Loaner Vehicle similar to the Recalled Vehicle, Subaru Dealers will use good faith efforts to satisfy the request.  If the Recalled Vehicle is inoperable or is exhibiting a dangerous condition, Class Members are entitled to a complimentary tow to the nearest Subaru Dealer upon reasonable notice.  All other terms and exclusions of the New Vehicle Limited Warranty shall continue to apply unless expressly altered by this settlement.

b. Additional Vehicles: Customer Support Program

If the Settlement is finally approved, including resolving any appeals in favor of upholding the Settlement, the Customer Support Program in the form of an Extended New Vehicle Limited Warranty will be implemented for Class Members who still own or lease their Additional Vehicles. As indicated above, however, Defendants have decided to nonetheless implement the Customer Support Program in the form of an Extended New Vehicle Limited Warranty on September 24, 2024, in advance of the occurrence of the Final Effective Date, pending the Court’s consideration and decision on final approval of the Settlement. 

Subaru will offer the Customer Support Program (“CSP”) to all Class Members who, as of the Final Effective Date of the Settlement, own or lease Additional Vehicles.  A Class Member’s rights under the CSP are transferred with the Additional Vehicle. Salvaged Vehicles, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.  The CSP will provide prospective coverage for repairs (including parts and labor) needed to correct defects, if any, in materials or workmanship in the Fuel Pumps for the Additional Vehicles. Coverage under the CSP for the original parts will continue for 15 years, measured from the vehicle’s In-Service Date, which is the date the Additional Vehicle was first delivered to either the original purchaser or the original lessee, or first placed in service as a “demonstrator” or “company” car.      

Without cost to and upon request from Class Members who own or lease Additional Vehicles whose fuel pumps are being replaced pursuant to the CSP, Class Members shall be provided with a loaner or rental vehicle by Subaru Dealers upon reasonable notice. Class Members may keep the Loaner Vehicle for up to 24 hours after dropping off the Additional Vehicle for repair, or 24 hours after being informed by a Subaru Dealer that the Additional Vehicle is repaired, whichever is later. In appropriate circumstances, where the Class Member has a demonstrated need for a Loaner Vehicle similar to the Additional Vehicle, Subaru Dealers will use good faith efforts to satisfy the request.  If the Additional Vehicle is inoperable or is exhibiting a dangerous condition, Class Members are entitled to a complimentary tow to the nearest Subaru Dealer upon reasonable notice. 

All other terms and exclusions of the New Vehicle Limited Warranty shall continue to apply unless expressly altered by this settlement. In the event that any of the Additional Vehicles becomes the subject of a future or expanded recall for the same or similar impeller issues, those Additional Vehicles will then be entitled and only be entitled to the same relief provided to Recalled Vehicles, as specified in the Settlement Agreement.

c. Out-of-Pocket Claims Process

If the Settlement is finally approved, including resolving any appeals in favor of upholding the Settlement, Class Members can submit a claim within the Claim Submission Period, to be reimbursed for previously paid out-of-pocket expenses incurred to repair or replace a Fuel Pump of Covered Vehicles, including related rental vehicles or towing as specified in the Settlement Agreement, that were not otherwise reimbursed and that were incurred before the expiration of the time to appeal from the Final Judgment approving the Settlement. For out-of-pocket expenses that were incurred after September 24, 2024, the Class Member must also provide proof that they were denied coverage by a Subaru Dealer prior to incurring the expense. The Claim Submission Period will run from September 24, 2024 until 90 days after the Court issues the Final Order and Judgment.

In order to submit a claim, Class Members must: (a) complete and timely submit a Claim Form, with the required Supporting Documentation, to the Settlement Administrator within the Claim Submission Period; (b) have Claims that are eligible for reimbursement; and (c) not opt out of the Settlement.  The Claim Form will be available to file online by clicking File a Claim and on the Important Documents page if you prefer to submit a paper form by mail. Class Members can submit only one Claim Form per Covered Vehicle.

Claims must be submitted with all of the following Supporting Documentation: (1) a repair invoice or record for out-of-pocket expenses incurred to repair or replace a Fuel Pump of a Covered Vehicle, and/or associated towing or rental car expense, which identifies the name of the Class Member, the Covered Vehicle, the Subaru Dealer or other facility that performed the qualifying repair and/or associated towing or rental car expense, and the date of and amount charged for the qualifying repair and/or associated towing or rental car expense; and (2) to the extent not included in the record in subsection (1) above, record(s), receipt(s) and/or invoice(s) demonstrating that the Class Member paid for the qualifying repair and/or associated towing or rental car expense.

Class Members who provide Supporting Documentation and who made repair or replacement of a Fuel Pump on a Covered Vehicle may be reimbursed for: (i) rental vehicles; (ii) towing; and (iii) any unreimbursed repairs or part replacements. Out-of-pocket expenses that are the result of damage, collision, and/or misuse/abuse will not be eligible for reimbursement. Vehicles where the title, prior to the date of the qualifying Fuel Pump repair, was transferred to a salvage yard, junkyard, wreckage facility, or similar entity, inoperable vehicles, and vehicles with titles marked flood-damaged are not eligible for this benefit.

To be eligible for reimbursement, you must submit a timely Claim Form with Supporting Documentation and declaration(s), and the expenses must have been incurred prior to the expiration of the time to appeal from the Final Judgement approving the Settlement. The deadline to submit Claim Forms with Supporting Documentation and declaration(s) is ninety (90) days after the Court issues the Final Order and Final Judgment, which is March 10, 2025.

The Settlement Administrator will determine whether Claims are complete and timely. If your Claim is deficient, the Settlement Administrator will mail you a letter requesting that you complete and/or correct the deficiencies and resubmit the Claim within sixty (60) days. If you fail to provide the requested documentation or information, your Claim will be denied.

The Settlement Administrator will review your Claim and other Claims that are submitted and determine if reimbursement is owed. Review of Claims should be completed within sixty (60) days of receipt, but this review period is not required to begin any earlier than sixty (60) days after the Final Effective Date.

If the Claim is rejected for payment, in whole or in part, the Settlement Administrator shall notify Class Counsel, Subaru’s Counsel, and Denso’s Counsel of said rejection of Class Member’s Claim and the reason(s) why within sixty (60) days of the rejection.  The decision of the Settlement Administrator shall be final; provided, however, that Class Counsel, Subaru’s Counsel, and Denso’s Counsel may meet and confer to resolve any denied Claims.  If Class Counsel, Subaru’s Counsel, and Denso’s Counsel jointly recommend payment of the rejected Claims or payment of a reduced claim amount, then Subaru’s Counsel and/or Denso’s Counsel shall inform the Settlement Administrator, who shall then pay said Claims.  If Class Counsel, Subaru’s Counsel, and Denso’s Counsel disagree with the Settlement Administrator’s initial determination, they shall so notify the Settlement Administrator, with explanation, and the Settlement Administrator shall make a final determination as to whether the Claim shall be paid.  If a Claim is rejected in full or in part, the Settlement Administrator shall mail a notice of rejection letter to the Class Member and email notice to the Class member if an e-mail address was provided.

d. Reconsideration Procedure for Denial of Coverage

If a Class Member and/or subsequent purchaser/lessee of a Covered Vehicle is denied coverage for repairs (including parts and labor), if any, in materials or workmanship in the Fuel Pumps under the Customer Support Program, or for a repair and/or replacement fuel pump assembly under the Extended Replacement Parts Limited Warranty, the Class Member and/or subsequent purchaser/lessee may take the Covered Vehicle to a second Subaru Dealer for an independent determination.  If the second Subaru Dealer determines that the Covered Vehicle qualifies for repair under the Customer Support Program or the Extended Replacement Parts Limited Warranty, the Class Member shall be provided those benefits as provided in the Settlement Agreement.

e. Technical Training

Subaru will make Technical Training videos available to Subaru Dealers, to be required to be viewed by technicians before they conduct repairs of the Fuel Pumps pursuant to the Customer Support Program or the Extended Replacement Parts Limited Warranty.

In the event there remains a dispute by an individual or entity relating to entitlement to any benefit under the Out-of-Pocket Claims Process that is not resolved after exhausting all other means of resolution available under the Settlement, the Settlement Administrator shall provide a written notice of same, together with all necessary documentation, to Class Counsel, Subaru’s Counsel and Denso’s Counsel within thirty (30) days of the final act constituting the denial of the benefit. Class Counsel, Subaru’s Counsel, and Denso’s Counsel shall confer and either make a joint recommendation to the Settlement Administrator or separately relay their positions concerning the dispute to the Settlement Administrator within thirty (30) days. The Settlement Administrator shall make a final determination concerning the dispute and provide written notice of same, with directions for implementation, to the Parties within thirty (30) days; provided, however, that if the determination was to allow, in full or in part, a previously denied Claim, the Settlement Administrator shall make reasonable efforts to pay the Claim in the next distribution of checks for allowed Claims. 

Unless you exclude yourself by taking the steps described in FAQ 13, you will remain in the Class, and that means that you will be bound by the release of claims and cannot sue, continue to sue, or be part of any other lawsuit about the same matters, claims, and legal issues that were or could have been asserted in this case and the Released Claims set forth in the Settlement Agreement; provided, however, the Settlement will not be releasing any claims for personal injury, wrongful death or physical property damage (except to the Fuel Pump in the Covered Vehicle itself) from the Covered Vehicle. It also means that all of the Court’s orders and judgments will apply to you and legally bind you.  The specific claims and parties you will be releasing are set forth in Section VII of the Settlement Agreement, a copy of which is available for review on the Important Documents page.

You can talk to one of the lawyers listed in FAQ 14 below for free or you can, of course, talk to your own lawyer at your own expense if you have questions about the released claims or what they mean.  

No, if you exclude yourself, you do not get settlement benefits and you will not be bound by anything that happens in this lawsuit.  If you ask to be excluded, you cannot object to the Settlement and you should not submit a Claim Form.    

No, not for the same matters and legal claims that were or could have been asserted in the Action or Released Claims, unless your claim is for personal injury, wrongful death or property damage (other than damage to the Fuel Pump in the Covered Vehicle itself). 

The deadline to exclude yourself from the Settlement passed on October 29, 2024. If you excluded yourself, you won't receive any benefits from the Settlement. 

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Class Counsel.” Their contact information is as follows: 

W. Daniel “Dee” Miles III
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
218 Commerce Street
Montgomery, Alabama 36104
Tel.: (800) 898-2034
E-mail: Dee.Miles@BeasleyAllen.com

Chris A. Seeger
Seeger Weiss LLP
55 Challenger Road
Ridgefield Park, New Jersey 07660
Tel: (973) 639-9100
E-mail: cseeger@seegerweiss.com

James E. Cecchi
Carella, Byrne, Cecchi, Brody & Agnello, P.C.
5 Becker Farm Road
Roseland, New Jersey 07068
Telephone: (973) 994-1700
Email: jcecchi@carellabyrne.com

The law firms that worked on this Action will file an application with the Court requesting an award of reasonable Attorneys’ fees, costs, and expenses (“Fees and Expenses”), separate and apart from any relief provided to the Class, in the collective combined total sum of $15,500,000. Class Counsel have agreed not to accept any Fees and Expenses in excess of that combined total sum.  Plaintiffs’ request for Fees and Expenses will be subject to the Court’s approval at the Final Approval Hearing, where any Class Member who submits a proper objection will have an opportunity to comment on the propriety of these requests.

Class Counsel will also ask the Court for service awards to each of the Class Representatives, in the amount of either $2,500 or $3,750 each.

The Court must approve the request for Attorneys’ Fees, Costs, and Expenses and the request for Class Representative service awards.  Class Counsel will file the motion for Attorneys’ Fees, Costs, and Expenses and the request for Class Representative service awards with the Court, which will then be posted on the Important Documents page. Any award for Attorneys’ Fees, Costs and Expenses, and any service awards to Class Representatives, will be paid separately by Defendants and will not reduce any benefits available to Class Members under the Settlement. You won’t have to pay these Fees and Expenses.

The deadline to object to the Settlement passed on October 29, 2024. 

Objecting is telling the Court that you do not like something about the Settlement, the requested fees, costs and expenses, and/or Class Representative service awards. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.  

The Court held a Fairness Hearing on December 9, 2024. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate, and whether to approve the request for attorneys’ fees, costs and expenses, and the request for Class Representative service awards. If there were objections, the Court considered them. On December 10, 2024, the Court decided to grant final approval of the Settlement, awarded attorney's fees and costs to the lawyers representing Class Members, and awarded Service Awards to the Class Representatives. 

No. Class Counsel will answer any questions the Court may have. But you may come at your own expense. If you send an objection, you do not have to come to Court to talk about it. You may also pay your own lawyer to attend. Your objection will be considered by the Court whether you or your lawyer attend or not. 

You or your attorney may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear in Cohen, et al. v. Subaru of America, Inc., et al.,” to the Clerk of Court so that it is received and filed no later than October 29, 2024. You must include your name, address, telephone number, the year, make and model and VIN number of your vehicle, the identity of all counsel representing the objector, if any, who will appear at the Fairness Hearing, and your signature. Anyone who has requested permission to speak must be present at the start of the Fairness hearing. The Court will hold a Fairness Hearing on December 9, 2024 at 3:00 p.m. ET, Courtroom 5A, becore Judge Christine P. O'Hearn. You cannot speak at the hearing if you excluded yourself from the Class.

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other documents on the Important Documents page. You can also call the toll-free number, 844-552-0070 or write the Settlement Administrator at Subaru Fuel Pumps Settlement, c/o JND Legal Administration, PO Box 91497, Seattle, WA 98111.  

The Settlement will not be final unless and until the Court grants final approval of the Settlement at or after the Fairness Hearing and after any appeals are resolved in favor of the Settlement. Please be patient and check this website regularly. Please do not contact the Court. All questions should be directed to the Settlement Administrator.