Frequently Asked Questions
- What is this lawsuit about?
- Why did I get this notice package in the mail?
- I saw this advertisement in the newspaper/a magazine/ on the internet, what is this Dex-Cool settlement all about?
- Why is this a class action?
- What Court is overseeing this settlement?
- What benefits does the settlement provide?
- How do I know if I am a member of this settlement Class and am qualified to get the settlement benefits?
- What do the repairs in the settlement involve?
- What vehicles are included in the settlement and what repairs are covered?
- Who is included in the settlement Class?
- How do I participate in the settlement?
- How do I file a claim?
- What is the deadline to file a claim?
- When will I get my payment?
- I'm moving and want you to change my address.
- I am filing the claim on behalf of someone else, what do I need to do?
- I received more than one Claim Statement. Do I need to return all forms?
- How do I comment in support of, or in opposition to, the settlement?
- How do I get out of the settlement?
- What’s the difference between objecting to the settlement, and excluding myself from the settlement?
- When and where will the Court decide the fairness of the settlement?
- Can I attend the fairness hearing? When will the fairness hearing be held?
- I need a lawyer to explain this to me. Do I need to speak to or hire an attorney?
- How will the lawyers be paid in this litigation?
- Do I have to go to court?
- May I speak at the hearing?
- When and where is the Fairness Hearing?
- How do I obtain further information?
- What sort of documentation do I need to provide in order to prove that I paid for the repair?
This settlement involves GM vehicles that were factory-equipped with Dex-Cool. Dex-Cool is an engine coolant designed to protect vehicles’ engine and cooling systems. A number of lawsuits were filed as class actions against GM in state and federal courts across the United States involving “Dex Cool.” Among other things, the lawsuits allege that (i) Dex-Cool in the vehicles caused problems with the vehicles’ engines or cooling systems, and (ii) that certain engine components, such as the nylon/silicone lower intake manifold gaskets equipped in certain vehicles, were defective.
Why did I get this notice package in the mail?
YOU ARE NOT BEING SUED. The “Notice” you received refers to a settlement of a class action lawsuit against General Motors. You received the Notice because you may be a member of the class and you, or a member of your family, purchased one of the vehicles covered by this settlement and may have paid for one of the covered repairs to that vehicle.
The Notice was provided to you so that you could decide if you wanted to be included as part of the settlement and receive benefits under the settlement, if you wanted to opt-out (exclude yourself) from the settlement class or if you wanted to comment about the settlement.
The Notice package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.
There is a class action settlement involving the GM vehicles listed in the Notice. These vehicles were factory-equipped with Dex-Cool. Dex-Cool is an engine coolant designed to protect vehicles’ engine and cooling systems.
You are included in this settlement if you own or lease or previously owned or leased any of the specified vehicles and made repairs related to the use of Dex-Cool.
Repairs involving intake manifold gasket failures, engine coolant sealing issues, and sludge (a rust-like material) are covered by this settlement. These repairs would likely involve parts like the intake manifold and/or manifold gaskets, throttle body gaskets, radiator cap, heater core, water pump and other parts of the cooling system.
The Court in charge of this case has given final approval to the settlement. Valid claims will be paid.
In a class action, one or more people, called a class representative, in this case Plaintiff Michael Gutzler, sue on behalf of people who have similar claims. All these people, together, constitute a plaintiff class. This is a class action because one court resolves all class-wide issues for all people who meet the class definition, except for those who exclude themselves from the class.
What Court is overseeing this settlement?
The settlement captioned, Gutzler v. General Motors Corp. (Case No. 03CV208786) is being reviewed in the Circuit Court of Jackson County, Missouri.
The Court granted preliminary approval on March 28, 2008. You can view more details in the Preliminary Approval Order.
What benefits does the settlement provide?
Under the settlement, GM will send cash reimbursements to Class Members who paid for Covered Repairs performed within seven years or 150,000 miles (whichever is earlier) after the original owner or lessee took delivery of the vehicle, and who submitted timely and valid claims.
The amount of reimbursement for which you are eligible depends on (i) when the Covered Repair was performed and (ii) the amount you actually paid, as described below:
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For a Covered Repair made within five years after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $400, if you were not previously fully reimbursed.
However, if you can document that the Covered Repair required you to pay over $1,500 to address an internal coolant leak, your reimbursement level may be different. If so, you can elect to request reimbursement of 40% of the amount you paid out-of-pocket up to $800, if you were not previously fully reimbursed.
(An internal coolant leak means that coolant leaked from one vehicle component into another component. Whereas an external coolant leak means that coolant leaked from inside a vehicle component to the exterior of the vehicle.) -
For a Covered Repair made in the sixth year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $100, if you were not previously fully reimbursed. - For a Covered Repair made in the seventh year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $50, if you were not previously fully reimbursed.
You are included in the class: (i) if you are a United States resident, (ii) if you own or lease, or previously owned or leased, any of the vehicles listed below, for personal, family, or household use (as opposed to commercial or business use), and (iii) if the vehicle was purchased or leased in the State of Missouri, and:
- The vehicle has been in service for over seven years since the date the original buyer or lessee took delivery of the vehicle, and
- As of the date of the Notice (May 30, 2008), you have not had to pay for any Covered Repair that was performed during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle;
OR - Regardless of how long the vehicle has been in service, you paid out-of-pocket for a Covered Repair that was performed on or before May 30, 2008, and during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle.
What do the repairs in the settlement involve?
Repairs involving intake manifold gasket failures, engine coolant sealing issues, and sludge (a rust-like material) are covered by this settlement. These repairs would likely involve parts like the intake manifold and/or manifold gaskets, throttle body gaskets, radiator cap, heater core, water pump and other parts of the cooling system. See below for a complete description of the specific types of repairs covered for each vehicle type.
What vehicles are included in the settlement and what repairs are covered?
| GROUP A VEHICLES Model years 1995-2003 Equipped with 3.1-liter or 3.4-liter V6 engine, manufactured before April 10, 2003 with a nylon/silicone lower intake manifold gasket. |
|
| Buick | Century, Rendezvous, Regal, Skylark |
| Chevrolet | Impala, Lumina, Malibu, Monte Carlo, Venture, Corsica, Beretta, Lumina APV |
| Oldsmobile | Alero, Cutlass (Supreme and Ciera), Silhouette | Pontiac | Aztek, Grand Am, Grand Prix, Montana, Trans Sport |
Note: Some of these vehicles may have been offered for sale with an engine other than a 3.1-liter or 3.4 -liter V6 engine. Any of the above models sold with an engine other than a 3.1-liter or 3.4 -liter V6 engine are not included and were not eligible to make a claim.
Group A Covered Repairs: Replacement of failed nylon/silicone lower intake manifold gasket.
| GROUP B VEHICLES Model years 1995-2004 Equipped with 3.8-liter V6 engine (internal GM engine designation RPO L36). | |
| Buick | LeSabre, Park Avenue, Regal, Riviera |
| Chevrolet | Camaro, Impala, Lumina, Monte Carlo |
| Oldsmobile | Eighty-Eight, Intrigue, LSS, Ninety-Eight |
| Pontiac | Bonneville, Firebird, Grand Prix |
Note: Some of these vehicles may have been offered for sale with an engine other than a 3.8-liter V6 engine RPO L36. Any of the above models sold with an engine other than a 3.8-liter V6 engine RPO L36 are not included and were not eligible to make a claim.
Group B Covered Repairs: Repairs necessitated by engine coolant sealing issues, including replacement of throttle body gasket, upper intake manifold gasket, lower intake manifold gasket, or intake manifold.
| GROUP C VEHICLES Model years 1995-2000 Equipped with 4.3-liter V6 engine | |
| Chevrolet | Blazer, Chevrolet S-10 |
| GMC | Envoy, Jimmy, S-15 |
| Oldsmobile | Bravada |
Group C Covered Repairs: Repairs necessitated by cooling-system sludge, including cooling-system flush, heater core repairs, water pump repairs, or radiator cap replacement. “Sludge” refers to a rust-like material that can form in the cooling system and whose formation is related to use of Dex-Cool.
If you own one of the models listed above, but (i) with a different engine size than what is listed, or (ii) the vehicle was manufactured using a lower intake manifold gasket other than a nylon/silicone gasket, or (iii) the vehicle is a Group A vehicle manufactured after April 9, 2003, then you are not covered by the settlement and were not eligible to file a claim.
Who is included in the settlement Class?
You are included in the class: (i) if you are a United States resident, (ii) if you own or lease, or previously owned or leased, any of the vehicles listed above, for personal, family, or household use (as opposed to commercial or business use), and (iii) if the vehicle was purchased or leased in the State of Missouri, and:
- The vehicle has been in service for over seven years since the date the original buyer or lessee took delivery of the vehicle, and
- As of the date of the Notice (May 30, 2008), you have not had to pay for any Covered Repair that was performed during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle;
OR - Regardless of how long the vehicle has been in service, you paid out-of-pocket for a Covered Repair that was performed on or before May 30, 2008, and during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle.
How do I participate in the settlement?
If you are an eligible Class Member, to participate in the settlement you must have submitted a claim postmarked or submitted online by October 27, 2008. For more details, please consult the Notice.
To make a claim for a reimbursement under the settlement, you must have submitted a completed Claim Statement, proof of repair payment and proof of ownership or lease by October 27, 2008 either online or by mail. If you did not submit these documents, and fully complete the Claim Statement, your claim may be denied.
What is the deadline to file a claim?
The postmark deadline to file a claim, online submission deadline to file a claim, and deadline to submit documentation was October 27, 2008.
On September 5, 2008, the Court held a fairness hearing and approved the settlement. Under the terms of the settlement, the money will not be distributed until there is no possibility of appeal. If there are no appeals, your share of the settlement fund will be distributed. If there is an appeal by a class member, the payment process may be delayed.
I'm moving and want you to change my address.
If your address changes after you have submitted your claim form you must notify the Claims Administrator of your new address in writing.
I am filing the claim on behalf of someone else, what do I need to do?
The postmark deadline to file a claim, online submission deadline to file a claim, and deadline to submit documentation was October 27, 2008.
I received more than one Claim Statement. Do I need to return all forms?
If you wanted to make reimbursement claims for two or more Covered Repairs, you must have submitted a separate set of documents (Claim Statement, proof of repair payment, and proof of ownership or lease) for each claim. You were not allowed to combine claims for more than one Covered Repair in a single Claim Statement.
How do I comment in support of, or in opposition to, the settlement?
The deadline to object or comment on the settlement was August 13, 2008.
How do I get out of the settlement?
The deadline to request exclusion from the settlement was August 13, 2008.
Objecting is simply telling the Court that you don’t like something in the settlement and do not think it should be approved. You can only object if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you cannot object because the case no longer affects you.
When and where will the Court decide the fairness of the settlement?
On September 5, 2008, a hearing was held before the Honorable Michael Manners, in Division 2 of the Jackson County Circuit Court at Independence, 308 West Kansas, Independence, Missouri 64050. At the hearing, the Court granted final approval of the Settlement and approved the amount of attorneys’ fees and expenses and incentive awards to class representatives.
Can I attend the fairness hearing? When will the fairness hearing be held?
The fairness hearing was held on September 5, 2008 before the Honorable Michael Manners, in Division 2 of the Jackson County Circuit Court at Independence, 308 West Kansas, Independence, Missouri 64050. At the hearing, the Court granted final approval of the Settlement.
I need a lawyer to explain this to me. Do I need to speak to or hire an attorney?
You may hire an attorney at your own expense or contact one of the Plaintiffs’ attorneys, who filed the lawsuit, and are representing all of the class members at no out-of-pocket cost. The Plaintiffs’ attorneys are available to answer any questions you may have. They do not work for the Defendants. The Court ordered that the class members be represented by :
P. John Brady
Shughart Thomson & Kilroy P.C.
Twelve Wyandotte Plaza
120 West 12th Street
Suite 1700
Kansas City, Missouri 64105
How will the lawyers be paid in this litigation?
Since this litigation started in 2003, over 20 law firms have devoted more than 43,000 hours to prosecuting various lawsuits across the country on behalf of class members purely on a contingent basis, and have received no compensation for their services or reimbursement of their expenses. As part of the Settlement, the Court approved plaintiffs’ counsel's application for attorneys’ fees not to exceed $7.5 million and expenses not to exceed $1.25 million.
Application was made and approved for incentive awards not to exceed a total amount of $60,000 for the named plaintiffs in the lawsuit. There are three named plaintiffs in the lawsuit. This is to recognize their initiative and effort in pursuing the matter on behalf of other vehicle owners and lessees. Any amounts approved by the Court will be paid by GM separately from and without reducing the reimbursement payments it makes to class members under the Settlement.
No. Whether you wanted to participate in the settlement, objected to the settlement or requested to be excluded from the settlement, you did not have to go to court. However, you could have chosen to go to court.
The fairness hearing was held on September 5, 2008 before the Honorable Michael Manners, in Division 2 of the Jackson County Circuit Court at Independence, 308 West Kansas, Independence, Missouri 64050. At the hearing, the Court granted final approval of the Settlement.
When and where is the Fairness Hearing?
On September 5, 2008, a hearing was held before the Honorable Michael Manners, in Division 2 of the Jackson County Circuit Court at Independence, 308 West Kansas, Independence, Missouri 64050. At the hearing, the Court granted final approval of the Settlement and approved the amount of attorneys’ fees and expenses and incentive awards to class representatives.
How do I obtain further information?
You can get more information by calling the Claims Administrator toll-free at 1 (866) 245-4291; sending an e-mail to info@dexcoolsettlement.com; or by sending a written inquiry to Co-Lead Counsel at the address above. In addition, you can view the Court’s docket at www.16thcircuit.org and inputting case number 03CV208786. Otherwise, please do not direct any inquiries to the Court.
What sort of documentation do I need to provide in order to prove that I paid for the repair?
You must have provided documentation that the repair was performed and that you paid the repair cost you specified. The deadline to submit documentation was October 27, 2008.