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01/26/2012
Comments Off on Using Small Claims Court to Protect Yourself From Bad Class Action Settlements

Using Small Claims Court to Protect Yourself From Bad Class Action Settlements

Heather Peters, is trying to get other Honda owners to follow her example and sue Honda in small claims Court. Peters says she bought a Honda hybrid and was told it got 50 miles to the gallon. Peters claims the statements were lies and that the car got no more than 30 miles per gallon after the battery began deteriorating.

Honda was sued in a class action case and a propose class action settlement was reached that offered people $100 to $200 plus a $1000 voucher for a new Honda. Peter’s believes her losses are closer to $10,000 because of the higher cost of the hybrid that she never would have bought if she knew it did not get 50 miles to the gallon.

Under the rules for class actions a single person can file a lawsuit on behalf on thousands of other people who are “similarly situated”. These cases result in settlements that require a Court’s approval. However, individuals who believe they have more losses than the settlement allows for are permitted to opt out of the settlement. This is what Heather Peters did. Because her damages were still a relatively small amount she sued in small claims court. This eliminated Honda’s ability to crush her under the weight of lots of legal paperwork as they have been prone to do in other cases.

The law office of Ray Hodge and Associates, is currently local counsel on two class action anti trust cases. One involves price fixing in the packaged ice industry and the other involves the artificial manipulation of the price of dairy products.

If you believe you have been the victim of an illegal activity that has affected hundreds or thousands of people in Kansas, call us today for a free consultation at 316-269-1414.

Schmidt claimed there was no fraud and said “we’re being sued for telling the truth and she actually benefited from having the hybrid.”

Carnahan said he was taking the matter under submission and would have a ruling probably next week or at least before the Feb. 11 deadline for people to opt out of the class action case.

Outside court Peters said, “I feel great. I did my best. However he decides it I’m happy I did it. It’s brought to light a lot of background stuff that people should know.

“I’m the trailblazer here,” she said, “and everyone else can follow what I did.”


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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.