Leary v. McGowen Enterprises, Inc.

Leary v. MEI Class Action Settlement

Case Summary

This class action was filed against MEI by Plaintiffs Alison N. Leary and Timothy M. Leary alleging that MEI violated the Magnuson-Moss Warranty Act by including an illegal tying agreement in a written warranty provided to Plaintiffs and Class Members. At issue is MEI’s LifeTime Engine Guarantee, which is a limited warranty that covers a vehicle’s engine from mechanical failure or abnormal wear so long as the purchaser owns the vehicle, provided that the purchaser properly maintains the vehicle in accordance with the warranty’s terms. Among other things, the LifeTime Engine Guarantee directs Plaintiffs and Class Members to have the oil changed professionally in their vehicle every four months or 4,000 miles, whichever comes first, using only Castrol oil products. Plaintiffs allege that they and all Class Members paid more for oil changes than they should have paid because Castrol oil may be more expensive than comparable oil products and that they should be allowed to change the oil not only with Castrol oil products, but with similar oil products, without voiding the warranty.

If, between May 5, 2013 and January 8, 2017, you purchased a vehicle from Car Sense Inc. (now McGowen Enterprises, Inc. or “MEI”) and accepted the LifeTime Engine Guarantee, you may be eligible to receive a payment from MEI.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

SUBMIT A CLAIM FORM

DEADLINE: JULY 2, 2018

This is the only way to get a Settlement Payment.  You can electronically submit a claim form here and supporting documentation.  You can also print the Claim Form and then submit it by mail along with any supporting documentation.

EXCLUDE YOURSELF

DEADLINE: JULY 2, 2018

If you exclude yourself from the Settlement, you will not receive a Settlement Payment under the Settlement.  Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against MEI regarding the allegations in the Action ever again.

OBJECT

DEADLINE: JULY 2, 2018

You may write to the Court about why you object to (ie., don't like) the Settlement and think it shouldn't be approved. Filing an objection does not exclude you from the Settlement.

GO TO THE "FAIRNESS HEARING"

HEARING DATE: OCTOBER 2, 2018 

The Court will hold a "Fairness Hearing" to consider the Settlement and the request for attorneys' fees and costs of the lawyers who brought the Action. You may, but are not required to, speak at the Fairness Hearing about any objection you filed to the Settlement. If you intend to speak at the Fairness Hearing, you must also include as part of your objection a "Notice of Intention to Appear" to the Court and the parties' attorneys indicatingyour intent to do so.

DO NOTHING

You will not receive a Settlement Payment under the Settlement. You will also give up your right to object to the Settlement and you will not be able to be part of any other lawsuit about the legal claims in this case.