Simon Majdipour et al. v. Jaguar Land Rover North America, LLC.

Case No.: 2:12-cv-7849-MCA-LDW

United States District Court for the District of New Jersey

Frequently Asked Questions

  1. Basic Information

  2. Why did I get the class notice?

    You may have purchased or leased one of the vehicles involved in this lawsuit. The Court has ordered that the class notice be mailed to you because you have a right to know about a Settlement of a class action lawsuit known as Majdipour, et al. v. Jaguar Land Rover North America, LLC, No. 2:12-cv-07849 (D.N.J.) (“Lawsuit”), and about your options. Jaguar Land Rover North America, LLC (“JLRNA”) will provide certain benefits agreed to in the Settlement. The class notice explains the lawsuit, the Settlement, your legal rights, the benefits available, who is eligible for them, and how to get them.

    The Court in charge of the Lawsuit is the U.S. District Court for the District of New Jersey (the “Court”). The people who sued are called the Plaintiffs, and the company they sued, JLRNA, is called the Defendant.

  3. What is this lawsuit about?

    The lawsuit claims that Model Year 2003, 2004, 2005, and 2006 Land Rover Range Rover vehicles were sold or leased to consumers with a defect in the front air springs in the electronic air suspension. Plaintiffs claim that, as a result of the alleged defect, the front air springs can crack or fail, causing a loss of air pressure in the suspension system. Plaintiffs allege that, to correct the purported defect, owners or lessees of the vehicles incurred costs to replace the front air springs. JLRNA denied the existence of the alleged defect and denied Plaintiffs’ claims.

  4. Why is this a class action?

    In a class action, one or more people called Class Representatives sue on behalf of people who have similar claims. The Court has decided that, for the purposes of the Settlement only, all these people together are the “Class” or “Class Members”. Then, the Court resolved the issues for all Class Members, except for those who asked to be excluded from the Class.

  5. Why is there a settlement?

    Both sides in the Lawsuit agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get benefits, in exchange for releasing JLRNA, its parents, and its affiliates from liability. The Settlement does not mean that the Defendant broke any laws and/or did anything wrong, and the Court did not decide which side was right. This Settlement was preliminarily approved by the Court, which authorized the issuance of the class notice. Later, the Court granted final approval of the Settlement after conducting another hearing. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all Class Members.

    The class notice summarizes the terms of the Settlement. The Settlement Agreement (along with all the exhibits to the Settlement Agreement) sets forth in greater detail the rights and obligations of the parties. If there is any conflict between the class notice and the Settlement Agreement, the Settlement Agreement governs. You can review the Settlement Agreement here: www.MajdipourSettlement.com.


  6. Who is in the Settlement

  7. How do I know if I am part of the Settlement?

    The Court has decided that the Class will include all current and former owners and lessees of Model Year 2003 through Model Year 2006 Land Rover Range Rover vehicles (“Class Vehicles”) who were the registered owners or lessees of such vehicles on or before the date of the Settlement Agreement to the extent that such registrations were in the District of Columbia or one of the fifty (50) states of the United States, except that the following are excluded: (i) owners and lessees who first purchased or leased a Class Vehicle nine or more years after such Class Vehicle was registered for the first time; (ii) owners and lessees of a Class Vehicle on which a front air spring was first replaced when such Class Vehicle had been in service for more than eight (8) years or driven for more than 100,000 miles; (iii) any judge assigned to the Majdipour lawsuit; and (iv) Persons, if any, who prior to May 14, 2019, settled with and released JLRNA or any other Releasee from any of the released claims.

  8. I’m still not sure if I am included.

    If you are still not sure whether you are included in this Class, you can ask for free help. You can call 1-844-948-0777 and ask whether your vehicle is included in the Settlement. You will need to have your Vehicle Identification Number (VIN) ready. The VIN is located on a placard on the top of the dashboard and is visible through the driver’s side corner of the windshield. For more information, you can also visit the settlement website: www.MajdipourSettlement.com.


  9. The Settlement Benefits — What You Get

  10. What does the Settlement provide? What can I get from the Settlement?

    The following information summarizes the Settlement benefits:

    The Settlement provides reimbursement of certain out-of-pocket costs paid by a Class Member (see description of a Class Member in the Answer to Question 5 above: “How do I know if I am part of the Settlement?”) who replaced a front air spring in his or her Class Vehicle due to an air leak and who makes a valid claim.

    For each qualifying front air spring replacement, JLRNA will reimburse up to the lesser of (i) the amount the Class Member paid in out-of-pocket costs for the front air spring replacement and (ii) the amount listed below based on the applicable time and mileage bands for that front air spring replacement. To qualify for a particular amount of reimbursement, the Class Vehicle must have, at the time of the front air spring replacement, both (1) been in service for less than the applicable number of years in the chart below and (2) been driven for less than the maximum number of miles within the applicable mileage band in the chart below.

    YearMileage RangeMaximum Reimbursement
    550,001 to 62,500$500.00
    662,501 to 75,000$250.00
    775,001 to 87,500$125.00
    887,501 to 100,000$125.00

    If, at the time of a front air spring replacement, the Class Vehicle had been in service for more than 8 years or had been driven more than 100,000 miles, then the Class Member will not be eligible for reimbursement in connection with that replacement. But the Class Member would be eligible for partial or complete reimbursement of earlier qualifying front air spring replacements.

    If, at the time a front air spring was first replaced, a 2003-2006 model year Land Rover Range Rover vehicle had been in service for more than 8 years or had been driven more than 100,000 miles, then the owner or lessee of that vehicle is not included within the Class, will not be eligible for reimbursement, and will not be legally bound by anything that happens in this Lawsuit.

    To receive any reimbursement, a Class Member must complete and submit a timely and valid Claim Form (which is enclosed), along with copies of repair order(s), invoice(s), and/or other service record(s) (“Service Records”) showing:

    • The date on which the Class Member replaced a front air spring and the mileage on the Class Vehicle on such date;

    • The amount of the out-of-pocket costs the Class Member incurred due to a front air spring replacement (estimates and unpaid invoices are NOT sufficient to demonstrate out-of-pocket costs);

    • Proof of payment of the claimed out-of-pocket costs (estimates and unpaid invoices are NOT sufficient to demonstrate proof of payment); and

    • Proof that the Class Member claiming reimbursement was the owner or lessee of the Class Vehicle at the time of the replacement of the front air spring for which reimbursement is claimed (ownership or lesseeship can be established by a copy of the Class Member’s vehicle registration, vehicle title or proof of vehicle insurance).

    “Out-of-pocket costs” means the total out-of-pocket costs incurred and paid by the Class Member for the front air spring replacement after subtracting any reimbursement (including, without limitation, any goodwill reimbursement) received, from whatever source, for the incurred costs.

    A claim will be eligible for reimbursement only if the Service Records indicate that the replaced air spring was a front air spring. Replacements of rear air springs are not eligible for reimbursement under the Settlement.

    A claim will be eligible for reimbursement only if the front air spring was replaced due to an air leak, meaning a loss of air pressure caused by a crack or other failure in the rubber material of the front air spring component. A claim will not be eligible for reimbursement if the vehicle’s repair documentation indicates that the repair was due to a collision, accident, vandalism, puncture from road debris, customer abuse, noise complaint unrelated to an air leak, or any other reason other than an air leak. The Class Member must sign, under penalty of perjury, a statement included with the Claim Form that the Class Member is not aware of information that indicates that the repair was due to a collision, accident, vandalism, puncture from road debris, customer abuse, noise complaint unrelated to an air leak, or any other reason other than an air leak.

    A claim will not be eligible for reimbursement unless the replaced front air spring was one of the original front air springs (i.e. a front air spring installed in a new vehicle at the factory). A claim for reimbursement will not be eligible for reimbursement if the repair documentation indicates that the replaced front air spring was not one of the original front air springs. The Class Member must sign, under penalty of perjury, a statement included with the Claim Form that the Class Member is not aware of information that indicates the replaced front air spring was not one of the original front air springs.

    Out-of-pocket costs incurred at a service center other than an authorized Land Rover dealer (“Third-Party Shop”) for a qualifying front air spring replacement are eligible for reimbursement, regardless of whether such Third-Party Shop replaced an original front air spring with a replacement front air spring supplied by JLRNA, by its parents or affiliates, or by a different entity.

    Out-of-pocket costs incurred for a Strut replacement are eligible for reimbursement only if the Service Records indicate that the Strut was replaced in order to replace a failed front air spring that qualifies for reimbursement.

    To receive reimbursement for a single front air spring replacement, a Class Member must submit one Claim Form, along with Service Records providing the required information. To receive reimbursement for two front air spring replacements, a Class Member must submit a Claim Form for each front air spring replacement, along with Service Records providing the required information.


  11. How You Can Participate in the Settlement

  12. How can I participate in the Settlement?

    If you believe you qualify for the Settlement benefits and wish to take advantage of them, you are required to complete and submit a Claim Form (which is enclosed) and the required Service Records, postmarked by May 4, 2020 (i.e. within 90 days after the date on which the Court enters final approval of the Settlement), to the mailing address identified on the Claim Form.

  13. When would I get my Settlement benefits?

    If you complete and submit a Claim Form, you will be sent either a reimbursement check or a written denial of your claim within ninety (90) days of the later of (1) May 4, 2020 or (2) receipt by the Settlement Administrator of your completed Claim Form.

  14. What am I giving up to stay in the Class and receive a benefit?

    If you are a Class Member and you have not already excluded yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against JLRNA, its parents, and/or its affiliates related to allegedly defective front air springs on Class Vehicles or to legal issues that were or could have been raised in this case. It also means that all of the Court’s orders will apply to you and legally bind you.

    However, nothing in this Settlement will prohibit you from pursuing claims for: (i) personal injury; (ii) damage to property other than to a Class Vehicle; or (iii) any and all claims that pertain to anything other than a Class Vehicle and the allegedly defective front air springs on the Class Vehicles.


  15. Excluding Yourself From The Settlement

  16. How could I have gotten out of the Settlement?

    The deadline to exclude yourself from the Settlement has already passed. If you are a Class Member and wished to exclude yourself from the Settlement, you were required to send a letter by mail saying that you want to “opt out” or “be excluded from the Settlement.” Your exclusion request was required to be mailed to the following address, postmarked no later than December 23 2019:

    To Settlement Administrator:
    Majdipour Settlement Administrator
    Attn: Exclusions
    P.O. Box 58220
    1500 John F. Kennedy Blvd.,
    Suite C31
    Philadelphia, PA 19103

    If you excluded yourself, you will not qualify for any of the Settlement benefits. You will also not be legally bound by anything that happens in this Lawsuit. You may be able to sue (or continue to sue) JLRNA, its parents, and/or its affiliates in the future.

  17. If I didn't exclude myself, can I sue Jaguar Land Rover North America for the same thing later?

    No. If you are a Class Member and you have not already excluded yourself, you gave up the right to sue JLRNA, its parents, and/or its affiliates for the claims that this Settlement releases. The exclusion deadline was December 23, 2019.

  18. If I excluded myself, can I get benefits from this Settlement?

    No. If you excluded yourself, you will not be eligible for benefits under the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against JLRNA, its parents, and/or its affiliates.


  19. The Lawyers Representing You In This Case

  20. Do I have a lawyer in the case?

    The Court has appointed lawyers from the law firms of Mazie, Slater, Katz & Freeman, LLC and Strategic Legal Practices, APC as Class Counsel to represent you and the Class. Together, the lawyers are called Class Counsel. You will not be charged for any fees or costs for these lawyers.

  21. How will the lawyers be paid?

    The Court has awarded Class Counsel attorneys’ fees of $1,300,000 and expenses of $45,441.78. In addition, the Court has awarded Class Representatives incentive awards of $16,000. JLRNA will separately pay the fees, expenses, and incentive awards that the Court awards. JLRNA will also separately pay the costs to administer the Settlement.


  22. Objecting to the Settlement

  23. When and where did the Court decide whether to approve the Settlement?

    The Court held a hearing on February 3, 2020 at 2:30 p.m. before the Hon. Madeline C. Arleo, U.S. District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101, to consider whether the Settlement is fair, reasonable and adequate. After the hearing, the Court granted final approval of the Settlement.


  24. If You Do Nothing

  25. What happens if I do nothing at all?

    If you are a Class Member and you do nothing at this time, you will not be eligible for Settlement benefits unless you submit a timely and valid claim. If you have not already excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against JLRNA, its parents, and/or its affiliates about the legal issues in this case or allegedly defective front air springs on Class Vehicles, ever again.


  26. Getting More Information

  27. Are there more details about the Settlement?

    The class notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by downloading a copy online by visiting www.MajdipourSettlement.com or requesting a copy by calling 1-844-948-0777. You can also request a copy by writing to: Majdipour Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or email info@MajdipourSettlement.com.

  28. How do I get more information?

    You can visit the website at www.MajdipourSettlement.com where you will find answers to common questions about the Settlement. If the website does not contain the information you are looking for, you can also call toll-free at 1-844-948-0777.


Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions.