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West v. Carfax, Inc. and Polk Carfax, Inc.

Topic(s):	Class Actions
Status:	open
Date Of Involvement:	03/27/2007
Docket:	04-CV-1898

Related Documents:
Objectors' Reply Brief (09/17/2008) Carfax Brief (08/25/2008) Attorney General's Amicus Brief (08/04/2008) Objectors' Opening Brief (08/01/2008) Trial Court's Order Approving Settlement (05/06/2008) Motion to Compel Disclosure (07/13/2007) Objections to Revised Proposed Class Action Settlement (07/13/2007) Objections to Proposed Class Action Settlement (03/27/2007)
Related Press Releases:
03/27/2007
Description:
This lawsuit was brought as a class action to remedy the allegedly misleading practices of Carfax in suggesting to consumers that Carfax Vehicle History Reports were based on accident data provided from all 50 states, when in fact Carfax's database does not include police accident data from 23 states. The complaint seeks rescission of the price of Carfax reports and/or actual damages and an injunction requiring disclosure of the limitations of the Carfax database. The parties have now sought court approval of a proposed settlement that would provide neither damages nor disclosure of the actual scope of the Carfax database. The primary relief offered to class members would be coupons worthless to any class member who does not buy a used car in the next three years. Even for class members who buy a used car within that time period, the predominant relief would be only the Carfax reports that the complaint portrays as being of limited value because of limitations in the Carfax database. In addition, because the means of providing notice of the settlement is so inadequate, the majority of the class is unlikely even to know that a settlement has occurred. Public Citizen filed objections to the proposed settlement on behalf of 17 individual Carfax customers and the Center for Auto Safety.

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