MM minor win - car company tried to make it right

[pamela]

I don't know about everyone else, but I've never gotten in actual use what the sticker on the car says the rated MPG is. For our hybrid MKZ it was 45 hwy/45 city. We're getting 36. Just got a letter from Lincoln today that says they messed up, it's really 38/37 and here's a check for what that difference should be in gas costs - $1,050. And some gift that I haven't gone online to select yet.

I'm annoyed they were wrong and I think our gas costs would have been higher and we did calculate that into our cost of buying this car over the Ford Fusion. But I am glad they tried to make it right (as opposed to come class action suit where the lawyers would win big and we might get $50).

[pamela]

Oh, and the free gift is a designer ipad cover, a pair of Toms sunglasses or dinner for 2 at Capital Grille

[madringal]

I'm pretty impressed they proactively did this. And totally choose dinner at Capital Grille.

[pamela]

Jul 30, 2014 10:57:31 GMT -5 madringal said:

I'm pretty impressed they proactively did this. And totally choose dinner at Capital Grille.

Absolutely, except that the closest one is 5.5 hours away.

[madringal]

Jul 30, 2014 11:21:08 GMT -5 pamela said:

Jul 30, 2014 10:57:31 GMT -5 madringal said:

I'm pretty impressed they proactively did this. And totally choose dinner at Capital Grille.

Absolutely, except that the closest one is 5.5 hours away.

womp womp That stinks!!

[dr.girlfriend]

By accepting it are you signing away your rights to a class action lawsuit? ;-)

I'm still pissed about my Honda Fit. I have a 2011 and DH has a 2012 and we both get 20 - 25 mpg instead of the 38 we're supposed to get. The weird thing is on the forums everyone says they get closer to the 38. I don't know why we have two lemons. :-P

[pamela]

Jul 30, 2014 11:46:00 GMT -5 dr.girlfriend said:

By accepting it are you signing away your rights to a class action lawsuit? ;-)

I'm still pissed about my Honda Fit. I have a 2011 and DH has a 2012 and we both get 20 - 25 mpg instead of the 38 we're supposed to get. The weird thing is on the forums everyone says they get closer to the 38. I don't know why we have two lemons. :-P

I have no intention of using over it and think this is way more than we would actually get out of a suit so I'm totally fine with that. I'm also sure that is why they are doing this and I'm happy about that too. Much better for companies to handle it this way than take their chances with a suit and waste all that time and money (sorry lawyers).

[aurora]

That's actually pretty cool.

We usually get more than the posted MPG. Maybe it's related to normally buying manual transmissions?

[dutchgirl678]

I have been driving a Toyota Prius for 10 years and the actual mileage varies greatly and depends on weather, road conditions, length of drive etc. I could see it being a problem if it was really far off (like 22 vs 38) but if it was just a little bit less I wouldn't think much of it. I am glad they were pro-active about it though!

[ESF]

Jul 30, 2014 10:47:39 GMT -5 pamela said:

I don't know about everyone else, but I've never gotten in actual use what the sticker on the car says the rated MPG is. For our hybrid MKZ it was 45 hwy/45 city. We're getting 36. Just got a letter from Lincoln today that says they messed up, it's really 38/37 and here's a check for what that difference should be in gas costs - $1,050. And some gift that I haven't gone online to select yet.

I'm annoyed they were wrong and I think our gas costs would have been higher and we did calculate that into our cost of buying this car over the Ford Fusion. But I am glad they tried to make it right (as opposed to come class action suit where the lawyers would win big and we might get $50).

I think it's great that the company took an affirmative step to solve the problem.  

If I had received that check, I would be sure to read all the fine print carefully, because there's probably some waiver of rights involved in accepting it that would make me wary.

But I really need to take issue with the last sentence.  Of course, you'd get less in a class action.  You incurred no risk, no out of pocket costs that plaintiffs might incur while litigating a case, spent no time researching the issue, hiring an attorney, or supervising the case. You do not have to take time off of work to attend depositions or trial, turn over private records of your financial history or other personal data.  You do not have the negative publicity associated with being a rabble-rouser, you will never be denied employment or judged for being an agitator or troublemaker.  You do not spend thousands of hours researching and working on a case hoping that maybe you might eventually get paid, but knowing that more times than not, you will never see a dime?

Why on earth do you think you are entitled to the full amount of your damages given that you've incurred none of those risks?  You are very anti-entitlement so your attitude here shocks me.

You get less in a class action because you are free-loading on someone else's work.  Not to mention, you tend to only get payments from a class action when there's been a settlement, so the value of your claim is discounted by the settlement value, as determined by the lawyers in the case.  If you do not like what you are offered, you ALWAYS have the opportunity to turn it down and opt-out of the settlement and pursue an individual claim. Of course, then you have to incur most of the risks I've described above, which is why most people don't opt out.  It's typically a better deal to freeload even if your reward is less.

[lasagnasshole]

Day-um, ESF. I need a cigarette.

[scout8]

I am glad they sent you a check. We were considering the MKZ hybrid (you probably remember I asked you about it) and Lincoln updated their mpg estimates right around the time we were car shopping. We decided not to go with the MKZ and one of the reasons was the updated mpg estimates. So, I am glad they tried to make things right for you.

[lys]

If I am remembering correctly, there was a recent law suit on this subject and of course the auto dealers lost and have to pay up.

[mmp]

Jul 30, 2014 11:46:00 GMT -5 dr.girlfriend said:

By accepting it are you signing away your rights to a class action lawsuit? ;-)

I'm still pissed about my Honda Fit. I have a 2011 and DH has a 2012 and we both get 20 - 25 mpg instead of the 38 we're supposed to get. The weird thing is on the forums everyone says they get closer to the 38. I don't know why we have two lemons. :-P

Same here. I've been getting 26 on my Fit, but I only have a seven mile commute.

I once drove it an hour away and it did get 38 or so.

[curbsideprophet]

Glad you got something for the discrepancy.

I know some companies are shady on their posted MPG. However I also think your driving style needs to be factored in. The listed MPG is not a guarantee. Not all drivers will get that in all conditions. If everyone else who has the same car as you is getting about the listed MPG it could be you and not the car.

FWIW we typically get the list mileage on our 2006 Civic and 2013 Prius v.

[pamela]

ESF, you are right. I have no intent of actually suing for what is to me a minor damage. I don't see what you're taking issue with in the last sentence though. Does the group of individuals who initiated in most class action suits really get that much bigger of a payout? And how is it not better for everyone but the lawyers whose career this is, if things don't have to go to the court system?

[pamela]

Jul 31, 2014 8:09:27 GMT -5 curbsideprophet said:

Glad you got something for the discrepancy.

I know some companies are shady on their posted MPG. However I also think your driving style needs to be factored in. The listed MPG is not a guarantee. Not all drivers will get that in all conditions. If everyone else who has the same car as you is getting about the listed MPG it could be you and not the car.

FWIW we typically get the list mileage on our 2006 Civic and 2013 Prius v.

That is absolutely true. The conditions of the old EPA regulated tests really didn't match most people's reality. We do pay attention to our driving style and at 60 mph over long flat distances with cruise control, we actually get closer to 40-43.

[dirtyred]

Jul 31, 2014 8:09:27 GMT -5 curbsideprophet said:

Glad you got something for the discrepancy.

I know some companies are shady on their posted MPG. However I also think your driving style needs to be factored in. The listed MPG is not a guarantee. Not all drivers will get that in all conditions. If everyone else who has the same car as you is getting about the listed MPG it could be you and not the car.

FWIW we typically get the list mileage on our 2006 Civic and 2013 Prius v.

My Ford Fusion was listed at 21/28; I actually get around 28/35, so the estimates aren't always skewed to the high side.

[ESF]

Jul 31, 2014 8:11:24 GMT -5 pamela said:

ESF, you are right. I have no intent of actually suing for what is to me a minor damage. I don't see what you're taking issue with in the last sentence though. Does the group of individuals who initiated in most class action suits really get that much bigger of a payout? And how is it not better for everyone but the lawyers whose career this is, if things don't have to go to the court system?

Individuals who initiate the class action often get incentive awards ranging between $500-$10k because of the risk and burden associated with bringing one. They might also have individual claims against the company that are ill-suited for class treatment, and may get compensation for those claims.

Generally, things never going to court is good in theory. It can be bad for several reasons:

(1) there's no injunctive relief, which means no court order prohibiting them from engaging in the deceptive practice in the future.

(2) quiet settlements, such as those that include confidentiality clauses, can shield important matters of safety and health from the public as well as shareholders, and keep markets from operating efficiently. (Obviously in your case, this one doesn't apply.) class actions generally can't be settled privately, but any individual suit can be.

(3) a class action settlement process must go through the court, where a judge analyzes it for fairness. There's lots of detail about the evidence on both sides, strength of the claims, etc. Class settlements are thrown out all the time for being shitty deals for consumers, too big of a payout to the lawyers at the expense of the class, etc.

Class Settlements are not just rubber-stamped, they are really strictly scrutinized. I was in court yesterday, and two of the three hearings before me were lawyers asking for approval of class settlements, and that judge chewed them both to bits. And those were just at the preliminary approval stage. If an agreement can pass that stage, the court must allow class members who think the settlement is unfair an opportunity to be heard, and has to take their testimony into account in deciding whether to give the final blessing. Everything is out in the public for people to analyze and participate in, and there's a public record of the decisions.

By way of contrast, how is it better for people to receive private payouts and waive all claims without any idea of the evidence and full extent of the claims they are waiving?

The class action system is far from perfect, but it's transparent.

[ESF]

And sorry for the out of nowhere pile on! I was in a foul mood last night, and took it out on your post.

[StJess80]

I'm shocked at these MPG estimates. I get 21 MPG in mixed driving conditions in my mustang.