Frequently Asked Questions
- How do I know if I am a Class Member?
- What is this case about?
- Why is this a class action?
- How do I exclude myself from this lawsuit?
- What happens if I do nothing at all?
- Do I have a lawyer in this case? If so, how will the lawyer be paid?
- When will I get my money?
- When and where will the Court decide on the merits of this case?
- How can I get more information about the case?
1. How do I know if I am a Class Member?
You are a Class Member if after January 12, 2001, you purchased a vehicle from Raceway Ford for personal use and (1) on a later date executed an Acknowledgement of Rewritten Contract and a second or subsequent contract to purchase the same vehicle; (2) the second contract was dated the date of the first contract; and (3) financed the second contract at an annual percentage rate greater than 0.0%.
The lawsuit claims Raceway Ford violated consumer protection laws, including the California Automobile Sales Finance Act, by “backdating” purchase contracts. The lawsuit alleges that “backdating” causes improper disclosures of the annual percentage rate, finance charge, monthly payments, and total payments. The lawsuit also alleges that “backdating” results in the consumer being charged interest prior to consummation of the deal, and results in the consumer paying compound interest. Finally, the lawsuit alleges that by “backdating” the second contract, Raceway Ford did not disclose all of the terms of payment and cost in the purchase contract. The lawsuit seeks to stop Raceway Ford from engaging in this alleged conduct, as well as to recover money or other benefits for the Class.
3. Why is this a class action?
The Court decided this lawsuit should proceed as a class action on behalf of a “Class,” or group of people, that could include you.
4. How do I exclude myself from this lawsuit?
To ask to be excluded, send a letter to:
Raceway Ford Cases
c/o Rosenthal & Company LLC
P.O. Box 6177
Novato, CA 94948-6177
POSTMARKED BY DECEMBER 19, 2008, that says you want to be excluded from Raceway Ford Cases. Include your name, address, and telephone number.
This request must be POSTMARKED BY DECEMBER 19, 2008 in order to be considered valid.
5. What happens if I do nothing at all?
If you do nothing at all, you will remain in the Class. If you stay in the Class, you will be bound by all orders of the Court, and you won’t be able to sue Raceway Ford for the alleged violations of law in this case as part of any other lawsuit. To stay in the Class, you do not have to do anything now.
6. Do I have a lawyer in this case? If so, how will the lawyer be paid?
The Court has appointed the law firm of Rosner & Mansfield, LLP of San Diego, California, to represent you as “Class Counsel.” You don’t have to pay Class Counsel, or anyone else, to participate. Instead, if they get money or benefits for the Class, they will ask the Court for their attorneys’ fees and costs, which would be paid by either Raceway Ford or out of any common fund of money recovered before giving the rest to the Class. You may want to consult with your own lawyer about your legal rights and options, at your own expense.
There is no money available now and there is no guarantee that there will be any. If money or benefits are awarded, you will be notified about how to get a share.
8. When and where will the Court decide on the merits of this case?
The Court has scheduled a Trial Setting Conference for September 14, 2009.
9. How can I get more information about the case?
If you have questions or want to view other documents about this lawsuit, write to or call:
Raceway Ford Class Action
c/o Rosner & Mansfield, LLP
10085 Carroll Canyon Rd., Suite 100
San Diego, CA 92131
1-800-466-5366