Overview of the Settlement
On February 21, 2013, the Court granted final approval to the settlement as fair, reasonable, and adequate.
On May 24, 2013, the Settlement Administrator issued Settlement Vouchers to participating Class Members. To redeem a Settlement Voucher, click here.
A settlement has been reached in a lawsuit known as Davis v. Carfax, Inc., No. CJ-04-1316L, in the Oklahoma District Court in Cleveland County. The lawsuit claimed that Carfax and a related company violated consumer protection laws by not properly disclosing terms and conditions for, and limitations of, Carfax Vehicle History Reports. Carfax denies all of Plaintiffs' claims of wrongdoing. The Court has not decided who is right, or who is wrong.
Who is Included in This Settlement?
If you purchased a Carfax Vehicle History Report directly from Carfax in Ohio, Oklahoma, Tennessee, or Texas at any time from October 1, 1998 through December 31, 2007, or in North Carolina at any time from May 1, 2001 through December 31, 2007, or in California at any time from February 17, 2002 through December 31, 2007, you're a Class Member of two subclasses (one for injunctive relief and one for economic relief).
What Are the Settlement Benefits?
Carfax has agreed to make changes in its disclosures and contracting process with all customers, including Class Members. In addition, each Class Member who remained in the settlement could have claimed a Settlement Voucher and either use it or transfer it to someone else. A Settlement Voucher can be redeemed for free Carfax Vehicle History reports, or the original recipient of a Settlement Voucher could have converted it into $3 in cash. Conversion requests were handled on a first-come, first-served basis and were capped at $650,000 in total for Class Members and the Settlement Vouchers awarded to counsel for the Class as part of their award of attorneys' fees, costs, and expenses. To redeem a Settlement Voucher, click here.
To get a Settlement Voucher you must have submitted a Claim Form postmarked no later than February 21, 2013.
What Are My Options?
- You could have participated in the settlement by submitting a Claim Form to receive a Settlement Voucher.
- You could have opted out of the settlement in writing by January 7, 2013. If you opted out, you will not participate in the benefits of the settlement, but you preserved any rights you currently have to file your own lawsuit concerning any claim like those in this case. If you did not opt out, you gave up your rights to file a lawsuit involving any claim like those in this case, and you are bound by all decisions of the Court, even if you did not submit a Claim Form.
- You could have objected to the settlement. If you wanted to object, you must have done so in writing to both counsel and filed your objection with the Court by January 21, 2013.
As a Class Member, you had the option, if you desired, to enter an appearance in this Action through an attorney.
Did the Court Approve the Settlement?
At a hearing on February 21, 2013, the Court approved this settlement as fair, reasonable, and adequate. The Court also Granted Class Counsel's request for attorneys' fees and incentive awards to each of the two representative Plaintiffs. The motion for attorneys' fees is available on this website.