Coolant Pipes Litigation Update!

[deepraver]

I just received the following from the legal team.. good news for Cayenne owners ahead get your paperwork ready to file your claims!!!!

From: Valerie De Los Santos [mailto:VDeLosSantos@cpmlegal.com]

Sent: Friday, July 26, 2013 5:17 PM

To: Andrew Rikarts

Subject: RE: Porsche Defect

Hi Andrew,

Thank you for the documentation. I actually have an update on the case. The parties have come to an agreement and are awaiting the judge’s approval. Once the agreement is approved, you should receive notice to file a claim for reimbursement.

Regards,

Valerie De Los Santos

Paralegal

COTCHETT, PITRE & McCARTHY, LLP

San Francisco Airport Office Center

840 Malcolm Road | Burlingame, California 94010

Tel: (650) 697-6000 | Fax: (650) 692-3606

[dgogoman]

Hi,

Does this apply to new owners or are used vehicles covered?

[deepraver]

just got this email...

Thanks for contacting us about the Porsche Class Action. The parties have reached a preliminary settlement and have filed a motion asking the court to approve its terms on a preliminary basis. Assuming the court gives preliminary approval to the settlement, the parties will then send notice of the settlement, including an explanation of the settlement terms, to the class members. This notice will also provide a description of your options, going forward.

At this time we are still collecting information from Cayenne owners about their experiences and costs related to the coolant pipe problems. If you could, please provide us with the following information:

Owner’s Name:

Address:

Email:

Phone number:

Year/Model:

Retailer where you purchased your Cayenne:

Do you have the original purchase documents?:

Mileage at time of purchase:

Mileage now:

Have the pipes failed?:

Have they been replaced?:

Cost of replacement?:

Any other parts replaced and their cost?:

Mileage at time of failure/replacement:

Do you have all of the repair/replacement invoices and receipts?:

Very truly yours,

Peter T. Lane, Esq.

Schlanger & Schlanger, LLP

Phone: (914) 946-1981, ext 109 | Email: peter.lane@schlangerlegal.com

www.NewYorkConsumerProtection.com

Westchester Office:

343 Manville Road

Pleasantville, NY 10570

Fax: 914.946.2930

Manhattan Office:9 East 40th Street, Suite 1300

New York, NY 10016

Fax: 914.946.2930

[deepraver]

Should apply to anyone effected... This likely only covers all 2003-2004 and some 2005 Cayennes as I believe they may have started putting in the aluminum replacements in somewhere in 2005? I may be wrong.. basically if yours came with plastic coolant pipes you're covered.

[deilenberger]

Should apply to anyone effected... This likely only covers all 2003-2004 and some 2005 Cayennes as I believe they may have started putting in the aluminum replacements in somewhere in 2005? I may be wrong.. basically if yours came with plastic coolant pipes you're covered.

Actually - yes, you're wrong. They never put the aluminum pipes in, and even the ones made today use a resin based pipe system (supposedly a much better and less prone to exploding design.) The aluminum pipe setup was only sold as replacement parts. The class action is for 2003-2006 V8 Cayennes (S and Turbo.)

[bigfoot007]

Will this also allow UK and European owners to make a claim?

[deepraver]

Should apply to anyone effected... This likely only covers all 2003-2004 and some 2005 Cayennes as I believe they may have started putting in the aluminum replacements in somewhere in 2005? I may be wrong.. basically if yours came with plastic coolant pipes you're covered.

Actually - yes, you're wrong. They never put the aluminum pipes in, and even the ones made today use a resin based pipe system (supposedly a much better and less prone to exploding design.) The aluminum pipe setup was only sold as replacement parts. The class action is for 2003-2006 V8 Cayennes (S and Turbo.)

Well that sucks... I would not trust that at all. I would insist on that "upgrade" be done before buying one again..

As for UK and Euro, I would think that since this was a case with PCNA the outcome would only apply to North America.. unfortunately.

Apparently we'll only get between $100-$1800 dollars.. I'm out $3,916.04 between the pipes, starter and transmission seal that the coolant destroyed.

Here is the latest...http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/4602-porsche-cayenne-owners-offered-45m-class-action-settlement?utm_source=Infusionsoft&utm_medium=email&utm_campaign=Top+Class+Actions+Newsletter+080513&inf_contact_key=3c6f3651e0feff86f027b2f1321567d2015dcdd87ca49a9d06358258f899003a#

Class Action Lawsuit and Settlement News

Porsche Cayenne Owners Offered $45M Class Action Settlement

Porsche Cayenne Owners Offered $45M Class Action Settlement

By Mike Holter

Porsche Cars North America Inc. has agreed to pay up to $45 million to reimburse Porsche Cayenne owners for coolant pipe repairs as part of a class action settlement agreement filed with the court last week.The Porsche Cayenne settlement will resolve a nearly two-year long legal battle over claims that Porsche knowingly installed faulty plastic cooling tubes in its model year 2003 to 2006 Cayenne vehicles that prematurely degrade and fracture, causing damage to the engine. Plaintiffs in the class action lawsuit claimed that instead of replacing the defective plastic coolant tubes, Porsche instead offered an “update kit” that contained aluminum coolant pipes that cost owners between $1,500 and $3,600 per vehicle.

A total of eight consumer class action lawsuits were filed by Porsche Cayenne owners starting in January 2011. The cases were consolidated into an MDL called In re: Porsche Cars North America Inc., Plastic Coolant Tubes Products Liability Litigation.Porsche denies any wrongdoing in agreeing to the class action lawsuit settlement, saying it only agreed to settle “after nearly two years of hard-fought litigation,” adding that “ongoing litigation would involve expensive and prolonged discovery, much of which would require travel to Germany [where Porsche is based] and translating documents from German to English."The car company continues to maintain that the allegations raised in the class action lawsuit don’t have merit because the plaintiffs only experienced problems with their vehicles after the warranties expired.The proposed Porsche Cayenne class action settlement will cover 42,000 current and former U.S. owners of a 2003 to 2006 Porsche Cayenne vehicle with a V8 engine made between January 28, 2002 and December 5, 2006. Class Members will receive between $100 and $1,800 for past and future coolant pipe repairs as part of a claims filing process. The payment amount will be based on whether they are claiming a past or future repair payment, as well as a percentage of the invoice price paid based on the mileage at the time of repair or replacement. Plaintiffs in the Porsche Cayenne class action settlement asked the court to conditionally certify the Class for settlement purposes, in addition to approving the proposed settlement.Top Class Actions will continue to provide updates to the Porsche Cayenne cooling tube settlement, including how to file a claim for reimbursement. Sign up for our free weekly newsletter below to receive class action settlement updates in your inbox each week.The Porsche Cayenne Cooling Tube Class Action Lawsuit Settlement case is In re: Porsche Cars North America Inc., Plastic Coolant Tubes Products Liability Litigation, Case No. 2:11-md-02233, in the U.S. District Court for the Eastern Division of the Southern District of Ohio.

[mgbrillo]

hopefully settlement happens soon..

[dan4renntech]

So, for folks who have done the coolant line replacement themselves and/or had it done proactively (to prevent the steamy experience on the freeway far from home).

What is the course of action we should take?

Like collect receipts, and what welse (Evidence in form of plastic pipes?)

Thanks much for the effort on this...

Dan

[Henry54]

What happens for the ones that does not done the replacement yet?

[Hanstuck]

So I'm picking up an 06 CS this week. Am I out of luck since I wasn't a "current" owner at the time this settlement was reached?

[SchweinCayenne]

It looks like the payoff for repairs is going to weighed against mileage. I would be willing to bet that after taking in mileage, most will end up with 325 dollars.

What really should have happened is a recall or at least reimburse for the cost of the parts. Too bad. They had the chance to do the right thing.

Pretty sure the Cayenne is my third and last Porsche. I'm sick of doing R&D for them.

[elc32955]

Over 90 days from original post now, any status updates? My coolant pipes blew last Tuesday and I just finished the repairs....

Eric

[ManMN]

Hi,

I bought my '04 CayenneS at a used car lot back in the summer of 2009. It had 77K on it at that time. The car now has 95K on it. No coolant leaks - does it mean that it had the aluminum kit replaced ?

I tried to use an inspection mirror to look but I couldn't tell!

If you have any inputs - I thank you very much.

ManN

[clarksongli]

Hi,

I bought my '04 CayenneS at a used car lot back in the summer of 2009. It had 77K on it at that time. The car now has 95K on it. No coolant leaks - does it mean that it had the aluminum kit replaced ?

I tried to use an inspection mirror to look but I couldn't tell!

If you have any inputs - I thank you very much.

ManN

No it does not meet they were replaced. Some have gone over 100k, some only 25k.

The "easiest" place to see is in the back right corner of the intake manifold......there is a small gap that you can get a finger through to feel around.

[dpolson]

Final Fairness Hearing on the settlement action won't be until March 10, 2014. My pipes are leaking now. Not much choice but to make the repair now and hope for the reimbursement later.

[clarksongli]

who do we contact to add ourselves to the list? i emailed the law office on the link but no response.

[dpolson]

cayenneclassaction.com

[rbaron]

If you are registered with Porsche as the owner of your car you should be in a database that will cause you to be mailed forms at some point in the process. You can also register via the class action's website as a belt+suspenders precaution, particularly if you have already had the replacement (I did).

--Lawyer Bob

[Kevin Nelson]

I brought this up to the dealer after I bought my NTM 2006 and they claimed that had not heard this was even happening... I was trying to find out if mine were fixed or not as it seems the work is not always recorded when done.

[deilenberger]

I brought this up to the dealer after I bought my NTM 2006 and they claimed that had not heard this was even happening... I was trying to find out if mine were fixed or not as it seems the work is not always recorded when done.

Figure if there is no record of it being done - it hasn't been done.

[scubatahiti]

I just bought a 04 CTT . I am glad to see there is potentially a settlement. It does not appear mine have been done due to the service records unless it was done under warranty. I sent my information to Porsche with the form that was in the maintenance manual. Is that the best way to let them know you are the owner of one of these vehicles?

[Ignited]

the settlement says you get more if you bought your car from an ACPO warranty dealer. Can anyone enlighten me on why this would be the case? The difference is significant. And has anyone had any luck in small claims court against PCNA for either this or other Cayenne repairs?

[scubatahiti]

Well i just made my appointment with North Scottsdale Porsche to replace the pipes they quoted me $2,000 and with the $325 i'll get back from the settlement i feel it is worth it to do this now even though i have only 36,000 miles on the CTT. I knew of the issue before buying it and i am sure it really had a impact on KBB/Edmunds/Black Book Pricing. Thats why i was specifically looking for 2004 Turbo and lucky for me there was 1 on Craigs list from a guy who was 5 minutes from my house.

I've seen many CTT's with a lot more miles on them listing for 28-32K. Maybe i am just stupid but to me peace of mind is better than what could happen. I only paid 21 cents on the dollar what this sold for new so shelling out another 1,675 is not that bad considering how awesome this vehicle is. It is like new and so clean. Heck you cant even get a Kia SUV for what i paid for this car and it is a Porsche Turbo. :)~

For me i have no plans to ever sell this for at least 10 years and I guess it is better than being stubborn and waiting for the darn things to crack and ruin my engine. Getting into a 100,000 car that is like new and 10 years old. Can't wait to take my Green Pepper up the hill to Flagstaff. Taking on those 7% grades with windy curves on i17 is going to be a kick in the pants.

Can anyone give me a reason to wait on this to see what happens. Please someone give me your thoughts before next week...

[Nylon]

Got my notice yesterday. Since I bought 04 turbo used and am now at 97,000 miles....I would get $375 towards a dealer installed replacement. That is not a settlement that is another rip off. The aluminum pipes alone cost $1000. Recall and replace..that's a settlement. $375 isn't even fluff money in dealer charges...not to mention destroyed starters and seals as well as plastic coolant T's. Throw in the stranded somewhere factor or the tow from somewhere or the poor schmuck doing this replacement in his garage. What about the folks who already spent $5k for just pipe, not T's nor replacement of starters and seals and tow fees and loss of use of car.