TO: ALL PERSONS WHO, BETWEEN JANUARY 1, 2009 AND DECEMBER 31, 2012, PURCHASED NEW CERTAIN AIR FILTERS MANUFACTURED BY SPECTRE PERFORMANCE, OR WHO HAD SUCH AIR FILTERS INSTALLED ON THEIR VEHICLES, OR WHO PURCHASED A NEW OR USED VEHICLE WITH SUCH FILTERS PRE-INSTALLED. YOU COULD RECEIVE A SETTLEMENT BENEFIT FROM A CLASS ACTION SETTLEMENT, AND YOUR RIGHTS WILL BE AFFECTED BY THE SETTLEMENT IF IT IS APPROVED. PART NUMBERS FOR THE FILTERS AT ISSUE ARE LISTED BELOW. PLEASE READ THIS NOTICE.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Central District of California, that a hearing will be held on November 4, 2013 at 9:30 a.m., before the Honorable George H. King, United States District Judge for the Central District of California, in Courtroom 650, United States Courthouse, located at 255 East Temple Street, Los Angeles, California 90012, for the purpose of determining whether the proposed settlement of the above-captioned litigation should be approved. In the litigation, Plaintiffs Anthony Avery and Zina Avery allege that certain Spectre Performance air filters have a small metal badge affixed to them that allegedly may become dislodged and cause damage to the automobile. Defendants Spectre Performance and AutoZone deny the allegations. The Court has not decided whether Plaintiffs or Defendants are correct.
The proposed settlement benefits to members of the class are: (1) Class Members may return Spectre filters (damaged or not) with the part numbers set forth below to any AutoZone store for exchange for a new filter, at any time with a receipt or other proof of purchase from Autozone and within sixty (60) days after final approval of this settlement without a receipt; (2) Class Members who are unable or unwilling to return the filter to an AutoZone store may submit a claim for a replacement filter within sixty (60) days after final approval; and (3) Class Members may submit a claim for reimbursement for repairs to their vehicle or other incidental charges, such as for a rental car while the vehicle repairs were in progress or reasonable diagnostic tests, up to a limit of $3,000 per Class Member, within sixty (60) days after final approval. In addition, Spectre re-designed its filters manufactured after June 14, 2010 to either have no badge or place the badge on the opposite side of the filters where, even if it were to become dislodged, it could not move into the throttle body. In addition, prior to June 14, 2010, Spectre inspected all of the filters in its inventory and determined that the badges on those filters are properly affixed or discarded the filters. Spectre, who manufactured the air filters that are the subject of this lawsuit, ceased manufacturing all air filters as of December 31, 2012. Spectre is in the process of changing its name and anticipates that it will have changed its name with the Secretary of State on or before June 1, 2013.
WHO IS IN THE CLASS
The class of persons included in the proposed settlement are those persons who, between January 1, 2009 and December 31, 2012 (1) purchased in the United States from a retail store (including internet retailers) a new Spectre Performance air filter with a badge attached to the intake side of the filter, bearing one of the following part numbers: 883559, 883901, 883914, 883915, 883916, 884309, 885056, 885058, 885350, 886366, 886479, 886555, 886690, 886807, 887344, 887351, 887417, 887420, 887421, 887432, 887440, 887597, 887598, 887626, 887640, 888040, 888080, 888133, 888205, 888208, 888221, 888241, 888243, 888602, 888606, 888747, 888755, 888756, 888817, 888911, 888918, 888925, 888997, 889054, 889332, 889360, 889392, 889401, 889482, 889564, 889687, 889762, 889838, 889895, 889969, 8810014, 8810165; or (2) paid for maintenance or repair of their vehicle in the United States and, as part of that process, had installed in their vehicle one of those filters; or (3) purchased in the United States a new or used vehicle with one of those filters installed.
WHAT ACTIONS SHOULD YOU TAKE AND WHEN
You may choose to make a claim using the Online Claim Form or by printing and mailing in the Claim Form (pdf). The deadline to submit a claim is January 14, 2014 (subject to extension by the Court). You may file written objections to the settlement and appear at the court hearing, following the instructions in the Long Form Notice. You may choose to exclude yourself from the settlement by filling out and submitting the Opt-Out Form or by following the instructions in the Long Form Notice. If you exclude yourself you cannot make a claim and cannot object to the settlement. The deadline for excluding yourself or objecting to the settlement is September 19, 2013. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement.
You may click on and read the Long Form Notice, Settlement Agreement, Preliminary Approval Order and Conditional Certification Order. You may also request paper versions from the Claims Administrator or Plaintiffs Class Counsel. This class action settlement is supervised by the Court and is administered by a Claims Administrator. If you have questions, do not contact the Court, Spectre Performance or AutoZone. Instead, contact the Claims Administrator or Plaintiff Class Counsel.