Entries in class action lawsuit (2)


Toyota Agrees to $1 Billion Settlement in Acceleration Case

TED ALJIBE/AFP/Getty Images(NEW YORK) -- Toyota has agreed to pay more than $1 billion to customers to settle a class-action lawsuit that alleged its vehicles accelerated dangerously and without warning, according to statements by the carmaker and the plaintiffs' attorney.

The deal, which still needs approval by a federal judge in California, includes a $250 million fund to be paid to Toyota owners who sold their cars at a loss following reports of vehicle malfunctions, as well as the installation of a brake override system in about 3.25 million vehicles.

An additional $250 million fund will be created to pay those owners whose vehicles are not eligible for the retrofitted brakes.

Toyota recalled more than 14 million vehicles after reports of sudden, unexplained acceleration in several models began to surface between 2009 and 2010. There were also reports of brake problems with the Prius hybrid.

Toyota insists that it was not an electrical flaw that caused the acceleration problems, but driver error, floor mats and sticky gas pedals.

Both the National Highway Traffic Safety Administration and NASA have said there is nothing wrong with programs that run the vehicles' onboard computers.

"From the very start, this was a challenging case," said Steve Berman, the plaintiffs' lawyer. "We brought in automotive experts, physicists and some of the world's leading theoreticians in electrical engineering to help us understand what happened to drivers experiencing sudden acceleration."

The settlement also includes $30 million to be given to outside groups to study automotive safety.

In a statement, Toyota agreed to the deal.

"In keeping with our core principles, we have structured this agreement in ways that work to put our customers first and demonstrate that they can count on Toyota to stand behind our vehicles," said Toyota spokesman Christopher P. Reynolds.

Copyright 2012 ABC News Radio


Models Sue Agencies in $22M Class-Action

iStockphoto/Thinkstock(NEW YORK) -- It pays to be beautiful, but it may not pay as much as it should.

That’s the contention in a $20 million class-action suit against some of New York’s top modeling and advertising agencies, including Ford Models, Next Management and Wilhelmina.

The suit, filed on behalf of 31-year-old American model Louisa Raske and other unnamed male and female models, claims that the modeling agencies failed to provide accurate account statements and concealed money received on the models’ behalf.

“We’ve alleged that the modeling agencies are unjustly enriching themselves by using money interest-free that belongs to the models,” Skip Taylor, lead counsel for Raske, told ABC News.

The main problem, the suit asserts, is that the agencies mix their own funds with the money held on the model’s behalf, which allows them to use that money on their own behalf, with “little fear of being discovered,” the suit alleges.

Another issue is that models aren’t represented by the same agency for their entire careers. Typically, a contract lasts about three years, and then the model moves on to another management company.

So, if for example, an advertising agency wants to continue to use a model’s photo on a particular product after she has left the modeling company, the modeling company will simply forge her signature or pretend that it had contacted the model and was “legally allowed to move forward with the business transaction,” the suit alleges.  And since models aren’t aware that their image is being used again, they might not know that they are owed more money and so they “never demand or receive payment.”

Since so many models are teenagers who speak English as a second language (if at all), many are unaware of their rights, the suit contents.  The lawsuit also claims that the big agencies require models sign contracts that forbid them from suing the agencies, and that models were told they would be “blacklisted” from the New York modeling world if they brought suit.

This isn’t the first class action lawsuit against modeling agencies. In 2005, a New York federal judge approved a nearly $22 million settlement in favor of five former models who alleged that modeling agencies banded together to fix rates and commissions so the models couldn’t jump ship and get a better deal.

Next and Ford declined to comment, and a representative from Wilhelmina did not respond to several inquiries from ABC News.

Copyright 2012 ABC News Radio

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