The Toyota class action is an “open class action” meaning it has been brought by the Applicants on their behalf and on behalf of other persons who also own or have owned the affected Toyota vehicles (known as “group members”). The criteria for group members can be found here.
In an open class action, any group members who do not wish to participate in the class action (whether or not they are LFA Group Members) must “opt out” of the class action. An Opt Out Notice and Supplementary Opt Out Notice ordered by the Court was previously issued to group members, setting out their options for registering or opting out of the class action. A copy is available here.
The deadline for opting out of the class action has now passed. The deadline for filing an Opt-Out Notice with the Court was 30 September 2020 for Opt-Out Notices sent in July/August 2020 or 22 January 2021 for Opt-Out Notices sent in November/December 2020.
If you did not opt out by the deadline, you will no longer be able to “opt out” of the class action without special leave of the Court. If you did not opt out by 30 September 2020 or 22 January 2021, or sign up, you will remain as a group member and await the outcome of the class action. If you have not signed up, you will be an Unregistered Group Member, but if the class action is successful, then at some point in order to get any money out of any settlement or an award of damages (if that happens), you will need to register.
If you did not opt out, and have not registered, you can still choose to register and/or sign up as a LFA Group Member by clicking on the register button here.
If you have signed a retainer agreement with Bannister Law Class Actions and/or a funding agreement with Balance Legal Capital, please request a call back here if the five business days cooling off period during which you can terminate those agreements has expired and you no longer wish to participate in the class action.