2022 Mitsubishi Outlander – Alleged Hood Defect Subject of Class Action

Feb 13, 2022 | Archive

Class Action Lawsuit Filed on Behalf of Owners and Lessees of 2022 Mitsubishi Outlander Vehicles

On February 9, 2022, a class action lawsuit was filed in United States District Court, District of Massachusetts, against Mitsubishi Motors North America, Inc. (“Mitsubishi”) on behalf of past and present owners and lessees of defective 2022 Mitsubishi Outlander vehicles, because the vehicles, allegedly, contain defective hoods that flutter and bounce when driving. 

According to the class action complaint, the defective hood poses a safety hazard, because a bouncing and fluttering hood distracts drivers concerned that the hood may be become unlatched and open at any moment, thus drawing attention to the hood defect and away from other members of the motoring public and/or pedestrians.

Despite being notified of the hood defect from, among other things, pre-production testing, numerous consumer complaints (both to the NHTSA and on Mitsubishi enthusiast websites) warranty data, and dealership repair orders, Mitsubishi has not, according to the complaint, recalled the subject vehicles to repair the defect and has not offered a suitable repair or replacement hood that is not defective.

OWNERS AND LESSEES OF 2022 MITSUBISHI OUTLANDER VEHICLES WITH A MALFUNCTIONING HOOD ARE ENCOURAGED TO COMPLETE THE FORM ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, CONFIDENTIAL CONSULTATION AND NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  

Proposed Changes To Two SEC Whistleblower Program Rules

Feb 10, 2022 | Archive

SEC Proposes Changes To Two Whistleblower Program Rules

On February 10, 2022, the Securities and Exchange Commission (“SEC”) announced that it has proposed two amendments to the rules governing its whistleblower program. The first proposed amendment concerns award claims for related actions that would be otherwise covered by an alternative whistleblower program. The second proposed amendment affirms the SEC’s authority to consider the dollar amount of a potential award for the limited purpose of increasing an award, but not to lower an award.

Specifically, the SEC is proposing two amendments to Exchange Act Rules 21F-3 and 6, the rules governing its whistleblower program:

● The first proposed amendment addresses instances when a whistleblower from the SEC’s program receives an award from another, non-SEC, whistleblower program.

● The second affirms the SEC’s authority to consider the dollar amount of a potential award for the limited purpose of increasing an award, but not to lower an award.

Why This Is Important 

Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act added Section 21F to the Securities Exchange Act of 1934, establishing the SEC’s whistleblower program. Among other things, Section 21 authorizes the SEC to make monetary awards to eligible individuals who voluntarily provide original information that leads to successful SEC enforcement actions resulting in monetary sanctions exceeding $1 million and certain successful related actions. Awards must be made in an amount equal to 10-30 percent of the monetary sanctions collected.

Since the program’s inception, the SEC has ordered more than $1.2 billion to 245 individuals whose information and cooperation assisted the SEC in bringing successful enforcement actions.

How This Rule Applies
Related Action Claims Covered By Another Whistleblower Program

● Under Exchange Act Section 21F(b) and Rule 21F-11, a whistleblower who obtains an award based on an SEC covered action also may be eligible for an award based on monetary sanctions that are collected in an action brought by other statutorily-identified authorities.

● The proposing rule would allow the SEC to make an award for a related action that might otherwise be covered by an alternative whistleblower program, even where the alternative whistleblower program has the more direct or relevant connection to the related action in certain circumstances. The proposing rule offers multiple potential approaches:

Comparability: Under this approach, if a claimant files a related-action award application, and the alternative award program is not comparable to the SEC’s program, because the statutory award range is more limited, awards are subject to an award cap, or the other award program is discretionary and not mandatory, the SEC would treat the non-SEC action as “related” for purposes of the SEC’s award program, regardless of whether the alternative award program has a more direct or relevant connection to the action. The SEC also would make an award on a potential related action without regard to which program had the more direct and relevant connection to the action if the maximum award that the SEC could pay on the action would not exceed $5 million.

Whistleblower Choice: The proposed release offers an alternative option that would allow a meritorious whistleblower to decide whether to receive a related-action award from the SEC or the authority administering the other award program. The whistleblower would not be required to select which program to receive the award from until both programs had determined the award amount they would pay.

Offset Approach: The SEC would determine the award percentage it would pay on the related action but offset from the SEC’s total award payment by the dollar amount the whistleblower received for the related action from the other award program.

Topping Off Approach: The SEC would have the discretion to increase the award on the SEC covered action (up to 30 percent) if the SEC concludes that the other whistleblower program’s award for the related action was inadequate for any reason.

● Under the Comparability or Whistleblower Choice approach, the whistleblower would be required to make an irrevocable waiver of any claim to an award from the other whistleblower award program.

Discretion To Consider The Dollar Amount Of The Award

● In 2020, amendments added language to Rule 21F-6 stating that the SEC has discretion to consider the dollar amount of a potential award when making an award determination.

● The proposed changes would affirm the SEC’s authority to consider the dollar amount of a potential award for the limited purpose of increasing the award amount, but would eliminate the SEC’s authority to consider the dollar amount of a potential award for the purpose of decreasing an award.

The public comment period will remain open for 60 days following publication of the proposing release on the SEC’s website or 30 days following publication of the proposing release in the Federal Register, whichever period is longer.

Source: SEC.gov

Questions Or Concerns About Voluntarily Providing Information To The SEC And Whistleblower Award Eligibility?

Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action.  SEC whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.

If you have questions or concerns about voluntarily providing information to the SEC regarding violations of the federal securities laws, including questions about whistleblower award eligibility, or the form and manner in which the information is required to be provided to the SEC, please contact Kehoe Law Firm, P.C. by completing the form above on the right, sending an e-mail to [email protected] or by contacting either Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, or John Kehoe, Esq., [email protected], (215) 792-6676, Ext. 801.  

Kehoe Law Firm, P.C.

 

 

Recall Of Five-Drawer Chests & Personal Electric Heaters

Feb 9, 2022 | Archive

Home Easy Recalls Geek Heat Personal Heaters Due To Fire Hazard 

The recall involves the Home Easy Geek Heat DH-QN06 personal heaters. The Geek Heat logo is printed on the top of the heater near the vent and the model number is printed on the underside of the heater. The heater measures 20 inches in length, 13 inches in width and is sold in white. Consumers should immediately stop using the recalled heaters and contact Home Easy for a full refund. Consumers should destroy the recalled heaters by unplugging the heater prior to cutting the electrical cord making the product inoperable and then prominently mark on the product “defective” before disposal, following local disposal guidelines. Consumers should take a photo of the cut electrical cord for submission to Home Easy at [email protected]. Home Easy is contacting all known purchasers directly. Home Easy has received three reports of the toggle power switch causing a fire. No injuries or property damage have been reported.  For more information, please click Personal Electric Heaters. 

BFG North Carolina Recalls Chest Of Drawers Due To Tip-Over And Entrapment Hazards; Sold Exclusively at Rooms To Go

This recall involves River Street Five-Drawer Chests, sold in mocha and graphite colors. The River Street chests measure about 46.25 inches tall, 35.15 inches wide and 16.9 inches deep. “INDD 2425-6 CHEST,” “Made in Brazil.” SKU number 32624252 (mocha) or “INDD 423-6 CHEST,” “Made in Brazil,” SKU number 32624238 (graphite), and the manufacture date (“Prod. Date”) – in month/day/year format (MM/DD/YYYY) – are printed on a label on the back of unit along with the words “Manufacturer – Industria de Moveis Rotta Ltda.” The recalled chests were manufactured between December 2018 and October 2021. Consumers should immediately stop using the recalled chests and contact Rooms To Go for a free in-home repair by trained technicians, free replacement, or a full refund of the purchase price in the form of a Rooms To Go store credit, including free pick-up of the chest. Rooms To Go is contacting all known purchasers directly. No incidents or injuries have been reported.  For more information, please click River Street Five-Drawer Chests.  Source: CPSC.gov

Individuals Harmed By Defective Or Misleading Consumer Products And/Or Product Recalls

If you have been the victim of a defective or misleading consumer product and/or product recall, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation evaluation of potential legal claims.

Audi Vehicle Recalls – Has Your Audi Been Recalled?

Feb 7, 2022 | Archive

2019-2021 Audi A5 Sportback, RS5 Coupe, RS5 Sportback, S5 Sportback 
2020-2021 A4 Allroad, A4 Sedan, A5 Cabriolet, A5 Coupe, A6 Allroad, A6 Sedan, A7, A8, Q5, S4 Sedan, S5 Coupe, S5 Cabriolet, S6 Sedan, S7, S8, SQ5 
2021 Q5 Sportback, Q7, Q8, RS6 Avant, RS7, RSQ8, SQ5 Sportback, SQ7 & SQ8

Rear Axle May Be Misaligned – Rear axle misalignment may cause premature or uneven tire wear, increasing the risk of a crash. Volkswagen Group of America, Inc. (“Audi”) is recalling certain 2019-2021 Audi A5 Sportback, RS5 Coupe, RS5 Sportback, S5 Sportback; 2020-2021 A4 Allroad, A4 Sedan, A5 Cabriolet, A5 Coupe, A6 Allroad, A6 Sedan, A7, A8, Q5, S4 Sedan, S5 Coupe, S5 Cabriolet, S6 Sedan, S7, S8, SQ5; 2021 Q5 Sportback, Q7, Q8, RS6 Avant, RS7, RSQ8, SQ5 Sportback, SQ7, and SQ8 vehicles. The rear axle alignment may not have been inspected after the repairs for Recall 21V-295 (42L1) were performed. For more information about this recall, which potentially affects 31,058 Audi vehicles, please click NHTSA Campaign Number: 22V034000. 

How Do You Know If Your Vehicle Has Been Recalled?

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.

What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What Should I Do If My Vehicle Is Included In This Recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional information about vehicle recalls, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, CONFIDENTIAL CONSULTATION AND NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C. 

Toyota Vehicle Recalls – Has Your Toyota Been Recalled?

Feb 7, 2022 | Archive

Toyota C-HR (2021)

Pre-collision (“PCS”) system may be inoperative.  An inoperative PCS that does not provide a malfunction indicator to the driver, or braking assist as expected, can increase the risk of a crash. For more information about this recall, which potentially affects 36,558 Toyota vehicles, please click NHTSA Campaign Number: 22V107000. 

Toyota Venza Hybrid (2021)

Turn Signal Lights May Fail – Toyota Motor Engineering & Manufacturing (“Toyota”) is recalling certain 2021 Venza Hybrid vehicles. Water may enter the rear turn signal LED lights, allowing condensation to form on the circuit board, and causing a short circuit. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard number 108, “Lamps, Reflective Devices, and Associated Equipment.” For more information about this recall, which potentially affects 41,544 Toyota vehicles, please click NHTSA Campaign Number: 22V033000.

How Do You Know If Your Vehicle Has Been Recalled?

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.

What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What Should I Do If My Vehicle Is Included In This Recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional information about vehicle recalls, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, CONFIDENTIAL CONSULTATION AND NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C. 

Tesla Vehicle Recalls – Has Your Tesla Been Recalled?

Feb 3, 2022 | Archive

Tesla Model 3 (2017-2022) / Tesla Model S (2020-2022) / Tesla Model X (2020-2022) / Tesla Model Y (2020-2022)

Pedestrian warning sound may be obscured. Pedestrians may be unaware of an approaching vehicle if the Pedestrian Warning System (“PWS”) sounds are obscured, increasing the risk of a crash. Tesla, Inc. is recalling certain 2020-2022 Model S, Model X, Model Y, and 2017-2022 Model 3 vehicles. The Boombox function allows sounds to be played through an external speaker while the vehicle is in motion, which may obscure the PWS sounds. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard 141, “Minimum Sound Requirements for Hybrid and Electric Vehicles.” For more information about this recall, which potentially affects 578,607 Tesla automobiles, please click NHTSA Campaign Number: 22V063000. 

Tesla Model 3 (2021-2022) / Tesla Model S (2021-2022) / Tesla Model X (2021-2022) / Tesla Model Y (2020-2022)

Windshield may not defrost properly. Decreased defrosting performance may reduce the driver’s visibility, increasing the risk of a crash. Tesla, Inc. is recalling certain 2021-2022 Model 3, Model S, Model X, and 2020-2022 Model Y vehicles. A software error may cause a valve in the heat pump to open unintentionally and trap the refrigerant inside the evaporator, resulting in decreased defrosting performance. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard 103, “Windshield Defrosting and Defogging Systems.” For more information about this recall, which potentially affects 26,861 Tesla vehicles, please click NHTSA Campaign Number: 22V050000. 

Tesla Model 3 (2017-2022) / Tesla Model S (2021-2022) / Tesla Model X (2021-2022) / Tesla Model Y (2020-2022)

Seat belt chime may not activate. The driver may be unaware that their seat belt is not fastened, increasing the risk of injury during a crash. Tesla, Inc. is recalling certain 2021-2022 Model S and Model X, 2017-2022 Model 3, and 2020-2022 Model Y vehicles. The audible chime may not activate when the vehicle starts and the driver has not buckled their seat belt. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard number 208, “Occupant Crash Protection.” For more information about this recall, which potentially affects 817,143 Tesla automobiles, please click NHTSA Campaign Number: 22V045000. 

Tesla Model 3 (2017-2022) / Tesla Model S (2016-2022) / Tesla Model X (2016-2022) / Tesla Model Y (2020-2022)

Vehicle may fail to stop at a stop sign.  Failing to stop at a stop sign can increase the risk of a crash. Tesla, Inc. is recalling certain 2016-2022 Model S and Model X, 2017-2022 Model 3, and 2020-2022 Model Y vehicles.The “rolling stop” functionality available as part of the Full Self-Driving (Beta) software may allow the vehicle to travel through an all-way stop intersection without first coming to a stop. For more information about this recall, which potentially affects 53,822 Tesla automobiles, please click NHTSA Campaign Number: 22V037000. 

How Do You Know If Your Vehicle Has Been Recalled?

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.

What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What Should I Do If My Vehicle Is Included In This Recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional information about vehicle recalls, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, CONFIDENTIAL CONSULTATION AND NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C.