The Honda Hybrid is having a tough year. Lawyers announced a class action lawsuit against the automaker for deceptive advertising practices. The Honda Hybrid claims it can get 50 miles to the gallon, but users say it isn’t even close. Additionally they say that when the Honda Hybrid’s batteries start getting a bit work out it only get s about 30 miles to a gallon.
One lawyer, Heather Peters, decided she has had enough. She didn’t want to join the class action lawsuit against Honda because she knew the car maker would most likely just settle by giving each plaintiff a coupon and the only people who would see any money would be the trial lawyers.
So she decided to take the to Small Claims Court. She is asking for $10,000 for the deceptive marketing and to reimburse her for the extra gas. It may seem a little silly, but lawyers and commentators across the country are hailing the move as ingenious.
In Small Claims court the judge has total discretion and a jury is not present. In California, where the suit has been filed, neither side is permitted to be represented by a lawyer. Peters will have to represent herself and Honda will have to appoint a non-attorney employee to represent the company. The trials are quick and decisions usually rendered that same day.
Analysts say if Peters is successful against Honda, it will open the floodgates for lawsuits. There are more than 200,000 people who own Honda Hybrids, and if they all file suit in Small Claims Court they could expose Honda to up to $2 billion dollars in liability.
Peters has also started a website to support her cause, DontSettleWithHonda.org to educate those involved about their rights.
Honda has already offered a settlement to the class action attorneys. They offered $200 per driver and a $500 credit towards purchase of a new Honda. The lawyers fees are $8.5 million dollars.
How to you feel about taking Honda to Small Claims Court over its Honda Hybrids ?