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Toyota sudden acceleration class action may cover 22 million owners

A total of 22.6 million current and former Toyota owners have been sent notices that they may be eligible to receive compensation from the automaker for damages related to the unintended acceleration fiasco that has dominated headlines in 2009 and 2010. The total payout may be as high as $1.63 billion, according to The Detroit News.
Steve Berman, a lawyer for the owners, calls the potential deal "a landmark, if not a record, settlement in automobile defects class action litigation in the United States." Still, there's some debate about whether or not Toyota's proposed settlement is fair, as it includes $30 million for safety research and driver education programs - in other words, Toyota seems to be suggesting that drivers need more education on how to drive their correctly working and fully functional vehicles. For those keeping track, Toyota would also be paying lawyer fees of $200 million.
A US District Judge in California is scheduled to hold a so-called "fairness hearing" on June 14 that could decide the fate of this particular settlement. Further courtroom wrangling will be required to hash out any wrongful death suits levied against Toyota stemming from unintended acceleration claims, as those are not part of this class-action suit.

YouTube's Super Bowl commercial buzz list dominated by automakers [w/videos]

After Sunday's big game, YouTube will be the place to watch every commercial that you missed when you left your seat for an emergency guac refill or, as we say in Cleveland, took the Browns to the Super Bowl. That makes YouTube the nation's water cooler on Monday, and it's got some preliminary stats to share in the lead up to kickoff.
As you know, Super Bowl advertisers, particularly automakers, like to endlessly tease their big budget commercials in the weeks before the game, many times revealing them outright days in advance. Because of this, YouTube can tell us which commercials have been viewed the most so far, and their top five list is all automakers.
Kaley Cuoco appears to have been a good investment for Toyota, as her ad for the RAV4 has garnered the most YouTube views - six million and counting - among Super Bowl commercials so far. Second place goes to Mercedes-Benz, though not its actual Super Bowl commercial, but rather the teaser for it. You know, the one with Kate Upton and the car washing, which is up to 5.6 million views. Third place is Audi's Prom commercial (3.3M views), fourth goes to Volkswagen's slightly controversial Get In, Get Happy ad (3.3M views), and the fifth and final spot is bookended by the teaser video for Kaley Cuoco's commercial (3.2M views). You can watch all five in order below.

Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.