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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.

Safety Agency Studying Toyota Acceleration Problem

A U.S. safety agency is looking into a consumer's petition alleging that older Toyota Corollas can accelerate unexpectedly at low speeds and cause crashes. The inquiry by the National Highway Traffic Safety Administration covers about 1.69 million of the Corolla compact cars from the 2006 to 2010 model years. The agency will decide whether to open a formal investigation into the problem. An unidentified consumer said in a letter to the agency that he experienced multiple low-speed surges in a 2010 Corolla, and the brakes failed to stop the car in time to prevent a crash. The consumer said the problem caused one collision with a parked vehicle on June 8. "In addition to evidence from our crash incident, we are providing evidence that many other Corolla owners are experiencing similarly unsafe scenarios that are leading to crashes," said a portion of the consumer's letter posted Monday on NHTSA's website. The consumer provided 163 reports from other drivers who experienced a surge at low speed or no speed. But NHTSA said it eliminated duplicates, those outside the scope of the 2006-2010 model years and those from foreign countries to get 141. No injuries were reported. The agency said it would evaluate all of the complaints from the consumer in order to decide whether to grant or deny the petition and open a formal investigation. The consumer filed the petition on Sept. 11, according to the documents. Messages were left Monday morning seeking comment from Toyota. In 2009 and 2010, Toyota issued a series of recalls totaling more than 10 million vehicles for various problems including faulty brakes, sticky gas pedals and ill-fitting floor mats. Toyota is under pressure to announce recalls quickly after a U.S. government investigation found it hid information about past defects. Last month, the company agreed to pay $1.2 billion to settle that investigation. It also paid fines totaling $66 million to the U.S. government for delays in reporting unintended acceleration problems. The company has said it made "fundamental changes to become a more responsive and customer-focused organization, and we are committed to continued improvements." Recalls Toyota Safety NHTSA crash unintended acceleration

Total auto recalls already on record pace in 2014

If you've noticed that there have been more recalls than usual this year, you may be on to something. According to a report from the National Highway Traffic Safety Administration, the US market is on pace to break a record for recalls. In 2013, 22 million cars were recalled. We're only a third of the way through 2014, though, and we've already halved that figure, with 11 million units recalled. That's wild.
Considering the past few months, it shouldn't be a surprise that General Motors is leading the charge, with six million of the 11 million units recalled coming from one of the General's four brands. Between truck recalls, CUV recalls and the ignition switch recall, 2014 hasn't been a great year for GM.
Other recall leaders include Nissan (one million Sentra and Altima sedans), Honda (900,000 Odyssey minivans), Toyota (over one million units in a few recalls), Volkswagen (150,000 Passat sedans), Chrysler (644,000 Dodge Durango and Jeep Grand Cherokee SUVs) and most recently, Ford (434,000 units, the bulk of which were early Ford Escape CUVs). So while it's been a bad year for GM so far, its competitors aren't doing too well, either.