Small Claims Court for the tank debacle? - Ducati.ms - The Ultimate Ducati Forum
 
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post #1 of 8 (permalink) Old Feb 5th, 2012, 3:36 pm Thread Starter
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Question Small Claims Court for the tank debacle?

I am the third owner of a 2007 biposto. I read awhile back about the class action lawsuit. I didn't sign anything. Not sure if it even applied to me.

On the news they were talking about a lady that sued Toyota or one of the Asian companies for gas mileage on her car that was supposed to get 50 mpg. She won $9,800.

If each owner with an expanded tank went to small claims court against Ducati, do you think we would actually have a case?

I feel like a few grand+ is better than $200 from a class action lawsuit.

I haven't tried to deal with a dealer yet. They said the word shim kit and I almost threw the phone against the wall.

So will taking them to court get me a new tank/money for a new tank???
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post #2 of 8 (permalink) Old Feb 5th, 2012, 5:18 pm
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My understanding is that unless you specifically excused yourself from the Class, then by default, you are part of the Class and part of the Settlement, which means you cannot go to Small Claims Court on this.

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post #3 of 8 (permalink) Old Feb 6th, 2012, 10:57 am
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That is correct. By not taking action, you in essence accepted the Class Action Agreement.

There is very active thread about sourcing new tanks from a manufacturer in India.
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post #4 of 8 (permalink) Old Feb 6th, 2012, 5:50 pm Thread Starter
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I posted a few months back about the settlement and I was told it didn't apply to me... Is there a way to still opt out of the settlement?

Also, there are a ton of Ducati owners in the USA with some big coin. Why not start a new side business and produce all metal tanks here in the USA? I'm assuming material prices are somewhat similar. Are we talking about labor costs being the issue?
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post #5 of 8 (permalink) Old Feb 6th, 2012, 6:48 pm
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Quote:
Originally Posted by Ramaset View Post
I posted a few months back about the settlement and I was told it didn't apply to me... Is there a way to still opt out of the settlement?

Also, there are a ton of Ducati owners in the USA with some big coin. Why not start a new side business and produce all metal tanks here in the USA? I'm assuming material prices are somewhat similar. Are we talking about labor costs being the issue?
For any reliable info on the suit, you'll need to contact the firm handling it. Ducati Plastic Fuel Tank Class Action Lawsuit - Consumer Class Action Attorneys - Girard Gibbs LLP As far as I know, the time to opt-out has passed, but there may be other provisions I'm not aware of. In any event, they will be the source of truth.

As far as getting new tanks made, there are a number of efforts underway, in multiple countries, looking into producing a viable tank (probably out of aluminum). The most promising in my eyes are the ones coming from India. I would expect it'll be at least 6 months at a minimum before we see anything being produced for sale to owners, but really in the grand scheme of things that's not very long. The threads relating to these efforts are usually on the front page of this forum.

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post #6 of 8 (permalink) Old Feb 6th, 2012, 10:51 pm Thread Starter
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"U.S. residents who on September 16, 2011 owned any 2003-2011 Ducati Monster, Multistrada, SportClassic, Streetfighter, Superbike or Hypermotard motorcycle"

Technically as of today I still don't legally own the bike. The title isn't even in my name. I have the title.

So this doesn't apply to me unless I accept the terms? So I can still take matters into my own hands if I want?
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post #7 of 8 (permalink) Old Feb 6th, 2012, 11:01 pm
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That would be something only the firm could answer, I would give them a call. Maybe wait until you have the title in your name

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post #8 of 8 (permalink) Old Feb 7th, 2012, 12:26 am Thread Starter
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Honestly all I want is a new tank. I want to Caswell coat it and walk away from the whole situation. Possibly buy a metal tank if the price is right.
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