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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.

Toyota unintended acceleration lawsuit settled for $16M

Slowly, the many loose threads still dangling after the unintended acceleration issue Toyota faced a few years ago are being resolved. The Orange County District Attorney's office was believed to be the first DA's office to take Toyota to court, its suit alleging that Toyota knew its cars had defects and continued to sell them. The suit sought to "permanently enjoin Toyota from continued unlawful, unfair, deceptive, and fraudulent business practices as it pertains to both consumers and competitors" and asked for $2,500 "for every violation of the Unfair Business Practices Act," plus costs.
That suit has now been settled, Toyota - without admitting fault or wrongdoing - agreeing to pay $16 million to the county. Half of the money will go to the Orange County Gang Reduction Intervention Partnership, another four million dollars to the OC DA's office to investigate economic crime, the remaining four million being used to pay for the case.

Lower gas prices mean there are excellent deals on green cars right now

The phenomenon was big enough to make news in 2006, then in 2008, in 2011, in 2012, in 2013, and again last year: a big move in gas prices means a big move in alternative-fuel-vehicle sales. True Car's TrueSavings report, which averages transaction prices across the country to figure out what people are paying compared to MSRP, shows that electric cars and hybrids are ripe for excellent savings right now. The Ford Focus Electric presents the greatest disparity, with the average transaction price of $25,168 representing a 16.1-percent saving off its $29,995 MSRP. The Kia Optima Hybrid and Toyota Prius also snagged spots in the top five, with the Kia offering a 10.7-percent discount and the Toyota a 10.1-percent discount. One hybrid managed to show up among the top five lease offers, too: the Lincoln MKZ Hybrid is just $315 a month for 36 months after $3,875 down in some markets. Alt-energy vehicles got bumped out of the top five finance deals, however. That was dominated by light trucks and, oddly, two subcompacts. The press release below has more details. TrueCar finds hybrids, EVs top list of best savings in January Gasoline price plunge = savings for consumers on alternative fuel vehicles SANTA MONICA, Calif., Jan. 15, 2015 /PRNewswire/ -- Ford's Focus Electric hatchback, which sells at an average of 16 percent off MSRP, tops January's list of best savings on new vehicles, according to TrueCar, Inc. (NASDAQ: TRUE), the negotiation-free car buying and selling platform. The "TrueSavings" monthly report analyzes current transaction prices and identifies opportunities for consumer savings. "Fuel savings are not top of mind to many consumers right now, and that makes this a great time to buy a hybrid or electric vehicle," said John Krafcik, president of TrueCar. "With gasoline prices now averaging just $2.10 per gallon, and vehicle preferences tied so closely to short-term gasoline prices, automakers are heavily discounting their most fuel-efficient cars to clear inventories." Toyota's Prius, the world's best-selling alternative fuel vehicle for more than a decade, also makes January's list of best savings. Customers who purchase a Prius Two model this month can save 10 percent off the hybrid car's $25,025 MSRP. "Gasoline prices and vehicle type preferences are strongly related, and this relationship is cyclical in nature," said Krafcik.