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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 recalls 1.37 million more vehicles for Takata airbags

Toyota is expanding its passenger-side Takata airbag inflator recall campaign by an additional 1.37 million vehicles in the United States. The models covered under this broadened recall are the 2003-2007 Corolla, Matrix, and Lexus SC430; the 2005-2006 Tundra; and the 2005-2007 Sequoia. In total, Toyota says that this expansion brings the number of its vehicles covered under the Takata inflator recall in the US to 2.915 million. For these latest models, owners will be notified by mail soon. The move is similar to a recent decision by Honda to broaden its recall list. As with millions of other vehicles covered under these recalls, it's possible for exposure to moisture to cause the inflator to ignite too quickly in an airbag deployment. This can cause shrapnel to be sprayed at occupants. At least seven deaths have been potentially linked to these ruptures worldwide. TOYOTA EXPANDS TAKATA AIRBAG SAFETY RECALL TORRANCE, Calif., June 16, 2015 – Toyota Motor Sales, USA, Inc. today announced that it is expanding its recalls involving Takata front passenger airbag inflators. Based on recent information from Takata and the National Highway Traffic Safety Administration (NHTSA), Toyota will recall approximately 1,365,000 additional 2003-2007 Corolla and Corolla Matrix; 2005-2006 Tundra; 2005-2007 Sequoia; 2003-2007 Lexus SC430 vehicles. This brings the total number of Toyota and Lexus vehicles covered by Takata recalls in the U.S. to approximately 2,915,000. In the involved vehicles, the front passenger airbag inflators could potentially be susceptible to rupture when deployed and seriously injure vehicle occupants. "Toyota's focus remains on the safety and security of our customers, and we will continue to respond promptly to new developments so we can resolve issues for them as quickly, conveniently and safely as possible," said Dino Triantafyllos, chief quality officer, Toyota Motor North America. Multiple investigations into the root cause of the potential for inflator rupture are taking place, including by Orbital ATK, an independent engineering firm commissioned by an industry-wide joint testing initiative comprised of the ten automotive manufacturers conducting Takata-related recalls. All known owners of the affected Toyota / Lexus vehicles will be notified by first class mail to return their vehicles to a Toyota / Lexus dealer. The dealer will replace the airbag inflator with a newly manufactured one.

Kayaba, Sumitomo to pay millions for price-fixing in US

Kayaba Industry Co, which does business in the US as suspension parts maker KYB, and Sumitomo Electric Industries are facing payments in the millions to settle price-fixing cases about the components that they make. As part of the Department of Justice's ongoing crackdown of price fixing in the auto industry, KYB agreed to pay $62 million and pleaded guilty to conspiracy to set the cost of shock absorbers from the mid '90s through 2012. The company allegedly worked with co-conspirators to keep the cost of the parts high, and those components then made it into vehicles from Honda, Kawasaki, Nissan, Subaru, Suzuki, and Toyota. "Any collusive agreement among competitors to restrict price competition undercuts our free enterprise system and violates the law," said Carter M. Stewart, US Attorney of the Southern District of Ohio, in the DoJ's announcement. Over the past few years, the DoJ has brought cases against 37 parts suppliers and 55 executives, leading to over $2.6 billion in fines. The investigations haven't always been so successful – some of the Japanese execs fled from the US to avoid prosecution. Critics allege that price fixing is simply how business is done. According to Automotive News, Sumitomo Electric Industries is also facing a $50 million settlement in a civil lawsuit that's related to price fixing of parts like wiring harnesses and heater control panels. The plaintiffs include owners and dealers that purchased vehicles with these parts. The company asserts that the violations are from before 2010, and it now has different process in place to avoid further violations. KYB Agrees to Plead Guilty and Pay $62 Million Criminal Fine for Fixing Price of Shock Absorbers Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) has agreed to plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of shock absorbers installed in cars and motorcycles sold to U.S. consumers. According to charges filed today, KYB conspired from the mid-1990s until 2012 to fix the prices of shock absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co. Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation and Toyota Motor Company, including their subsidiaries in the United States.