California Big O Tires Road Hazard Protection Class Action Settlement

Big O Tires LLC has agreed to settle a class action lawsuit that alleges it misleadingly charged consumers for benefits they were already entitled to from a tire protection package.

If you purchased a “Tire Protection Package,” “Service Central Road Hazard,” “King Royal Tire Service,” or other vehicle service contract providing for road hazard protection (TPP) from a California Big O Tires store since Jan. 2, 2009, you may be entitled to benefits from the class action settlement.

The plaintiffs allege Big O sold vehicle service contracts providing for road hazard protection without informing consumers that they were entitled to a 60 day right to cancel the agreement under the Insurance Code and the Song-Beverly Consumer Warranty Act.

The Big O class action lawsuit also accuses the company of failing to adequately disclose to consumers that they were already entitled to certain benefits of the tire protection package without having to purchase it. These benefits reportedly include free flat repair, lifetime tire rotations, lifetime tire rebalancing and a warranty against defects in workmanship or materials.

“Big O uniformly and systematically trains its employees and franchisees to emphasize the supposed ‘benefits’ of the TPP that, in reality, are not provided by the TPP at all,” the Big O class action lawsuit says.

“For example, and not by way of limitation, Big O’s training documents teach salespeople to focus on the free flat repair and free tire rotation supposedly provided by the TPP, when, in reality, Big O is obligated to provide free flat repair and free tire rotations to all of its new tire customers regardless of their purchase of the TPP.”

Big O denies the allegations and claims that it did not violate the law. It maintains that it is covered by the distributor’s exemption and that it was not obligated to provide cancellation rights to its customers. It maintains it has complied with all relevant statutory obligations. However, Big O has agreed to settle the class action lawsuit to avoid the cost and uncertainty of trial.

Class Members who would like to opt out of or object to the Big O Tires settlement must do so no later than June 19, 2018.

Who’s Eligible

Class Members of the Big O Tires settlement include California customers who purchased a “Tire Protection Package,” “Service Central Road Hazard,” “King Royal Tire Service” or other vehicle service contract providing for road hazard protection from Big O Tires on or after Jan. 2, 2009.

Two subclasses of consumers have been certified:

Subclass A: Includes all Class Members who purchased a tire protection package from Big O and, during the same transaction, also purchased a tire installation package that included lifetime balancing.

Subclass B: Includes all Class Members who purchased a tire protection package from Big O but who, during the same transaction, did not also purchase a tire installation package that included lifetime balancing.

Potential Award

$12.46 – $25.51 in cash or coupons.

Members of Subclass A may elect to receive either a $20.54 cash payment or a coupon for $25.51 that can be used for the purchase of goods or services at a Big O Tires location.

Members of Subclass B may elect to receive either a $12.46 cash payment or a coupon for $15.47 that can be used for the purchase of goods or services at any Big O Tires location.

Proof of Purchase

Claimants must provide the Claim ID and PIN Code that was included in the notice of the Big O Tires settlement that was sent to them.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

7/19/2018

Case Name

Fratilla v. Big O Tires LLC, Case No. 37-2013-00028542-CU-BT-CTL, in the Superior Court of the State of California, County of San Diego

Final Hearing

8/24/2018

Settlement Website

www.TireProtectionClassAction.com

Claims Administrator

Fratilla v. Big O Tires
KCC, Settlement Administrator
P.O. Box 404041
Louisville, KY 40233-4041
1-844-210-2592
info@TireProtectionClassAction.com

Class Counsel

Gregory Garrison
TEEPLE HALL LLP

Defense Counsel

Jonathan Solish
Glenn Plattner
BRYAN CAVE LLP

Brian Maciak
TBC CORPORATION