Received Notification of a Class Action After Opt Out Deadline - What Can I Do

[hhamid]

Hello law experts!

I am sure many of you have heard of the Honda civic Hybrid class action settlement. This class action doesn't seem to be that much of benefit to each car owner. So, I am thinking of opting out and fighting out on my own through a small court. However, I just received in mail this notification this past Friday (2/17/2012) and surprisingly enough the deadline for opting out was 2/11/2012! I am very new to class action and wonder what I can do at this point? Given that I was notified past deadline, do I still have an opportunity to opt out? What does the law say on this?

Thanks very much for your help,
Hamid

[Mr. Knowitall]

You can either try to opt out, explaining that you received late notice, or let it go.

[hhamid]

Thanks very much for the reply. I guess my question is whether receiving the notice late is a valid argument given that the class actions gets posted online and in newspapers, etc. I also have heard that everyone is in the class action by default unless he/she decide to opt out. So, given all these do I have any opportunities yet? Anyone having experienced this situation in past?

[Mr. Knowitall]

I'm sure somebody has. That's hardly the point.

What opportunity do you imagine that you will have if you make no effort to opt out?

[flyingron]

As Bullwinkle said, you're free to opt out. However, unless you have some extraordinary damage from whatever the issue involved is, you're legal fees from going it alone are probably going to be bigger than what you would receive. If you think you're going to get some special consideration because you received the notice late, fat chance. Your remedy would be to let you out of the class, that's it.

[hhamid]

Thanks a lot everyone for the comments and advises! I really appreciate it! Well, the reason I really don't want to be in this class action is that what they are offering to honda owners through this class action is absolutely ridiculous. It is $100 cash and a coupon! My hope was to go to a small court similar to what Heather Peters did (see here) and get something on my own! I hear she won almost $10k! I honestly am not sure if I can do that as well. For the most because I have no clue what I have to do and have no documents what so ever, etc but if someone has been able to do this, it seems rather doable?

[cmre3456]

I think maybe you missed the point of what Flyingron said. In order to be compensated, you have to prove actual damages.

Can you state and then prove actual substantial damages in your particular case? Can you list, and put a verifiable monetary amount on those damages?

You have to prove you actually had a monetary loss to claim damages.