BASIC INFORMATION
You have the right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement.
Judge Gerald L. Jackson of the United States District Court for the Eastern District of Oklahoma is overseeing this lawsuit (the “Court”). The lawsuit is known as Hampton v. General Motors LLC, and the case number is 6:21-cv-250-GLJ. If you have received a notice, records of state departments of motor vehicles show that you may have purchased or leased a Class Vehicle in Oklahoma.
The “Class Vehicles” are: 2011-2014 Chevrolet Avalanches, 2011-2014 Chevrolet Silverados, 2011-2014 Chevrolet Suburbans, 2011-2014 Chevrolet Tahoes, 2011-2014 GMC Sierras, 2011-2014 GMC Yukons, and the 2011-2014 GMC Yukon XLs with LC9 engines and manufactured on or after February 10, 2011 (“LC9 Engines”). Any vehicle that has already received adequate piston replacement (i.e., upgraded piston rings) under warranty and at no cost is excluded from the Class.
Plaintiffs allege that the LC9 Engines in the Class Vehicles contain an inherently defective piston assembly and that the defect causes excessive engine wear in every Class Vehicle. Plaintiffs allege that excessively worn piston rings leads to excessive oil consumption, which causes spark plug fouling, rough idling, rough acceleration, check engine light activation, engine shutdown commands from the instrument cluster, oil loss/burn and may eventually lead to permanent engine damage or shutdown.
Plaintiffs further allege that GM was aware of the alleged defect and they seek to recover economic damages. Plaintiffs are not pursuing claims for personal injuries or damage to other property.
GM denies any wrongdoing or liability for the claims alleged and specifically denies that any Class Vehicle is defective.
In a class action lawsuit, people called the “Class Plaintiffs” sue on behalf of themselves and other people who have similar claims. All of the people together are called a “Class” or “Class Members.” The company the Class Plaintiff has sued, General Motors LLC (“GM”), is called the Defendant. One court resolves the issues for everyone in the Class, except for those people who exclude themselves from the Class.
GM denies that it did anything wrong. The parties have agreed to a Settlement, which will allow both sides to avoid the risk and cost of further litigation. The Court has not decided in favor of the Class Plaintiff or GM.
WHO IS IN THE SETTLEMENT
The Settlement Class includes all current owners or lessees as of September 26, 2024 of a Class Vehicle that was purchased or leased in the State of Oklahoma.
The Class Vehicles are 2011-2014 Chevrolet Avalanches, 2011-2014 Chevrolet Silverados, 2011-2014 Chevrolet Suburbans, 2011-2014 Chevrolet Tahoes, 2011-2014 GMC Sierras, 2011-2014 GMC Yukons, and the 2011-2014 GMC Yukon XLs with LC9 engines manufactured on or after February 10, 2011. Any vehicle that has already received adequate piston replacement (i.e., upgraded piston rings) under warranty and at no cost is excluded from the Class.
Also excluded from the Class are: GM; any affiliate, parent, or subsidiary of GM; any entity in which GM has a controlling interest; any officer, director, or employee of GM; any successor or assign of GM; and any judge to whom this Action is assigned, and his or her spouse; and current or former owners of a Class Vehicle who previously released their claims in an individual settlement with GM which claims would otherwise be covered by the Release in this Action.
If you are not sure whether you are a Class Member, or have any other questions about the Settlement, you should call the Settlement Administrator toll-free at 1-844-939-5473. Do not call the Court.
WHAT ARE THE TERMS OF THE SETTLEMENT
The Settlement provides monetary relief to all Class Members. All Class Members will be entitled to a pro rata share of a $24,883,000 Settlement Amount. The amount that each Class Member will receive will depend on the final number of Class Members, the total amount of Settlement Expenses, including the costs of Class Notice and administration, attorneys’ fees and costs, and Service Awards, awarded by the Court.
It is estimated that each Class Member will receive approximately $815.40 less Attorneys’ Fees and Expenses, Service Award, Settlement Administration Expenses and Taxes.
If you received a mailed or email notice that does not ask you to complete the Identification Form, you are entitled to a direct payment, and you do not need to file a claim. You will receive a direct payment from the Settlement Administrator. It is in your best interest to provide the Settlement Administration with a completed IRS Form W-9 through the Settlement Website or by mail. Failure to provide a completed Form W-9 will result in a Federal Income Tax backup withholding of 24%. To avoid potential tax complications down the line, it is strongly in your best interest to submit a completed W-9 form.
IMPORTANT: If you received Notice to complete the Class Member Identification Form and meet the Class definition, you must complete the Class Identification Form in order to receive a payment. You may complete the online form here or you may download a form here. You must complete the form, and it must be postmarked or received no later than July 28, 2025.
If you are a Class Member and do not exclude yourself from the Class, you cannot sue, continue to sue, or be a part of any other lawsuit against GM for claims released in this settlement. It also means that all decisions by the Court in this case will bind you.
The Released Claims and Releases are defined in the Settlement Agreement. The Released Claims relate to the Oil Consumption Defect alleged in the lawsuit, and are defined in the Settlement Agreement. Both the Settlement Agreement and the operative complaint are available here. The Released Claims do not include claims for deaths, personal injury, or damage to tangible property other than a Class Vehicle.
PARTICIPATING IN THE SETTLEMENT
If you received a mailed or email notice and would like to update your contact information, you must contact the Settlement Administrator at info@OklahomaGMEngineLitigation.com, call 1-844-939-5473, or mail to:
GM 5300 LC9 Oklahoma Class Action
P.O. Box 4905
Baton Rouge, LA 70821
If you received a notification from the GM 5300 LC9 Oklahoma Class Action Administrator it is in your best interest to provide a copy of an IRS Form W-9. Please either (a) visit the online W-9 submission form here and submit your form online, or (b) print, fill out, and mail the form to the Settlement Administrator at the following address: GM 5300 LC9 Oklahoma Class Action, P.O. Box 4905, Baton Rouge, LA 70821. The deadline for submitting is July 28, 2025. Failure to provide a completed Form W-9 will result in a Federal Income Tax backup withholding of 24%. Due to the anticipated value of Settlement Payments, the Settlement Administrator will be required by IRS regulations to issue a Form 1099 whether or not you complete a Form W-9. To avoid potential future tax complications, it is in your best interest to submit a completed Form W-9.
Settlement Payments will be made after the Final Effective Date, as defined in the Settlement Agreement. This will be after the Court grants “final approval” to the Settlement, and after any appeals are resolved. If the Court approves the Settlement, there may be appeals. It is always uncertain when these appeals will be resolved and resolving them can take time.
If you received a mailed or email notice that does not ask you to complete the Identification Form, you are entitled to a direct payment, and you do not need to file a claim or take any further action. You will receive a direct payment from the Settlement Administrator.
IMPORTANT: If you received Notice to complete the Class Member Identification Form and meet the definition of a Class Member, you must complete the Class Identification Form in order to receive a payment. You may complete the online form here or you may download a form here. You must complete the form, and it must be postmarked or received no later than July 28, 2025.
If you are unsure what notice you received, enter the Notice ID found on your Notice to verify what action you need to take, if any, to receive your payment.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want to be bound by this Settlement, you must request to be excluded from the Class. If you request to be excluded, you will retain any individual rights you have against Defendant and will not have “released” it from any of the Released Claims. However, you will not be eligible to receive compensation under the Settlement, as described above. You also may not object to the Settlement if you request to be excluded.
To exclude yourself (or “opt-out”) from the Settlement, you must mail to the Settlement Administrator at the below address a written request to be excluded.
Your written exclusion request must contain:
- the name and case number of this lawsuit: Hampton v. General Motors, LLC, No. 6:21-cv-250-GLJ;
- your full name, current residential address, mailing address (if different), email address, and phone number;
- the model, model year, Vehicle Identification Number (“VIN”) of the Class Vehicle(s), the dealership name, city and state, and approximate date(s) of purchase or lease;
- state that you wish to be excluded from the Settlement; and
- your dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient).
You must send your exclusion request to the address listed below:
GM 5300 LC9 Oklahoma Class Action
P.O. Box 4905
Baton Rouge, LA 70821
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims that this Settlement resolves (i.e., those claims defined in the Settlement Agreement as the “Released Claims”). If you have a pending lawsuit against Defendant regarding similar claims, speak to your lawyer in that lawsuit immediately. You may need to exclude yourself from this Settlement to continue your own lawsuit. If you properly exclude yourself from the Settlement, you will not be bound by any orders or judgments entered in the Action relating to the Settlement.
No. You will not get any money from the Settlement if you excluded yourself.
OBJECTING TO THE SETTLEMENT
If you are a Class Member, you can ask the Court to deny approval by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Payments will be sent out, and the lawsuit will continue.
Any objection to the proposed Settlement must be in writing. If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
All written objections and supporting papers must include:
- the name and case number of this lawsuit: Hampton v. General Motors LLC, No. 6:21-cv-250-GLJ;
- your full name, current residential address, mailing address (if different), email address, and phone number;
- an explanation of your objection, including the make, model year, and VIN(s) of the Class Vehicle(s), and whether the Class Vehicle is currently owned or currently leased by the Class Member;
- whether the objection applies only to you, to a specific group within the Class, or to the entire Class. You must also include all reasons for the objection, any legal support for it, and any documents or other evidence you believe supports your objection;
- copies of any documents the you wish to submit in support;
- the full name, telephone number, mailing address, and e-mail address of counsel representing you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement Agreement and/or the request for Attorneys’ Fees and Expenses;
- a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel;
- the identity of all counsel (if any) who will appear on your behalf at the Final Approval Hearing and all persons (if any) who will be called to testify in support of the objection; and
- your handwritten signature and date of signature (an electronic signature or attorney’s signature is not sufficient), in addition to the signature of any attorney representing you in connection with the objection, and the date of the objection.
- In addition, you must provide a list of any other objections you’ve submitted, or your counsel has submitted, to any class action settlements in any court in the United States in the previous five (5) years including the caption and case number of each case in which the objector has made such objection and the caption and case number of any related appeal, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection.
Objections must be mailed to the Clerk, United States District Court for the Eastern District of Oklahoma, PO Box 607, Muskogee, OK 74402, postmarked on or before July 28, 2025.
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you. Therefore, if you submit both a Request for Exclusion Form and Objection, you will be deemed to have opted out of the Settlement, and thus to be ineligible to object. However, any objecting Class Member who has not timely submitted a completed Request for Exclusion Form will be bound by the terms of the Agreement upon the Court’s final approval of the Settlement.
THE ATTORNEYS REPRESENTING YOU
Yes. The Court has appointed Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., and DiCello Levitt LLP as Class Counsel. The lawyers will be compensated from the Settlement Fund, in an amount to be determined by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel spent considerable time litigating this matter on a purely contingent fee basis, and advanced the expenses of the litigation, in the expectation that they would receive a fee, and have expenses reimbursed, only if there was a benefit created for the Class.
Class Counsel will file a motion on or before June 23, 2025 seeking an award of up to thirty-eight percent (38%) of the Settlement Fund in fees, and reimbursement of case expenses. Class Counsel will also seek on behalf of the Class Plaintiff a Service Award in the amount of fifteen thousand dollars ($15,000). The Court will determine the amount of fees, expenses, and service awards that will be paid from the Settlement Fund.
After Class Counsel’s motion for attorneys’ fees, expenses, and service awards is filed on or before June 23, 2025, it will be posted on the Settlement Website here, and you will have an opportunity to review and comment on the motion via an Objection.
THE COURT’S FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing (sometimes called a “fairness hearing”) on September 15, 2025, at11:00 a.m. CST. PLEASE NOTE THAT the date of the final approval hearing date may change without further notice to the Class. It is strongly advised to check the Settlement Website or the Court’s PACER site to confirm that the date has not been changed.
At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider how much to award to Class Counsel and the Class Representative. If there are objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Settlement.
No. Class Counsel will answer any questions that the Court may have, but you may come at your own expense. If you submit an Objection, you do not have to come to the Court to talk about it. As long as you filed or mailed your written objection to the proper addresses, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
Yes. You may appear and speak at the Final Approval Hearing. Class Members who wish to appear are requested, but not required, to mail to the Court a Notice of Intent to Appear.
For objecting Class Members who are represented by an attorney, the attorney must file with the Court a notice of appearance and Points and Authorities in support of the objection, which shall contain any and all legal authority upon which the objector will rely and confirm whether the attorney intends to appear at the Final Approval Hearing. Copies of these documents must be filed with the Court and delivered to Class Counsel and Defendant’s Counsel no later than July 28, 2025.
If you exclude yourself, however, you may not appear and be heard.
WHAT HAPPENS IF YOU DO NOTHING
If you do nothing, you will be a member of the Class and will be bound by the release of Claims in this Settlement, and you will be issued a Settlement Payment.
IMPORTANT: If you receive a notice by mail or email to complete the Class Member Identification Form, and timely complete the form, you may be issued a Settlement Payment. Unless you exclude yourself, if the Settlement is approved, you will not be able to start a lawsuit, or be part of any other lawsuit, against GM relating to the claims alleged in this case.
WHERE CAN I GET MORE INFORMATION
This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement and in case documents, which are available here. If you have additional questions, you can contact the Settlement Administrator at info@OklahomaGMEngineLitigation.com. You may also access the Court’s docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.oked.uscourts.gov; or by visiting the office of the Clerk of the Court for the United States District Court for the Eastern District of Oklahoma, 101 North 5th Street, Muskogee, OK 74401, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
Court-Appointed Class Counsel
Adam J. Levitt |
H. Clay Barnett, III |
Settlement Administrator
GM 5300 LC9 Oklahoma Class Action
P.O. Box 4905
Baton Rouge, LA 70821
PLEASE DO NOT CALL OR WRITE THE COURT, THE COURT CLERK, OR GENERAL MOTORS ABOUT THE CLASS ACTION OR THE LITIGATION PROCESS.