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#1 User is offline   crimson49er 

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Posted 01 March 2010 - 05:33 PM

I just got a "notice of pendency of class action lawsuit" filed against suzuki motors for K5/K6 frames. the proposed settlement is either $500 of a new suzuki moto (over $8000) or $40 off a service or purchase at a dealer. If you have not received a claim form you can go to www.suz.hrsclaims.com and file.

word of warning though, there is clear language that states "you will give up & release all known or unknown claims that you may have related to assertions that the 2005 or 2006 model year Suzuki GSXR-1000 has a weakness in the frame..."

You will be automatically included unless you specifically request exclusion by written request (no later than March 12th 2010):
Kirk David v American Suzuki Motor Corp. Litigation Claims Administrator
C/O Heffler, Radetich, & Saitta LLP
P.O. Box 300
Philadelphia, PA 19105-0300
Your request must contain a statement requesting exclusion from the settlement and the name of this court case and case # (Kirk David v American Suzuki Motor Corporation, et al., Case No. 1:08-CV-22278). You must also include your name, address, telephone, model year, VIN, and a statement of intent to exclude yourself from the class settlement. You must also sign it personally.

basically if you have a claim, or want to reserve right to a claim in the future, write the exclusion letter and send it in. I just received this today & it's due in 11 days!

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#2 User is offline   Zippy 

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Posted 01 March 2010 - 05:55 PM

Interesting. Thanks for the heads up.
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#3 User is offline   outofmydepth 

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Posted 01 March 2010 - 07:33 PM

Who did the notice come from?
Sean

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#4 User is offline   JordanGSXR 

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Posted 01 March 2010 - 07:40 PM

only for 1000's??? or 750 and 600 as well?
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#5 User is offline   crimson49er 

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Posted 01 March 2010 - 08:00 PM

outofmydepth said:

Who did the notice come from?

the law firm noted above. they have to send out notice for a class action suit

JordanGSXR said:

only for 1000's??? or 750 and 600 as well?


only the 1000's are a part of this

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#6 User is offline   Trueblood 

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Posted 01 March 2010 - 09:11 PM

if i were you guys i would send an exclusion letter. if anything does happen to your frame because of this you are gonna wish you hadn't taken the 40 bux off a purchase
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#7 User is offline   outofmydepth 

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Posted 01 March 2010 - 09:14 PM

Just seems strange to me that you are automatically included unless you actively opt out.
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#8 User is offline   motomummy 

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Posted 01 March 2010 - 09:17 PM

+1. i didn't even think of that.

Trueblood said:

if i were you guys i would send an exclusion letter. if anything does happen to your frame because of this you are gonna wish you hadn't taken the 40 bux off a purchase

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#9 User is offline   crimson49er 

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Posted 01 March 2010 - 09:31 PM

Trueblood said:

if i were you guys i would send an exclusion letter. if anything does happen to your frame because of this you are gonna wish you hadn't taken the 40 bux off a purchase


exactly!

outofmydepth said:

Just seems strange to me that you are automatically included unless you actively opt out.


actually thats how class action lawsuits work. i gotten a few letters like this over the years for suits filed against sprint, at&t, general motors to name a few

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#10 User is offline   Zippy 

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Posted 02 March 2010 - 01:19 AM

Trueblood said:

if i were you guys i would send an exclusion letter. if anything does happen to your frame because of this you are gonna wish you hadn't taken the 40 bux off a purchase


Yep. Except if you've already crashed your bike and there's any evidence of it.

In my case, I wouldn't exclude myself as Suzuki could easily claim that any damage to my frame is the result of racing/track riding.

Too much evidence that my bike is a former racer and has been laid down.
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#11 User is offline   Squidward 

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Posted 02 March 2010 - 05:10 AM

Good info :hammer


Zippy said:

Yep. Except if you've already crashed your bike and there's any evidence of it.

In my case, I wouldn't exclude myself as Suzuki could easily claim that any damage to my frame is the result of racing/track riding.

Too much evidence that my bike is a former racer and has been laid down.




If you did have a frame problem that resulted in a crash, they prob wouldn't be able to tell previous damage from the new damage. I'd send one in anyway, never hurts
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