A new litigation trend?

When the class action system doesn’t work, sue elsewhere? That’s what Californian Heather Peters is doing.

The situation started when the Los Angeles woman was perturbed that her 2006 Honda Civic hybrid car did not reach its claimed fuel economy. Cases like this typically become class action lawsuits – especially in California.

Peters’ dissatisfaction intensified when she heard the proposed class action settlement would leave the trial lawyers with $8.5 million while she took a $100 rebate coupon home that could go towards the purchase of a new vehicle. Not to be too cynical, but that coupon sounds generous compared to some we’ve heard about in the past.

Peters’ solution: she’s taking her case to Small Claims Court in Torrance, California. IN this court, the law doesn’t allow Honda to bring in an attorney.  In her case, she’s seeking a maximum of $10,000 to compensate for the amount of money she ultimately spent on gasoline: Honda boasted that the car would get 50 miles to the gallon, but Peters’ car got closer to 30 miles to the gallon.

Peters’ is also doing some advocacy around her situation, urging “Honda owners across the country to do the same.” In addition, Peters created a DontSettleWithHonda.org website and a DontSettleWithHonda Twitter account which “include a link to state-by-state instructions for filing these lawsuits, which have low fees and minimal paperwork.” The Los Angeles Times reported that up to half a million people are eligible to file similar claims.

Reading our minds, the Los Angeles Times writes, “If she's successful in getting others to follow her example, Peters could inspire a whole new litigation strategy in the auto industry and other businesses. Working together but filing lawsuits independently, consumers could force companies to go mano a mano with individual plaintiffs in far-flung courtrooms nationwide.”

Interesting.