1. Why is there a notice?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. I’m still not sure if I am included.
7. What does the Settlement provide?
8. What can I get from the Settlement?
9. How can I get my Settlement Benefits?
10. When would I get my Settlement Benefits?
11. What am I giving up to get Settlement Benefits or stay in the Class?
12. How do I get out of the Settlement?
13. If I don’t exclude myself, can I sue Adams Toyota for the same thing later?
14. If I exclude myself, can I get benefits from this Settlement?
15. Do I have a lawyer in this case?
16. How will the lawyers be paid?
17. How do I tell the Court that I don’t like the Settlement?
18. What’s the difference between objecting and excluding?
19. When and where will the Court decide whether to approve the Settlement?
20. Do I have to come to the hearing?
21. May I speak at the hearing
22. Are there more details about the Settlement?
23. How do I get more information?
You or someone in your family may have purchased a vehicle with ResistAll/EnviroGuard from Adams Toyota between August 17, 2019, and February 11, 2027. The Court authorized the Short Form Notice because you should know about a proposed settlement of a class action lawsuit in which you may be a Settlement Class Member, and about all your options, before the Court decides whether to approve the Settlement. If the Court approves it, and after objections and appeals, if any, are resolved, Settlement Class Members will receive payments, as described more fully in the Notice. The Notice explains in greater detail about the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge is the Sixteenth Judicial Circuit Court for Jackson County, Missouri, and the case is Erin Foley, Individually and on behalf of a class of similarly situated individuals, v. Adams Auto Corp. d/b/a Adams Toyota, Case No. 2416-CV18198.
Back To Top
The lawsuit claimed Adams Toyota violated statutory and other legal requirements when it sold customers vehicles with required ResistAll/EnviroGuard add-on products. You can read the claims in more detail in Plaintiff’s Amended Petition on this website. Adams Toyota denied all alleged liability and denied that it violated any of the statute or common law at issue.
Back To Top
In a class action, one or more people called Class Representatives (in this case, Erin Foley) sue for other people with similar claims. The people with similar claims are “Settlement Class Members,” or collectively, the “Class.” One court and one lawsuit resolve the issues for all Settlement Class Members, except for those who exclude themselves from the Class. Circuit Judge Kenneth Garrett oversees this class action.
Back To Top
The parties disagree over who would have won and what Foley or the potential Class would’ve recovered if they had won. Foley believed she could recover the cost of the ResistAll/EnviroGuard she purchased and other relief. Adams Toyota believed Foley and the Class were entitled to nothing. To resolve the dispute, and because both parties are unsure of what would’ve happened in a trial, they agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get Settlement Benefits.
To see if you will get benefits from this Settlement, you first must decide if you are a Settlement Class Member.
Back To Top
Per the Settlement Agreement, everyone who fits this description is a Settlement Class Member:
Customers who received ResistAll/EnviroGuard with their vehicle purchase between August 17, 2019, and February 11, 2027.
Back To Top
If you are still not sure whether you are included, you can ask for free help. You can call (833) 360-6865 for more information.
Back To Top
Adams Toyota has agreed to provide the Class with Settlement Benefits valued at $4,250,000.00, which include payment of: (a) Claims by Settlement Class Members who purchased the ResistAll/EnviroGuard product with their vehicle purchase; (b) the attorney’s fees and expenses for representing the Class; (c) the costs of class administration; and (d) an incentive award to Erin Foley (Plaintiff) for her services as Class Representative. This amount is called the “Cash Fund.”
Back To Top
Settlement Class Members who submit valid Claims will receive Settlement Benefits in the forms of a Settlement check and Settlement gift card redeemable for goods and services at Adams Toyota. The amount of the payment you receive depends on which Recovery Group you are in, the details of your purchase, and how many Class Members submit valid claims. Your payment, if any, will be calculated using formulas outlined in the Settlement Agreement. For most eligible Class Members, any payment will be split 50% by check and 50% in a closed loop Adams Toyota gift card. Certain qualifying Recovery Group 1 Class Members whose Net Cost for ResistAll/EnviroGuard is less than $150.00 and who submit a valid claim may receive a Minimum Recovery Amount of $150.00, paid as $100.00 by check and a $50.00 gift card, subject to the Settlement’s terms and overall fund limits. The exact amount of benefits each Settlement Class Member receives may also depend upon the total number of Settlement Class Members and the amount remaining in the Cash Fund after attorneys’ fees and costs are deducted.
Settlement Class Members are strongly encouraged to consult with a tax professional about the tax effects of any money and other benefits received from this Settlement. The attorneys in this case cannot provide you with any tax advice, and your receipt of benefits under this Settlement might have tax consequences.
Back To Top
In order to receive the benefits that come from the Settlement, you must submit an actual, valid, and timely Claim Form that is processed and verified after submission. The Claim Form must be filled out with your name, address, telephone number, last four digits of your Social Security Number, Vehicle Identification Number, and the name of any other person on your vehicle purchase agreement paperwork with Adams Toyota (if applicable).
To permit the Settlement Administrator to determine which Recovery Group in which to include you, you must also answer the following questions that are included in the Claim Form:
Employee Status: Are you a current or former Adams Toyota employee or family member who received reduced pricing on a vehicle purchase?
Warranty Status: Have you made a ResistAll/EnviroGuard warranty claim on a vehicle you purchased from Adams Toyota?
Current Ownership: Do you still own the vehicle you purchased from Adams Toyota with ResistAll/EnviroGuard?
Finally, along with your fully completed Claim Form, you must also submit proof of your continuous and current ownership of the vehicle purchased from Adams Toyota with the ResistAll/EnviroGuard product. Proof may include a copy of the certificate of title or ownership, vehicle registration documentation, or vehicle insurance documentation.
If you do not include this information and documentation the Settlement Administrator may not be able to verify that you are a Settlement Class Member and you may not receive any Settlement Benefits. The Settlement Administrator shall have the sole discretion in determining whether you are entitled to any Settlement Benefits based on the information contained in your submitted Claim Form and supporting documentation. The Settlement Administrator’s denial of a Claim based on a Class Member’s failure to provide any of the items mentioned in this FAQ is not appealable by the Settlement Class Member.
You must submit your Claim Form and supporting documentation to the Settlement Administrator. Claim Forms may be submitted online here, or are available for download here to be submitted by U.S. Mail, email, or by facsimile at the following address:
Foley v Adams Auto Corp.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
info@AdamsAutoSettlement.com
Fax: (714) 917-7455
If the Claim Form is mailed by U.S. Mail, it must be postmarked on or before February 11, 2027, or it will be rejected as untimely. If the Claim Form is submitted online or by email or by facsimile, it must be submitted to the Settlement Administrator no later than 11:59 p.m. on February 11, 2027, as determined by the Settlement Administrator’s records.
If you do not submit a Claim Form and the required supporting documentation by this deadline, your claim may be denied. The Settlement Administrator is the lone judge of whether a Claim Form is submitted timely. There shall be no appeal from the Settlement Administrator’s denial of payment based on an untimely or unverifiable Claim Form.
If you fail to timely submit a verifiable Claim Form and supporting documentation, and you do not exclude yourself as described below in Question 12, you will not receive any Settlement Benefit, but you will still be bound by any judgments issued by the Court and the Class Settlement and its release provisions.
Back To Top
The Court will hold a hearing on December 7, 2026, at 9:00 a.m. to decide whether to approve the Settlement. Even if Judge Garrett approves the Settlement, there may be appeals. It’s always uncertain how an appeal will be resolved and how long it will take. Some appeals take more than a year. Please be patient. You’ll receive your payment if the Settlement is approved and after that approval becomes a “final judgment” (i.e., after any appeals are resolved or the time for appealing has passed).
Back To Top
Unless you exclude yourself by following the procedure below, you are a part of the Class, and that means you can’t sue, continue to sue, or be part of any other lawsuit against Adams Toyota about the same legal issues in this lawsuit. For example, you won’t be able to make any independent claim against Adams Toyota arising from your purchase of ResistAll/EnviroGuard that this lawsuit is about. Staying in the Class also means all the Court’s orders in this lawsuit will apply to you and legally bind you. To see exactly the legal claims and defenses you give up if you get Settlement Benefits, please view the Settlement Agreement.
Back To Top
If you don’t want benefits from this Settlement, but you want to keep the right to sue or continue to sue Adams Toyota on your own about these legal issues, then you must try to get out of the Settlement. This is called “excluding” yourself, or is sometimes called “opting out” of the Settlement Class.
To exclude yourself from the Settlement, you must send a letter by mail saying you want to be excluded from Erin Foley, Individually and on behalf of a class of similarly situated individuals, v. Adams Auto Corp. d/b/a Adams Toyota, Case No. 2416-CV18198. Your request must specifically reference the name of this case. Include your name, address, telephone number, last four digits of your Social Security Number, and the name of any other person on your vehicle purchase agreement paperwork with Adams Toyota, along with your signature. The exclusion request must be signed by you and by any co-borrower on your purchase agreement, unless the co-borrower is deceased, in which case you must include a death certificate with your request. You cannot exclude yourself by having an actual or purported agent or attorney acting for you or a group of Settlement Class Members sign the letter. You must mail your exclusion request postmarked no later than October 20, 2026, to:
Foley v Adams Auto Corp.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
If you ask to be excluded, you will get no Settlement Benefits, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may sue (or continue to sue) Adams Toyota about the claims asserted.
Back To Top
No. Unless you exclude yourself, you give up any right to sue Adams Toyota for the claims this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is October 20, 2026. Exclusion requests postmarked later than this date will not be honored.
Back To Top
No. But you may sue, continue to sue, or be part of a different lawsuit against Adams Toyota about the same claims made.
Back To Top
The Court appointed Paul D. Anderson and Mark Schloegel of The Popham Law Firm and Kenneth McClain and Jonathan Soper of the law firm Humphrey, Farrington, & McClain, P.C. to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. They are experienced in handling similar cases against consumer lenders. More information about these lawyers and their firm is available at www.pophamlaw.com and www.hfmlegal.com. You do not need to hire your own lawyer because Class Counsel is working for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
Back To Top
Class Counsel has prosecuted this litigation on a contingent basis and has incurred or advanced all costs, expenses, and attorney’s fees associated with the lawsuit since their investigation of claims against Adams Toyota in 2024. Class Counsel has not been paid for their work or received reimbursement for the expenses they have incurred or advanced for the Class Representative and Settlement Class Members. Class Counsel will ask the Court to approve payment of approximately 35% of the value of the Settlement Benefits, not to exceed $1,500,000.00, to them for attorneys’ fees and costs and payment of $10,000.00 to Erin Foley for her services as Class Representative. The fees and expenses would pay Class Counsel for investigating the facts, litigating the case, negotiating the Settlement, and to assist in the administration of the Settlement and pay the costs to administer the Settlement.
Back To Top
If you’re a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can explain why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying you object to Erin Foley, Individually and on behalf of a class of similarly situated individuals, v. Adams Auto Corp. d/b/a Adams Toyota, Case No. 2416-CV18198. You must specifically reference the name of this case.
Your letter must be in writing and include your name, address, telephone number, facsimile number (if available), email address (if available), last four digits of your Social Security Number, a statement of your objections, and the reasons and facts you contend support each of your objections.
Your objection must include any documents (including buyers orders, retail installment contracts, receipts, ResistAll/EnviroGuard registration forms, warranty forms and/or other registration forms) in your possession that you rely upon to support your objection and identify any witnesses you plan to use at the Fairness Hearing (described below, see Question 19). If there is other evidence (e.g., documents) that you rely upon for your objection, you must attach copies to your objection.
If you plan to use expert witnesses about your objection, you must provide—with your objection—an expert report for each expert outlining the expert’s opinions and the facts and reasons for the expert’s opinions. You must also state whether you intend to appear at the Fairness Hearing and provide copies of any evidence you intend to use at the hearing.
Finally, you must sign and date the objection and include a statement substantially in this form: “I declare (or certify, verify, or state) under penalty of perjury that all of the information in the objection is true and correct. Executed on (date). (Signature).” You must mail or hand-deliver your objection and all supporting documents to the Court, to Class Counsel, and to Adams Toyota’s Counsel at the separate addresses below. Your objection must be postmarked no later than October 20, 2026:
Court | Class Counsel | Adams Toyota’s Counsel |
Eastern Jackson County Courthouse | Paul D. Anderson | Timothy J. Wolf |
If an attorney is submitting the objection for you, besides information and materials discussed above, the objection must include the name, address, telephone number, facsimile number (if available), and email address (if available) of your attorney and a detailed description of the legal authorities supporting each objection.
If you file an objection, Class Counsel or Adams Toyota’s Counsel may notice and take your deposition, consistent with the Missouri Supreme Court Rules, at an agreed-upon location before the Fairness Hearing and seek any documentary evidence or other tangible things relevant to the objection. Failure by an objector to comply with discovery requests may cause the Court to strike the objection and otherwise deny that person the opportunity to be heard further. The Court reserves the right to tax the costs of any such discovery to the objector or objector’s counsel should the Court determine the objection is frivolous or is made for an improper purpose.
Back To Top
Objecting is telling the Court you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
Back To Top
The Court will hold a Fairness Hearing at 9:00 a.m. on December 7, 2026, at the Sixteenth Judicial Circuit Court, Jackson County, Missouri, 308 West Kansas Avenue, Independence, MO 64050. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Garrett will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the Settlement. We don’t know how long these decisions will take.
Back To Top
No. Class Counsel will answer questions that Judge Garrett may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. If you mailed your written objection on time with all the required information, the Court will consider it. You may also pay your own lawyer to attend, but that is unnecessary.
Back To Top
You may ask the Court for permission to speak at the Fairness Hearing. You may speak either for or against the Settlement. To speak for the Settlement, you must send a letter saying it is your “Notice of Intention to Appear in Erin Foley, Individually and on behalf of a class of similarly situated individuals, v. Adams Auto Corp. d/b/a Adams Toyota, Case No. 2416-CV18198.” Include your name, address, telephone number, last four digits of your Social Security Number, and your signature. Your “Notice of Intention to Appear” must be postmarked no later than October 20, 2026, and be sent to the Eastern Jackson County Courthouse, Class Counsel, and Adams Toyota’s Counsel, at the five addresses provided above in Question 17. If you plan to speak at the Fairness Hearing to tell the Court you do not like something about the Settlement, you must submit an objection as detailed above and include with that objection a statement that you intend to appear at the Fairness Hearing. The identity of any witnesses or experts you plan to present at the Fairness Hearing, with evidence you intend to present at the Fairness Hearing, must also be included with your objection.
You cannot speak at the hearing if you excluded yourself or if you don’t send in a request with the required information and documents.
Back To Top
This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement.
Back To Top
You can call (833) 360-6865, or view the Settlement Agreement, where you will find more information to help you determine whether you are a Settlement Class Member.
Do not contact the Court, Defendant, or Defense Counsel regarding this Settlement.
Back To Top