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Class action law firm investigates Hino over 860k vehicles sold with tampered data

Class action law firm investigates Hino over 860k vehicles sold with tampered data

An Australian class action law firm is taking on a subsidiary of Toyota over concerns that the carmaker faked data so that it could receive tax breaks from the government.

Bannister Law announced on Monday that it is investigating Hino Motor Sales Australia, which manufactures trucks and buses sold around the globe and is an affiliate of Toyota.

Hino has sold an estimated 860,000 vehicles with the promise of having low exhaust emissions and good fuel economy when the data had actually been faked.

Bannister Law said it was trying to see if Hino had breached the Road Vehicle Standards Act 2018 and the Motor Vehicle Standards Act 1989 and is considering launching a class action.

It comes just a few days after revelations from earlier this month that Hino Motors had falsified emissions data on some engines going back almost 20 years.

The truck-maker said an engine data falsification scandal had started as far back as 2004 and not in 2016 as previously admitted.

Globally, it’s understood there are 26 different engine types impacted by the tampered data, and 860,000 vehicles have been caught up in the scandal altogether. At least 39,000 Hino vehicles have been sold in Australia from 2012 to 2021, but it is unclear if all or just some of them were falsely represented to customers.

Hino had to recall 47,000 vehicles made between April 2017 and March this year over the data scandal. An additional 20,900 will be recalled in the near future.

Bannister Law is calling for all Australians who owned or leased a Hino vehicle at any point between 2004 and 2021 to register in an online form.

It is so far unclear which truck models were impacted by the scandal.

Just three days ago, to US law firm, Lieff Cabraser, started a class action against Hino over the same concerns.

“Lieff Cabraser is investigating reports that Hino Motors and majority Hino owner Toyota Motor Corporation (the Japanese parent of Toyota North America) have publicly admitted to intentionally cheating on their bus and truck vehicles’ emissions,” the legal company stated.

The case has been brought to the Southern District of Florida and the firm confirmed it was seeking more than $5 million in damages.

In March this year, Hino announced it had discovered widespread tampering evidence dating back to September 2016 and engaged an independent committee to investigate.

But in early August, that committee came back with a damning report that found the malpractice stretched back as far as 2004.

Investigators stated in their findings: “Hino cannot escape the determination that it made a false report.”

It was also discovered that a tax reprieve was a key motivator behind the malpractice.

Hino “aimed to achieve the fuel consumption standards in order to be eligible for tax preferential treatment but failed to achieve its goal, and thus, it engaged in misconduct by intentionally adjusting the calibration values ​​of the fuel flowmeter in order to meet the specification values ​​required. for application,” the report also stated.

Data was also falsified by measuring “the idling fuel flow quantity before the fuel flow quantity was stabilized and engaged in misconduct by intentionally selecting advantageous fuel consumption data”.

The findings, led by committee chairman Kazuo Sakakibara, claimed employees were not offered “psychological safety” and were “unable to change” due to the company’s past successes.

Representatives at Hino said the scandal was brought on by an “environment where engineers did not feel able to challenge superiors”.

Hino’s president Satoshi Ogiso apologized to reporters after the report’s bombshell findings, claiming the company’s management took its responsibilities and public image seriously.

Mr Ogiso said he received a message from Toyota president Akio Toyoda, who reeled at the scandal, accusing Hino of betraying the trust of company stakeholders.

In a statement, Hino said it “deeply apologizes for any inconvenience caused to its customers, shareholders, investors and other stakeholders”.

“Hino is currently investigating the impact of these matters on its earnings and will disclose any updates as appropriate in a timely manner,” it added.

News.com.au has contacted Hino for comment.

Bannister Law won the recent class action against Toyota for DPF issues and also won cases against Volkswagen and Audi. It is currently conducting a class action against Mitsubishi.

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Business

F45 founder sells home amid class action investigations after stock market plunge

F45 founder sells home amid class action investigations after stock market plunge

A struggling Australian fitness franchise that has been savaged on the stock markets is now facing not one, but five potential lawsuits.

F45 Training Holdings Inc, known for its high intensity interval training (HIIT) classes, was at first an Australian success story after hitting the New York Stock Exchange in July last year and raking in $500 million on the first day.

But two weeks ago things drastically changed; the company’s founder and CEO Adam Gilchrist stepped down while 110 employees were laid off and expansion plans were slashed significantly.

Stock prices plunged off the back of the news and dipped to 62 per cent of its original price at its lowest, when it sank to $US1.35 ($A1.90) on July 27.

At time of writing, according to MarketWatch, F45 stock was trading at $US2.15 ($A3) compared to its listing price of $US16 ($A22.50) just a year earlier.

Now five heavyweight class action law firms from the US are calling for investors to come forward to explore the possibility of filing a class action.

The firms are investigating whether F45 misrepresented itself to investors and the most recent legal firm only announced it was investigating the company on Friday.

In July last year at its initial public offering, F45 sold 18.75 million shares of stock priced at $US16.00 per share.

It had a stunning $US1.46 billion ($A2 billion) market capitalization however that has since slipped to $US183.6 million ($A258.60).

In May, F45 thought it had secured a $US250 million ($A350 million) line of credit to keep rapidly expanding but by the next investor’s meeting in July, this had failed through.

But during the July trading update, investors learned that credit line would not be available.

After planning to roll out 1500 new franchises this year F45 will instead aim for between 350 and 450 and its forecasted revenue has dropped from $US275 million ($A387 million) to $US130 million ($A182 million).

F45 fitness founder and CEO Adam Gilchrist – not to be confused with the cricket player of the same name – reportedly immediately listed his house on the market after the downfall.

Coincidentally, the same weekend that another law firm announced it was investigating the possibility of a class action, Mr Gilchrist successfully sold his $A14 million Sydney home.

Mr Gilchrist and Rob Deutsch founded the company in 2013 in the Sydney suburb of Paddington but Mr Deutsch left in February 2020 and said he was devastated to hear what had happened since then.

“Never in my wildest dreams could I have imagined this,” Mr Deutsch wrote on Instagram after the shock news of the lay-offs. “When I exited, and sold out of F45, I left a healthy, phenomenal, beast of a business. All the way from the company culture to the heart beat of the business… The workouts. F45 was special.

“I genuinely hope all of the 110 laid-off staff, find happiness and opportunities elsewhere.”

News.com.au has contacted F45 for comment.

On Friday, US law firm Labaton Sucharow called for investors to get in touch, the latest in a string of legal firms circling F45 like sharks.

Prior to that, Schall Law Firm, a US shareholder rights litigation firm, announced last Tuesday that it was investigating F45 “for violations of the securities laws”.

Then there was Bragar Eagle & Squire, PC, another shareholder rights specialist, which started its own investigation a day later.

Bragar Eagel & Squire stated the company’s revenue was “down significantly” compared to what was previously promised to investors.

James Wilson of Faruqi & Faruqi also called for investors who have “suffered losses exceeding $US50,000 ($A70,450) investing in F45 Training stock or options”.

Portnoy Law Firm also weighed in, saying it was investigating “possible securities fraud” and that it would provide a “complimentary case evaluation and discuss investors’ options for pursuing claims to recover their losses”.

Embattled CEO sells home

Mr Gilchrist reportedly listed his Sydney mansion, located in Freshwater in the city’s northern beaches region, on the market following his company’s stock crash.

Over the weekend, it’s understood to be have been sold.

The Sydney Morning Herald reported that strict gag orders prevented the real estate agents from disclosing its final price.

However, they did confirm it sold for more than he bought it for in 2019, which was $14 million.

Realestate.com.au reported that it sold more than $1 million over the reserve.

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Business

Thousands of businesses impacted by Tyro EFTPOS outage urged to register to class action

Thousands of businesses impacted by Tyro EFTPOS outage urged to register to class action

Christine Hera-Singh found it difficult to keep her bakery along the Great Ocean Road afloat during Covid-19 lockdowns and border closures.

The mum-of-one had pinned her hopes on the Christmas rush in late 2020 and early 2021 and for a while, her South Australian-based business, Meningie Bakery, was flourishing.

But then in January last year, the bakery’s credit card terminals stopped working for two weeks straight.

“It hit dead around the Christmas break, we had customers walking out, they didn’t have cash, it was an absolute nightmare,” Ms Hera-Singh told news.com.au.

It turned out the company that she rented her EFTPOS machines from, Tyro, had experienced a national outage that lasted for a fortnight.

Overall, Ms Hera-Singh estimates she lost $60,000 from the two week outage.

Across the country, at least 11,000 companies were impacted — the majority of them small businesses like hers.

Now, 18 months since the malfunction, outraged merchants have fought back by launching a class action against Tyro.

According to a notice from the Federal Court, affected business owners now have three months to register their case if they hope to receive compensation in the event they win the lawsuit. The registrations opened last week at www.tyroclassaction.com.au and close on October 30.

Ms Hera-Singh said: “We were losing heaps of customers. We were left in this huge dilemma.

“I’m a small business owner, it’s hard.”

The baker explained how the Covid-19 outbreak meant that society had gone largely cashless, making it even harder to survive during those two weeks.

By way of compensation, she said Tyro waived the rent on her machines for a month — which wasn’t nearly enough.

Her terminals stopped working on January 7 and only came back online by January 21, a whole 14 days later.

Across Australia, outages were first reported from January 5 due to a glitch in the coding and it took until late that month for all machines to operate normally again.

In a statement to news.com.au, Tyro did not acknowledge the class action law suit but said it had introduced a compensation program to make up for the financial losses.

“Following the terminal connectivity incident experienced in January 2021, Tyro has conducted a remediation program whereby all impacted merchants have been contacted directly by Tyro and given the opportunity to claim any financial losses caused by the connectivity incident,” a spokesperson said.

Bannister Law started the class action in October last year and Court House Capital is funding the case.

According to Bannister Law, most affected businesses lost between $5,00 to $40,000 from the outage, but there were several outliers like Ms Hera-Singh’s bakery. Some businesses that had multiple machines lost as much as $100,000.

Charles Bannister, Principal at Bannister Law, told news.com.au should businesses fail to register in the next three months, they wouldn’t be entitled to any compensation if his firm won the court case.

“The outage occurred during a crucial period, being a time when everyone had come out of lockdowns and there was a general reluctance to accept cash,” he told news.com.au.

“That merchants were unable to use their EFTPOS machines for days or weeks was, for many merchants, catastrophic.

“There are approximately 11,000 businesses affected by this outage. If they do not register, they will not be entitled to receive a share of the proceeds of any funds received should the proceedings settle, subject to Court approval.”

Last week, a whopping 11,000 letters were sent out to the impacted business owners inviting them to register.

Another impacted business was Highett RSL, in Melbourne’s southeast, which estimated it lost around $10,000.

Gavin Williams, the pub’s general manager, said the timing couldn’t have been worse as Melbourne had just come out of their four month lockdown in the winter of 2020 and they needed to recoup their losses.

“There were obviously lockdowns and all that in Melbourne that was going on,” he told news.com.au.

“People wanted to use credit cards and EFTPOS cards, [but by then] all our signage was to use your cards.”

Before Covid he estimates that half of his customers used cash while the other half used cards but the pandemic changed that. Around 70 per cent of customers now use cards, making it harder for people to buy drinks when credit card machines were down.

I paid $49 per month for an EFTPOS terminal and this fee was waived for the month of January.

To date, that is the only compensation the business has received, he said.

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