A class-action lawsuit has been filed against Swift with the Superior Court of Arizona in Maricopa County by former Swift driver Leonel Garza who claims Swift “used the Household Mover’s Guide, which on average produces mileage figures that are less than actual mileage driven, to calculate mileage-based compensation, and does so without disclosing that the mileage figures are less than actual mileage driven.”
By doing so, Swift is in breach of all its drivers’ contracts by (1) failing to disclose this information to drivers and (2) the use of mileage figures are less than the actual miles driven.
A court has ruled that the lawsuit may proceed. Two classes of drivers are eligible to join the class-action suit: owner operators who were paid by the mile on or after March 6, 2001 and company drivers who were paid by the mile on or after April 9, 2009.
It is estimated that tens of thousands of drivers are eligible to join suit.
According to Swift Trucking Class Action, the court has not determined whether or not Swift did anything wrong, and no money is available at this time, nor is there a guarantee of restitution, drivers need to be aware of the suit and to determine their legal rights.
Drivers must decide by September 13, 2013 whether or not they want to join the class-action suit. If you choose not to join the suit, you must exclude yourself.
From the Swift Trucking Class Action.com site:
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Swift separately about the same legal claims in this lawsuit.
ASK TO BE EXCLUDED
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep any rights to sue Swift separately about the same legal claims in this lawsuit. To do so, however, you must hire your own attorney or file a claim without an attorney.
If you do nothing, you are choosing to stay in the Class. This means you will be legally bound by all orders and judgments of the Court, whether favorable or not, and you will not be able to sue or continue to sue Swift about the legal claims in this case separately. If money or benefits are awarded or obtained, you will be notified and given instruction on how to share in the money and/or benefits.
If you exclude yourself, you cannot get any money or benefits from this lawsuit if they are awarded or obtained, but you will keep any rights to sue Swift for the same claims in a different lawsuit, now or in the future. If you exclude yourself, you will not be bound by any orders or judgments in this case.
To ask to be excluded, send a letter postmarked by September 13, 2013 to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3190. Your letter must state that you want to be excluded from In re Swift Transportation Co. Inc., CV2004-001777 and include your name, address, and signature.
Go to www.SwiftTruckingClassAction.com, call 1-866-677-4812 or write to In re Swift Transportation Inc. Administrator, c/o KCC Class Action Services, P.O. Box 43190, Providence, RI 02940-3190.
QUESTIONS? VISIT www.SwiftTruckingClassAction.com OR CALL 1-866-677-4812