Volkswagen class action lawsuit overview:
- Who: Plaintiff Michael L. Raffo has filed a class action lawsuit against Volkswagen.
- Why: The phasing out of wireless networks’ 3G networks will allegedly cause important features to be inoperable in some Volkswagen vehicles.
- Where: The Volkswagen class action lawsuit was filed in New Jersey federal court.
Volkswagen has failed to offer a solution to owners of 3G connected vehicles even as wireless carriers are shutting down 3G networks, leaving certain important features inoperable, a class action lawsuit alleges.
Plaintiff Michael L. Raffo filed the Volkswagen class action lawsuit Oct. 24 against Volkswagen Group of America Inc. and Volkswagen AG.
The Volkswagen class action lawsuit notes that the automaker in 2014 began offering “Car-Net” connected car services, which is based on its 3G-only telematic system. However, Volkswagen allegedly failed to design the 3G telematic system to be adaptable to future generations of wireless, such as 4G and 5G networks.
The vehicles named in the Volkswagen class action lawsuit include:
- 2014-2019 VW Passat, Jetta, Tiguan, Beetle
- 2014-2017 EOS
- 2018-2019 Atlas
- 2018-2019 Arteon
- 2014-2019 GolfR, GolfD, Golf, eGolf
- 2014-2019 Golf SportWagen
- 2014-2018 CC
These vehicles were reportedly factory equipped with 3G-only telematics devices even though 3G was already being replaced by 4G LTE in 2014, the Volkswagen class action alleges.
“All manufacturers of 3G devices have long known that 3G was ‘spectrally inefficient’ and would be phased out as early as possible,” the Volkswagen class action lawsuit says.
Volkswagen class action notes that 4G network upgrade was in the works since 2009
Raffo points out that wireless carriers began planning for an upgrade to 4G connectivity as early as 2009.
“There was no disclosure or even suggestion that Car-Net would be rendered obsolete once 3G was phased out or that Car-Net features were only temporary or had only a limited life,” Raffo claims. For later model years after 4G was prevalent, Volkswagen failed to disclose that its equipment was a generation behind the standard and marketed the telematics as a permanent feature of the vehicles, the Volkswagen class action lawsuit says.
Raffo points to several potential fixes that Volkswagen could have performed to make their telematics system functional after network upgrades.
“It would have been costly however, but [Volkswagen] could have done it, or planned in advance by recalling cars and installing upgrades to add 4G and/or 5G capabilities,” the Volkswagen class action lawsuit says.
Raffo says that he would have paid less for his Volkswagen vehicle, or would not have purchased it at all, if he had known that its telematics would be rendered obsolete once 3G networks were phased out.
The Volkswagen class action lawsuit asserts violations of New Jersey and New York consumer protection laws, breach of warranty, and unjust enrichment.
BMW and Porsche vehicles also have features that will be disabled once 3G networks have been phased out, according to another recent class action lawsuit.
Do you own a vehicle with features that are not compatible with 4G or 5G networks? Tell us what you think of the Volkswagen class action lawsuit in the comments!
Raffo is represented by Lee Squitieri of Squitieri & Fearon LLP.
The Volkswagen class action lawsuit is Michael L. Raffo v. Volkswagen Group of America Inc., et al., Case No. 1:22-cv-06230, in the U.S. District Court for the District of New Jersey.
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24 thoughts onVolkswagen class action claims 3G phase-out renders some car features inoperable
In 2019, Volkswagen promised to upgrade the 3G network connectivity for my Atlas. They also pledged to resolve the issue regarding the failure of my remote start and ACC systems. To this day, however, these issues remain unresolved. I have retained all correspondence—including chat logs and emails—documenting these promises. I truly hope that my issues can finally be resolved.