Anne Bucher  |  March 1, 2017

Category: Closed Class Actions

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VW, Audi class action lawsuit

Audi, Porsche and Volkswagen have reportedly reached settlements with the U.S. Department of Justice, the Environmental Protection Agency, the California Air Resources Board, the Federal Trade Commission and consumers who have owned or leased certain 3.0 liter vehicles.

If you are a current or former owner or lessee of one of the following 3.0 liter TDI diesel vehicles, you may be entitled to benefits from the diesel emissions settlement: 2009-2016 Volkswagen Touareg; 2009-2015 Audi Q7; 20014-2016 Audi A6, A7, A8, A8L, Q5; or 2013-2016 Porsche Cayenne Diesel.

Approximately 80,000 3.0L TDI vehicles were produced for sale in the United States, according to the VW settlement website. Approximately 47,000 Audi vehicles, 22,000 Volkswagen vehicles and 11,000 Porsche vehicles are currently in use.

Under the terms of the proposed diesel emissions settlement, certain vehicles are eligible for buybacks, lease terminations or emissions modifications. Volkswagen claims it will be able to repair the emissions issue in about 63,000 vehicles to make them compliant with emissions regulations.

However, if Volkswagen is unable to obtain the necessary approval from regulatory agencies to perform these modifications, it will offer a buyback or lease termination program for those vehicles.

The VW settlement was preliminarily approved on February 14. Eligible consumers will not be able to submit claims until the court grants final approval to the settlement.

According to the diesel emissions settlement website, individual consumers “will receive extensive notification of their rights and options” if the recall program is approved by the court. It is anticipated that the rollout of the diesel emissions settlement program will begin in May 2017.

Former owners of the eligible vehicles must register on the settlement website by May 1, 2017.

UPDATE: On Feb. 19, 2019, a federal judge rejected motions for remand from VW car owners who chose to opt out of a $10 billion settlement set to resolve claims that Volkswagen cheated emissions.

Who’s Eligible

You are eligible for benefits from the diesel emissions settlement program if:

  • You currently hold title to an Eligible Vehicle (or hold it by bill of sale dated before Sept. 30, 2019); or
  • On Sept. 18, 2015 or on Nov. 2, 2015 you held title to an Eligible Vehicle (or held it by bill of sale dated on or before Nov. 2, 2015); or
  • You have a lease that as issued by VW Credit Inc., and you currently lease an Eligible Vehicle, or you, on Sept. 18, 2015 or Nov. 2, 2015 were a lessee of an Eligible Vehicle.

You can check your eligibility by entering your vehicle’s VIN number on the settlement website.

Generation 1 Vehicles include:

  • 2009-2012 Volkswagen Touareg
  • 2009-2012 Audi Q7

Generation 2 Vehicles include:

  • 2013-2016 Volkswagen Touareg
  • 2013-2015 Audi Q7
  • 2014-2016 Audi A6, A7, A8, A8L, Q5
  • 2013-2016 Porsche Cayenne Diesel
Potential Award

Varies.

Generation One Vehicles. Eligible current owners and lessees of Generation One vehicles can choose one of the following options:

  • A vehicle buyback, trade-in or lease termination (for eligible vehicles), without providing a release of consumer claims; or
  • A vehicle modification to reduce emissions at no cost to the consumer. NOTE: This option must be approved by regulators before it can be offered to consumers, and will only become available at a later date if approved.

Generation Two Vehicles:
Current owners and lessees of Generation Two vehicles may sign up for the Emissions Compliant Recall modification, which is expected to be offered at a later date if it is approved by regulators. If the proposed modification program is not approved, a buyback, trade in and lease termination program will be made available to owners and lessees of Generation Two vehicles.

Proof of Purchase

N/A – Claim Forms are not yet available for this diesel emission settlement.

Vehicle Registration Deadline

5/1/2017

Case Name

In re: Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation, Case No. 3:15-md-02672, in the U.S. District Court for the Northern District of California

Final Hearing

5/11/2017

Claims Administrator

Volkswagen: 1-844-98-CLAIM

Class Counsel

Elizabeth Cabraser
LIEFF CABRASER HEIMANN & BERNSTEIN

Lynn Lincoln Sarko
KELLER ROHRBACK LLP

Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP

Benjamin L. Bailey
BAILEY AND GLASSER LLP

David Boies
BOIES SCHILLER AND FLEXNER

David Seabold Casey Jr.
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENNFIELD LLP

James E. Cecchi
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO PC

Roxanne Barton Conlin
ROXANNE CONLIN AND ASSOCIATES

Joseph F. Rice
MOTLEY RICE LLC

Christopher A. Seeger
SEEGER WEISS LLP

Jayne Conroy
SIMMONS HANLY CONROY LLC

Paul J. Geller
ROBBINS GELLER RUDMAN AND DOWD LLP

Robin L. Greenwald
WEITZ & LUXENBERG PC

Michael D. Hausfeld
HAUSFELD LLP

Michael Everett Heygoood
HEYGOOD ORR PEARSON

Adam J. Levitt
GRANT & EISENHOFER PA

W. Daniel “Dee” Miles III
BEASLEY ALLEN CROW METHVIN PORTIS & MILES

Frank Mario Pitre
COTCHETT PITRE & MCCARTHY LLP

Rosemary M. Rivas
LEVI & KORINSKY LLP

J. Gerard Stranch IV
BRANSTETTER STRANCH & JENNINGS PLLC

Roland K. Tellis
BARON BUDD PC

Lesley Elizabeth Weaver
BLEICHMAR FONTI & AULD LLP

Defense Counsel

Counsel for Volkswagen:
Sharon L. Nelles
SULLIVAN & CROMWELL LLP

Counsel for Porsche:
Cari K. Dawson
ALSTON & BIRD LLP

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2 thoughts onVW, Audi, Porsche 3.0L Diesel Emissions Settlement Program

  1. Carla F Pierce says:

    I had a 2010 Audi Q7 that I traded Nov 2018. Do I qualify for this class action suit?

  2. Stephen E Smith says:

    Is there a current class action for owners of Audi 3.0 Q7 vehicles that declline to accept the court approved settlement? If so please give contact information on attorneys representing those plaintiffs

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