Volkswagen Hid Water Pump Defect in 25 Models of Its Vehicles, Class Action Alleges

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Volkswagen concealed a water pump defect in 25 models of its cars sold in the United States, which its customers then had to pay to get fixed themselves, a new nationwide class action alleges.

In the class action lawsuit filed Friday in a New Jersey federal court, Plaintiffs Michael Zhao and Dean Marriott allege Volkswagen USA broke federal warranty laws and state consumer laws in its actions regarding the “latent defect.” 

It says Volkswagen USA, a subsidiary of Volkswagen AG, knew since 2016 that at least 25 models of its vehicles contain a defectively manufactured thermoplastic water pump module that causes it to prematurely fail.

“When the Defect manifests, it may cause the engines in the Class Vehicles to overheat, resulting in sudden and catastrophic engine failure,” the class action states.

Engine failure causes the cars to unexpectedly stop, the class action claims, posing a danger to the drivers of the vehicles and to other people on the road.

The class action lawsuit alleges that Volkswagen actively tried to conceal the fact the cars were prone to the defect, omitting the flaw in its marketing and sale of the vehicles, in violation of the law.

The issue also diminished the value of the Class members’ vehicles, the drivers say.

When owners of cars with the water pump issue contacted Volkswagen about the defect, they claim the company was “unable or unwilling to adequately repair the Class Vehicles.” Instead it would tell owners and lessees that the cars are “operating as intended” and therefore cannot be repaired under warranty or otherwise. 

“Once the Class Vehicles fall outside the warranty period, Defendants then charge the owners and lessees for the costly repairs necessitated by the Defect.”

In Zhao’s case, he bought a new 2018 Volkswagen Golf R in 2018 from Volkswagen of Downtown LA. After the car presented the defect, he said he had to pay $1,340.82 out of pocket for repairs. Marriott had a similar experience with his leased Volkswagen GTI Sport.

“As a result of Defendants’ unfair, deceptive and/or fraudulent business practices, owners and/or lessees of the Class Vehicles, including Plaintiff, have suffered an ascertainable loss of money and/or property and/or loss in value,” the class action says.

The class action is bringing the case against Volkswagen Group of America for breaches of federal express and implied warranties laws and for unfair, unlawful, and deceptive trade practices under California law. 

Zhao and Marriott are looking to represent anyone in the United States who bought one of the 25 listed vehicles, plus a California subclass.

They are also seeking certification of the class action, damages, interest, fees, an injunction and a jury trial.

The Class vehicles are: 2015-2020 Audi A3, MY2015-2019 Audi A3 Quattro, MY2017-2019 Audi A4, MY2017-2019 Audi A4 Allroad, MY2017-2019 Audi A4 Quattro, MY2018-2019 Audi A5 Quattro, MY2018-2019 Audi A5 Sportback, MY 2015-2018 Audi A6, MY 2015-2018 A6 Quattro, MY2015-2018 Audi Q3, MY2015-2018 Audi Q3 Quattro, MY 2018-2020 Audi Q5, MY2016-2020 Audi TT Quattro, MY2017-2019 Audi Q7, MY2015-2019 Audi S3, MY2016- 2020 Audi TTS Quattro, MY2019-2020 Volkswagen Arteon, MY2018-2020 Atlas, MY2015- 2019 Volkswagen Beetle, MY2015-2018 Volkswagen Golf, MY2017-2019 Volkswagen Golf Alltrack, MY2015-2019 Volkswagen Golf R, MY2015-2019 Volkswagen Golf SportWagen, MY2015-2020 Volkswagen GTI, and MY2018-2020 Volkswagen Tiguan 

Meanwhile, Volkswagen AG is facing a nationwide class action lawsuit saying that its executives artificially inflated stock prices in a gag marketing ploy that used the false name “Voltswagen” to emphasize the company’s focus on electric vehicles.  

What do you think of Volkswagen’s alleged handling of consumer complaints? Let us know in the comments! 

The plaintiffs are represented by Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC.

The Volkswagen Water Pump Class Action Lawsuit is Zhao et al., v. Volkswagen Group of America, Inc, Case No. 2:21-cv-11251-MCA-MF, in the U.S. District Court for the District of New Jersey.

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