VW settlement over defective sunroofs gets preliminary approval

(Dec. 27, 2019)

A Volkswagen (VW) class action lawsuit claims that the company fails to honor their promised warranty for vehicles damaged by leaky sunroofs.

Plaintiff Sokol Gjonbalaj says Volkswagen offers their customers a “People First bumper-to-bumper New Vehicle Limited Warranty” which covers vehicles for six years or 72,000 miles.

Gjonbalaj argues this unmatched warranty was an attempt by the company to distract from Dieselgate — the 2015 scandal in which VW reportedly admitted to using a defeat device to fake emissions levels in diesel vehicles.

However, the Volkswagen class action states that VW fails to meet promises that they will cover “any repair to correct a defect in the manufacturer’s material or workmanship.” Gjonbalaj argues that the company refuses to provide repairs for consumers who are affected by defective sunroofs.

According to the VW class action lawsuit, Volkswagen vehicles with sunroofs are prone to leaks which can cause damage to interior features such as electrical systems, audio systems, upholstery, carpet, seats, and more.

“Consumers purchase the Class Vehicles reasonably expecting that their vehicles can be used in the normal and ordinary manner in which cars are used, including driving in the rain,” the VW class action argues. “Consumers reasonably expect that the Class Vehicles, all equipped with sunroofs, will not suffer water damage in the interior of the car when the sunroof is closed during inclement weather.”

Despite the issue affecting several VW vehicle models, the company reportedly refuses to cover the defects under warranty. Gjonbalaj argues that VW continues to deceive consumers despite attempting to win their trust back with the extended warranty offer.

“VW may have intended its new warranty to win over consumers after Dieselgate, but given that VW will not acknowledge or repair the known sunroof defect, the warranty has not restored Class Vehicle consumers’ faith in VW,” Gjonbalaj argues in his VW class action lawsuit.

Gjonbalaj seeks to represent a Class of consumers who purchased or leased 2015 to present Audi A1 Mk2, Audi A3 Mk3, Audi TT Mk3, Audi Q2, Audi Q3, Volkswagen Arteon, Volkswagen Atlas/Teramont, Volkswagen Golf, Volkswagen Jetta, Volkswagen Passat, Volkswagen Polo, Volkswagen Tiguan and Volkswagen Touran vehicles sold with a sunroof.

This is not the first time that VW companies have faced legal action. Plaintiffs have already filed VW class action lawsuits over the alleged sunroof shattering defects, with a federal judge ruling the company must face the claims earlier this year.

In 2017, the company agreed to settle diesel emissions claims against them from the U.S. Department of Justice, the Environmental Protection Agency, the California Air Resources Board, the Federal Trade Commission and vehicle owners.

Did you purchase a VW vehicle that was not covered under warranty as promised? Let us know in the comment section below.

Gjonbalaj and the proposed Class are represented by Mitchell M. Breit, Jason “Jay” Barnes and Brittany A. Boswell of Simmons Hanly Conroy; Gregory F. Coleman and Lisa A. White of Greg Coleman Law PC; and Mark P. Bryant and Emily Ward Roark of Bryant Law Center PSC.

The VW Sunroof Class Action Lawsuit is Gjonbalaj, et al. v. Volkswagen Group of America Inc., et al., Case No. 2:19-cv-07165-BMC, in the U.S. District Court for the Eastern District of New York.