VW, Audi Class Action Targets Hidden Engine Defect

A class action lawsuit alleges that Volkswagen and Audi “intentionally concealed a defect in the timing chain tensioning system” of certain 2008 through 2013 model vehicles. The complaint claims that the timing chain can fail at any time, costing owners up to thousands of dollars in repairs and potentially creating a safety risk for drivers.

“When the Tensioning System suddenly and unexpectedly fails, the Class Vehicles lose engine power, which causes a loss in the ability to accelerate, maintain speed, and/or adequately control the steering wheel or engage the brakes,” according to the complaint.

The hidden engine defect class action lawsuit is suing VW manufacturers – Volkswagen Aktiengesellschaft and Volkswagen Group of America Inc., and Audi manufacturers – Audi Aktiengesellschaft and Audi of America Inc., over the hidden engine defect. The complaint accuses those companies of knowing about the timing chain tensioning system defect, and failing to inform consumers about it. The vehicles affected by the alleged defect are any 2008 through 2013 VW or Audi with a 2.0L TSI or TSFI engine, including the VW Beetle, Jetta, Passat, Rabbit, Routan, Tiguan, and Toureg, and the Audi A3, A4, A5, A6, A7, TT, Q3, Q5, and Q7.

According to the class action complaint, the timing chain controls the synchronized operation of a vehicle’s pistons and valves. The complaint states that the timing chain in the VW and Audi engine is supposed to last for at least 120,000 miles. However, the complaint asserts that the timing chain tensioning system has a defect that can cause the chain to lose tension when the vehicle is off, which can allow the chain to “jump a tooth” in the car’s camshaft and cause serious damage to the vehicle’s engine.

The VW and Audi hidden engine defect class action alleges that VW and Audi knew about the defect from numerous complaints and repairs, and even issued bulletins to dealerships about the problem starting in 2010. In addition, the complaint contends that VW and Audi redesigned the defective part in 2012, but have not issued a recall to replace the part in all affected vehicles. The class action states that although VW and Audi provide warranties for new vehicles, the latent timing chain tensioning system defect often occurs outside the typical 3 year or 30,000 mile warranty. The complaint argues that because VW and Audi knew about the defect, the companies committed fraud and violated consumer protection laws by failing to disclose it.

Plaintiff David Zimand states that he leased a 2009 VW Jetta from an authorized dealership in New Jersey, and purchased the vehicle in 2012.  Zimand claims that his vehicle had the latent engine defect, and the timing chain on his Jetta failed in March of 2014, causing “catastrophic failure of the vehicle’s engine.” Zimand claims that no one informed him about the timing chain defect, and he would not have purchased his automobile had he known about it.

The hidden engine defect lawsuit seeks to represent a Class of “all persons or entities in the United States that purchased, leased or own a 2008 through 2013 model year 2.0L TSI or 2.0L TFSI VW or Audi vehicle.” The class action requests restitution for consumers, and a court order enforcing a “comprehensive program to repair or replace the Tensioning System in all Class Vehicles.”

Zimand is represented by James E. Cecchi and Lindsey H. Taylor of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., and Jospeh H. Meltzer and Melissa L. Troutner of Kessler Topaz Meltzer & Check, LLP.

The VW, Audi Hidden Engine Defect Class Action Lawsuit is David Zimand v. Volkswagon Aktiengesellschaft, et al., Case No. 2:16-cv-02765, in the U.S. District Court for the District of New Jersey.

UPDATE: A third class action lawsuit alleging similar defects was filed July 18, 2016.

UPDATE 2: On May 14, 2018, Volkswagen agreed to a settlement that would end a multidistrict litigation claiming that many vehicles’ engines have a timing chain tensioner that’s defective. Volkswagen will cover up to $6,500 in engine repairs and $2,000 in timing chain system repairs to putative Class Members.

UPDATE 3: September 2018, the Volkswagen timing chain defect class action settlement is now open. Click here to file a claim.