Another Class Action Alleges VW, Audi Engine Defect

A new class action filed on May 20 alleges that Volkswagen and Audi fraudulently sold certain model vehicles knowing that they had a hidden engine defect. In addition, the complaint asserts that VW and Audi knew about the defect, but did not issue a recall or pay for any repairs that occurred outside the warranty period.

The class action lawsuit asserts that “this action arises from Defendants’ failure, despite their longstanding knowledge of a material design defect, to disclose to Plaintiff and other consumers that the Class Vehicles’ 2.0L TSI engines contain timing chain tensioners that are defective and fail prematurely.”

This is the second class action lawsuit to allege that VW and Audi sold vehicles with an inherently defective tensioning system for the timing chain. The first action claims 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.

Similarly, this timing chain tensioner defect class action alleges that VW and Audi have designed no less than four different tensioners, and argues that “the existence of four production changes to the timing chain tensioners exhibits flaws in the design and/or manufacture of the timing chain tensioners in the Class Vehicles that Defendants acknowledged and remedied without informing owners and lessees of the Class Vehicles.”

The complaint accuses VW and Audi of actively concealing the known defect, refusing to recall the affected vehicles, and routinely refusing to cover the costs of repair after the defect manifests itself, especially after the warranty period. Audi and Volkswagen violated consumer protection, federal warranty, and anti-fraud laws, according to the complaint. The class action contends that vehicle owners have been harmed by needing to pay for costly repairs, and by losing market value in their vehicles due to the now known defect.

Plaintiff Allan Gaudet states that he bought a 2011 VW GTI in Connecticut on Jan. 1, 2011, and routinely maintained his vehicle. Yet in May of 2016, his GTI “catastrophically failed” due to the timing chain tensioning system while he was driving it, and repairs would have cost him $3,650. Gaudet claims that had he known about the tensioner defect, he would not have bought his vehicle, or at least he would have paid substantially less for it.

The VW, Audi timing chain defect lawsuit seeks to represent a nationwide Class of all purchasers of the following vehicles: “2006-2009 Volkswagen Golf MK5 GTI, MY 2010-2014 Volkswagen Golf MK6 GTI, MY 2005-2010 Volkswagen Jetta MK5, MY 2011-2016 Volkswagen Jetta MK6, 2006-2010 Volkswagen Passat B6, 2009-2016 Volkswagen CC, 2008-2014 Volkswagen EOS, 2009-2016 Volkswagen Tiguan, 2012-2016 Volkswagen Beetle, 2009-2014 Volkswagen Sportswagen, 2006-2013 Audi A3 8P, 2009-2012 Audi A4 B8, 2008-2012 Audi A5 B8, 2008-2014 Audi MK2 TT .” The class action seeks restitution for all damages to Class Members, including punitive damages under state consumer protection laws.

Gaudet is represented by Joseph G. Sauder, Matthew D. Schelkopf, and Joseph B. Kenney of McCune Wright, LLP; and Bruce D. Greenberg of Lite DePalma Greenberg, LLC.

The VW, Audi Timing Chain Tensioner Defect Class Action is Allan Gaudet v. Volkswagen Group of America Inc., et al., Case No. 2:16-cv-02872, 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.