Tamara Burns  |  August 3, 2016

Category: Closed Class Actions

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This settlement is closed!

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VW, Audi engine defect class action

A preliminary settlement has been reached with Volkswagen to resolve claims in multiple lawsuits against the car manufacturer that alleged certain diesel vehicles were outfitted with a “defeat device” that misrepresented the emissions produced by the vehicles.

This settlement will resolve a number of different lawsuits that were consolidated for the purposes of providing a fair settlement to owners and lessees of the affected 2.0-liter TDI diesel engine vehicles.

The total funding pool for the settlements include a maximum of $10 billion from which eligible Class Members will be compensated.

The lawsuits alleged that Volkswagen programmed the so-called defeat device to operate the full emissions control systems during testing conditions, but they were not turned on during normal driving conditions, causing the cars to emit pollution beyond permissible limits according to federal law and California state law.

The allegations against Volkswagen also stated that the manufacturer intentionally misled consumers about the emissions status of the vehicles sold.

Depending on a number of factors, owners and lessees of eligible vehicles will be able to receive one of the following under the Settlement:

  • Vehicle Buyback
  • Lease Termination or
  • Approved Emissions Modification

In addition to the Vehicle Buyback or Approved Emissions Modification options offered in the settlement, owners are also entitled to an additional cash payment referred to as Owner Restitution. Owners will receive the same amount of cash whether they choose the Vehicle Buyback or Approved Emissions Modification.

Class Members who owned the car on or before Sept. 18, 2015 are entitled to 20 percent of the vehicle value plus an additional $2,986.73, with a minimum payout of at least $5,100.

Class Members who owned the car after Sept. 18, 2015 will receive a cash payment of 10 percent of the vehicle value plus $1,493.365, with a minimum payout of at least $2,550, plus additional funds based on the proportion of unclaimed available funds to be determined at a later date.

Lessees will be eligible for a no-cost Lease Termination and are eligible for a Lessee Restitution cash payment of 10 percent of the vehicle value plus $1,529.005. The cash payment is the same if a leesee chooses a Buyback or Approved Emissions Modification and includes individuals whether or not they have an active lease.

The plaintiffs and the defendant entered into the Settlement without the lawsuits going to trial and without the court ruling in favor of either party. Resolving claims through a settlement allows both parties to avoid costs and risks associated with the trial as well as the time delays that litigation poses.

All current and former vehicle owners and lessees should visit the website for further information to determine their specific eligibility and options for receiving a settlement.

Eligible owners and lessees are currently able to submit information to Volkswagen now by clicking on the button below.

A formal claim will also need to be submitted after the Court grants final approval to this class action settlement. The final hearing date to discuss granting final approval will take place on Oct. 18, 2016.

Sellers of Volkswagen vehicles are also eligible to receive benefits from the Settlement including restitution in the form of a cash payment and must submit a valid Eligible Seller Identification Form before Sept. 16, 2016.

Former owners and lessees must register by Sept. 16, 2016 or they will lose their potential benefits.

Important note: “If you owned an eligible vehicle on June 28, 2016 and sell, trade or otherwise transfer ownership of your vehicle before the Court grants final approval of the Settlements, you will lose your rights to any benefits under the Settlements.”

UPDATE: On Oct. 18, 2016, a federal judge announced that he’s “strongly inclined” to grant final approval of the VW, Audi class action settlement. U.S. District Court Judge Charles Breyer said he will make his final decision on Oct. 25. 

UPDATE 2: 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

“All persons (including individuals and entities) who, on September 18, 2015, were registered owners or lessees of, or, in the case of non-Volkswagen Dealers, held title to or held by bill of sale dated on or before September 18, 2015, an Eligible Vehicle in the United States or its territories, or who, between September 18, 2015, and the end of the claim period, become a registered owner of, or, in the case of non-Volkswagen Dealers, hold title to or hold by bill of sale dated after September 18, 2015, but before the end of the Claims Period, an Eligible Vehicle in the United States or its territories.” (Some exclusions apply, please see the official Long Form Notice for more details.)

“The following 2.0-liter TDI engine vehicles are included and may be eligible*:

*To be eligible, a vehicle must be Operable. Additional requirements regarding the vehicle’s title also apply.

VW Beetle
2013 – 2015

VW Beetle Convertible
2013 – 2015

VW Golf
2010 – 2015

VW Golf SportWagen
2015

VW Jetta
2009 – 2015

VW Jetta SportWagen
2009 – 2014

VW Passat
2012 – 2015

Audi A3
2010 – 2013; 2015”

Potential Award

$5,100 or more cash payment plus Vehicle Buyback or Approved Emissions Modification for owners who had their vehicle Sept. 18, 2015 or before.

$2,550 or more cash payment plus Vehicle Buyback or Approved Emissions Modification for owners who had their vehicle after Sept. 18, 2015.

Lessees will be eligible for a no-cost Lease Termination and are eligible for a cash payment of 10 percent of the vehicle value plus $1,529.005.

$2,550 or more cash payment for Eligible Sellers.

Proof of Purchase

To start a claim, owners and lessees must provide the following information:

  • Vehicle Identification Number (VIN)
  • Vehicle registration
  • Vehicle title (owners with no lien)
  • Lease contract (Lessees)
  • Lender information and financial consent form (for loans and leases)
  • Driver’s license (or other government-issued photo identification) and
  • Name of your preferred dealership
Claim Form Deadline

09/16/2016 for former owners and lessees

09/16/2016 for sellers of eligible vehicles

09/01/2018 for current owners and lessees

Case Name

In Re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2762, in the U.S. District Court for the Northern District of California, San Francisco Division

Final Hearing

10/18/2016

Settlement Website
Claims Administrator

VW Court Settlement
P.O. Box 214500
Auburn Hills, MI 48326

1-844-98-CLAIM

Class Counsel

Elizabeth Cabraser, Lead Counsel
LIEFF CABRASER HEIMANN & BERENSTEIN, LLP

Defense Counsel

Sharon L. Nelles
SULLIVAN & CROMWELL LLP

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17 thoughts onVolkswagen, Audi Emissions Class Action Settlement

  1. Shalesia Pitts says:

    Can you still file this claim, recently brought a VW Audi 2015

    1. Katy Morris says:

      Says till September 1,2018 which is today. LoL. Hurry ?

  2. S. J. Wong-Ortiz says:

    Why doesn’t this class action include all VW vehicles from 2012 thru 2018? Why is it just the TDI’s? My car’s already had to change the emission system pump and now my vacuum pump is out on my 2012 VW PASSAT. This is a giant mess with VW. I will not make that mistake again.

    1. Stacey Carter says:

      I agree with the prior two comments. I owned the EOS and had major emission issues.

      Seems like there needs to be further investigation into this matter.

  3. Catherine Cravens says:

    I also now own a 2015 vw golf tsi….. This goes with a previous comment about owning a 2010 vw cc with timing chain replacement .

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