VW Proposes 3.0L TDI Recall for Vehicles Affected by Emissions Scandal

Volkswagen has reportedly agreed to buy back an additional 20,000 vehicles that were affected by the massive diesel emissions scandal, and says it will be able to repair the issue in about 63,000 vehicles.

This proposed VW settlement applies to certain 3.0L TDI vehicles that were produced for sale in the United States. The deal is reportedly worth at least $1 billion, according to the Environmental Protection Agency and the Department of Justice.

Under the terms of the proposed settlement, there will be two Classes, determined by the type of engine. The “Generation One” Class will include 20,000 VW Touareg and Audi Q7 vehicles (model years 2009 – 2012).

The owners of these vehicles will reportedly be able to choose whether to have Volkswagen buy back their vehicles or have them undergo modifications to boost their fuel efficiency.

The “Generation Two” category includes the vehicles that Volkswagen says can be repaired to make them fully compliant with emissions regulations.

This proposed fix is contingent on government approval. If the deal isn’t approved, Volkswagen will offer a buy back option for this Class as well.

The Generation Two Class vehicles include 2013-2016 Volkswagen Touareg; 2013 – 2015 Audi Q7; 2014 – 2016 Audi A6, A7, A8, A8L and Q5; and 2013 – 2016 Porsche Cayenne Diesel.

People who are currently leasing vehicles in the Generation One and Generation Two categories will be able to opt out of their leases under the terms of the proposed deal.

The beleaguered motor company has also agreed to pay $225 million in environmental remediation and $25 million to the California Air Resources Board.

The new proposed 3.0L TDI Recall program agreement must be approved by U.S. District Judge Charles R. Breyer, who is overseeing the massive multidistrict litigation known as In re: Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation.

This proposed VW emissions scandal settlement is different than an earlier settlement that was announced in the summer. However, information about this new proposed deal is available on the settlement website.

Class Members will not be able to file claims until the settlement receives final approval. According to the website, approval of the proposed settlement will take place in the spring of 2017 at the earliest.

The VW emissions scandal MDL consists of a large number of similar lawsuits filed over the installation of defeat devices in many Volkswagen vehicles.

These defeat devices were designed to detect when emissions tests were being conducted on the vehicle and reduce the vehicles’ emissions accordingly.

The vehicles therefore were able to pass the emissions test even though they did not meet the emissions standards. When the vehicles were driven under normal conditions, the vehicles actually emitted pollutants at levels that violated the Clean Air Act.

The Volkswagen emissions scandal was exposed in September 2015 by the EPA and CARB.

The plaintiffs are represented by Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein LLP.

The VW Emissions Scandal Class Action Lawsuit is In re: Volkswagen “Clean Diesel” Marketing, Sales Practices and Products Liability Litigation, Case No. 3:15-md-02672, in the U.S. District Court for the Northern District of California.

UPDATE: On Feb. 14, 2017, a federal judge in San Francisco gave preliminary approval to a $1.2 billion settlement that will compensate the owners of roughly 78,000 Volkswagens with 3-liter engines that were equipped with emissions cheating devices.

UPDATE 2: More details regarding the proposed VW 3.0L class action settlement are now available. Former owners of eligible vehicles must register on the settlement website by May 1, 2017.