Volkswagen Class Action Lawsuits Allege ‘Tire Cupping’ Defect

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Class action lawsuits in New Jersey and Florida were filed against Volkswagen alleging that a defect in Model CC vehicles causes premature wear on tires.

The lead plaintiffs in each class action lawsuit claim “tire cupping” occurs because of a defect in the Volkswagen Model CC vehicles’ suspension system. “Tire cupping” refers to rapid, uneven wear on tires that causes the tires to look like they have tiny scoops of material taken out of them.

One of the plaintiffs in the Florida class action alleges that the tires on her 2012 Model CC Sport showed signs of cupping after driving it only 16,000 miles. She was allegedly told that the problem was due to the suspension and she would have to replace the tires at of cost of $500-$700.

A plaintiff in the New Jersey class action alleges the tires on his 2013 Model CC Sport also showed signs of cupping and he had to replace his tires four times since purchasing the vehicle in 2012. The plaintiff says he even tried to return the vehicle, but Volkswagen refused to take it back because it needed new tires.

According to the VW class action lawsuit, Volkswagen has known about the defective suspension system for years, but has not offered any relief to Model CC owners. The plaintiffs point to a 2009 National Highway Traffic Safety Administration study that reported that worn tire tread is a leading cause of tire-related auto accidents.

“In fact, the NHTSA study found that tire-­related crashes were more likely as a vehicle’s tire tread wears, with accident rates at just 2.4 percent when tires were at full tread depth to 26 percent when the tire tread was worn out,” the Volkswagen class action lawsuit notes.

The plaintiffs allege that the defect in the suspension of the Model CC vehicles causes the type of tread wear that the NHTSA warns of in its report. Further, say the plaintiffs, Volkswagen knows of the defect, but still markets the Model CC as a safe vehicle.

According to the VW class action lawsuit, Volkswagen violated its duty to warn customers of defects under the Transportation Recall Enhancement, Accountability, and Documentation Act.

Both class action plaintiffs seek to represent Volkswagen Model CC owners and lessees from across the nation as well as subclasses from California, Florida, Georgia, Missouri, Ohio, New Jersey, North Carolina and Pennsylvania.

Volkswagen has been hit with a slew of litigation recently. First was the massive emissions cheating scandal that VW settled for $10 billion in 2016. The car company was hit with another recent class action related to the scandal that alleged former Volkswagen owners also lost value in the vehicles. In August of this year, the car company’s executive plead guilty to charges for his role in the emission scandal.

The Florida plaintiffs are represented by Roy Altman of Podhurst Orseck PA, Francesco P. Trapani of Kreher & Trapani LLP, and Andrew Sciolla of Pogust Braslow & Millrood LLC.

The New Jersey plaintiffs are represented by the same attorneys, with the addition of Peter Kreher of Kreher & Trapani.

The VW Model CC Defective Suspension Class Action Lawsuits are Wilson, et al. v. Volkswagen Group of America Inc. and Volkswagen AG, Case No. 17­-cv-­23033, in the U.S. District Court for the Southern District of Miami, and Martino, et al. v. Volkswagen Group of America Inc. and Volkswagen AG, Case No. 2:17-­cv­06035, in the U.S. District Court for the District of New Jersey.

UPDATE: On Sept. 26, 2018, multiple counts were recently dismissed in a VW class action lawsuit alleging that certain sedan models contain a suspension defect.

UPDATE 2: On July 26, 2019, Volkswagen and vehicle owners agreed to a settlement worth $57 million which puts to rest a class action lawsuit claiming that the company sold vehicles with defective suspensions.

UPDATE 3: December 2019, the VW suspension defect class action settlement is now open. Click here to file a claim.