Consumers have filed a class action lawsuit against Volkswagen alleging that the emission fix offered as part of a 2016 settlement did not fix the alleged emissions problems and caused new issues.
Plaintiffs Allen and Jenifer Pickard recently filed a class action lawsuit against Volkswagen Group of America Inc. regarding the settlement fix which allegedly caused more issues than it repaired.
The original class action was filed against Volkswagen, alleging that the company installed emissions defeat devices in their car to cheat emissions regulations.
A settlement was reached in the class action, benefiting consumers with vehicles affected by the emissions scandal. As part of the VW class action settlement, Volkswagen consumers with affected vehicles were offered an emissions modification.
At the time of the recall, the Pickards say they had two affected Volkswagen vehicles: a 2013 Passat and a 2012 Passat. They participated in the settlement, choosing to keep the vehicles and have them repaired with the settlement emissions modification.
However, after the emissions fix was done, both cars allegedly failed to start. The vehicles have reportedly been in custody of a Volkswagen mechanic for months while they attempt to fix the problem.
After repeated attempts to salvage the vehicle, the Pickards attempted to trade in one of the Passats. According to the recently filed Volkswagen class action lawsuit, they were told they could not trade their vehicle in because it could not be started and was therefore worth $0.
This problem is allegedly not unique. In the UK, 17,000 complaints were sent to Volkswagen by December 2017 from consumers alleging that their vehicles were in worse shape following the emissions fix.
Another U.S. consumer has similar complaints, voiced in a Car Complaints comment. This consumer claims that his car was working perfectly until he had it “fixed.” He believed that the emissions fix was a better option than the buyback, since the fix was supposed to be a “software update.” However, he soon regretted his decision as new issues began to appear.
The Pickards seek to represent a Class of individuals who own a Volkswagen which was eligible for the 2016 settlement claims program and who live in an area where the climate renders the car(s) inoperable.
According to the notice removing the class action lawsuit to federal court, at an average of $10,000 per affected vehicle, the newest Volkswagen putative Class could exceed more than $92 million in compensatory damages.
The Volkswagen class action seeks compensatory damages, general damages, special damages, court costs, and attorneys’ fees.
Plaintiffs are represented by Shawn M. Nichols and Joseph A. Meader of Cadwell Sanford Deibert & Garry LLP.
The Volkswagen Emissions Fix Class Action Lawsuit is Pickard v. Volkswagen Group of America Inc., Case No. 4:18-cv-04107-KES, in the U.S. District Court for the District of South Dakota.
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30 thoughts onVolkswagen Class Action: ‘Emissions Fix’ Only Caused More Problems
Since purchasing my Volkswagen Passat last March, I’ve experienced ongoing issues with the vehicle. At the time of purchase, I was not informed about the emissions scandal and had no knowledge of its implications. VW of Tracy, California, included a warranty I explicitly said I did not want. Unfortunately, I overlooked this during the final purchase process.
Shortly after buying the car, the turbo failed. I believe modifications related to the emissions scandal were made before my purchase, but I was not made aware of them. Since then, the car has been in the shop 15 times, and I’ve dealt with continuous issues, which I suspect stem from these modifications. VW charges $250 for diagnostics each time, even though I’ve repeatedly reported the same problems. On multiple occasions, I’ve picked up the car only to find warning lights still on.
I’ve contacted VW to request a buyback, but they’ve refused. Over these 15 visits, the car has spent a total of three months in the shop, during which I’ve had to rely on rental cars or loaners. Currently, the car overheats and emits white smoke, polluting the air, and now there’s also an airbag recall. I can’t safely drive the vehicle, and I’m afraid it could overheat to the point of causing a serious accident.
This situation has cost me over $5,000 in repairs, rental fees, and diagnostics since August. It has also disrupted my life—I can’t return to work without reliable transportation. I fear it will take a serious incident, or even loss of life, before these issues are properly addressed
I have a 2013 that has been “fixed”. It has been in the shop 4 times within the last 3 years (one time they had it for 8 months waiting for parts) all for problems related to the emissions fix. The last time was right before the warranty ran out. It “worked” for a few hundred miles and failed again. Now that the warranty is out they will not do a thing. I would more reasonably understand if the “fix” had lasted thousands of miles etc… I would gladly join any class action.
My TDI Tourage motor has been damaged due to “the fix – that did Not fix” dealership refuses repair under extended warranty unless I pay 21,000.00 for new motor & new turbo engine which I cannot – there has not been issues with motor at all ever. The OBD blew out & lost control vehicle would not start. Dealer said need new battery, need warranty work on emissions now after dealer now keeping vehicle over 2 months – said need new motor & turbo diesel that I must pay 21,000.00 for
VW Tourage TDI 2013 model (one owner 69 yr old female, vehicle well maintained )
Dealership wants sell me new car & I can’t afford new car just need my car repaired. Any helpful ideas appreciated. Thank you
My Jetta TDI just bust into flames this past friday. Complete loss. All recalls done. Someone please tell me who to contact.
I have a 2012 vw Touareg and the def issues are extreme. The vehicle has been in the shop for 3 weeks and the issues have not been remedied. The vw of duluth Minnesota have lied to me about the vehicle. I definitely would participate ina lawsuit.
Bought my car 108 miles after the emissions “fix”. Blown turbos, DPF’s and DEF failures and check lights since. My car has been out of my possession at VW under the warranty repair since 01/03/22 (this whole year- continuously) and they only supplied me a loaner less than half the time. I want VW to pay off the balance of the loan, pay me all the money I’ve spent on the car since 08/2020 (down payment, payments, tires, battery, registration, insurance) and take the car back.
Please include me!