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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.
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101 thoughts onAnother Class Action Alleges VW, Audi Engine Defect
It is a pity, a great pity, that a manufacturer as VW-Audi, which until some 10 years ago, more or less, really did GREAT cars, in the last years are harming seriously its solid quality prestige and throwing it nonchalantly through the window.
My personal experience has to do with an iconic car as Volkswagen GOLF GTI make2, which I owned for 22 years and did 320.000 Km with no flaws. It was, at those time, an unbeatable car. I had also an Audi but I preferred to drive my GTI.
I still love and miss that car. I confess that save pictures of it as the main subject of the picture.
Presently, the list of errors commited by VW-Audi is generous in items and superb in errors nature.
DieselGate, Oil-Sludge, Timing Chain, DSG boxes, ….
Are the Directors of Volkswagen intended to sink the Enterprise?
Why this stubborn in doing things really bad?
I can not understand it !!
UPDATE: A third class action lawsuit alleging similar defects was filed July 18, 2016.
The list of affected Audi/VWs is flawed. The 2.0T FSI engines are not affected as they do not have a timing chain – they have a timing belt. However, the 2.0L TSI engine IS specifically mentioned. BIG difference. Check which one you have on the engine cover. You should know this about your car. Not sure if this also affects the 3.2L V6 from the same period….
Hello, please send me more info on the VW Timing Change Tension issue.
My sister and I both bought Audi A4, 2011. Please send me more info. Electrical light problems, engine slipping, so on.. No more warranty, so cost of repairs really sucks!!! Please send me more information.
I have a 2005 Jetta 2.5 and would like more info on this lawsuit.
i own a 2006 vw passat 2.0 does it have a tensioner problem?
Have three cars with 2.0 engines. Not a single car have any problems. You have have to maintain your cars. If you don’t failures will and happen. Love the 2.0 engines, would buy another with eyes closed. Really great engines.
Dont you dare blame this on maintenance Paul. My car is meticulously maintained and yet at 50K miles needed the Stage 2 Oil Consumption repair (new pistons, rings, etc) by Audi. At just 71,000 miles, last Tuesday, the timing chain tensioner failed at engine startup. My car has had full synthetic oil changes every 5,000 miles or less. This is not a maintenance issue it is a DESIGN issue! If you have three cars with the 2.0 then it will impact you eventually as well.
I agree with you Cliff. We took amazing care of that car. Woke up one morning and it would not run at all.
Ohh Paul!
My beloved GOLF 5GT is under strict VW maintenance since 8 years. Timing Chain got also loose.
You are simply discarding that a car manufacturer could make an engineering design and then conceal it, just for money interests. This is the case. Probably, there are 2 million cars with this manufacturing defect.
If this weren’t true, how could you explain that the same Timing Chain issue occurred in the same motor concept, TSI motors, and in a long series of countries?
Are all the TSI motors’ users heedles with their cars?
Why is it that Timing Chain is a repetitive case in these motors?
You reasoning is childish.
I did an oblivion in my comment !
The right phrase is:
You are simply discarding that a car manufacturer could make an engineering design defective and then conceal it, just for money interests.
Its time to bring back the VW bus and beetle
On May 23, 2016 our VW went through this same thing. The repairs required a $6,000 new engine. We would love to know more about this lawsuit.
You should contact the firm listed at the end of the email to see how you can join the class.