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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
2009 Jetta 2.0 TDI here. Catastrophic engine failure at roughly 107k miles due to failing tensioning. On top of that they found metal shavings in the oil pan as a result of the damage caused by the failing tension. No word from GWC yet as they will have an inspector send out who will either verify or deny the claim. I love this car but VW is headed in the wrong direction. Estimated repair cost would exceed the value of the car and we bought it only a year and a half ago so we’re still paying it off.
My 2010 Audi A4 is at the dealer right now with engine damage caused by timing chain. The total cost for the repair will be $7,800. It is unfathomable for a luxury car with only 82,000 miles to have this type of engine issues. The Audi of America headquarters are refusing to help. There is a class action lawsuit regarding this issue. We purchased Audi for reliability, but this has been the worst car we have ever owned.
My 2010 Audi A4 2.0t skipped timming, I’m in the process of replacing the tensioner with an updated one, but im afraid that it has causes engine damaged . What is everyone doing against this malfunctioning, I cant believe how a luxury vehicle can cause such a horrendous thing.
I have the same issue with my VW CC 2010. The engine light was on several times in a month and I had it checked at the dealership 4 times in a month, every time they said its something wrong and charged me 1700 in repairs and the next time the engine stalled and they are asking 6K for engine replacement since it has no warranty. Its very frustrating, i called VW USA and they say that there is nothing they can do about it and I have to resolve it with the dealer my self. Please help. My car is currently with the dealer. Should I just sell it to a junkyard or do i hold it longer? Please advise.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
You can also contact class counsel with any questions. Counsel is listed at the bottom of the article, and can be Googled for contact information. We wish you the best of luck in your pursuit of justice!
Please tell me who to contact regarding this lawsuit and how to include me in on this.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
You can also contact class counsel with any questions. Counsel is listed at the bottom of the article, and can be Googled for contact information. We wish you the best of luck in your pursuit of justice!
Hello. I have also experienced the timing chain tensioner failure issue that resulted in lots of damage and large repair bill. Can you please inform me on how to join this class action lawsuits vs Audi?
I just had this happen to me. I have a 2009 Volkswagen EOS, 93,000 miles. I’m told it will cost me $3500. Timing chain tensioner failed, causing severe engine damage, bent valves in cyclinder head (intake and exhaust valves). I called Volkswagen customer care and filed a complaint. Of course I was told I’m past the power train warranty of 50,000 miles. If enough of us call to file a complaint, maybe something can be done. This is unacceptable that Volkswagen has known about this. I’m being told there is a kit out there that could have prevented this. Why didn’t Volkswagen notify us and send out the kit?
2009 A4 timing chain problem, at 80,000 miles almost identical story to Cliff with the piston and rings service done about the same mileage as Cliff’s. Anybody having any luck with Audi America or dealer?
Another victim to the timing chain disaster over here. I’ve had my 2009 Audi A4 2.0t for 2 years. Two days ago the timing chain slipped and mashed everything up inside the engine. It needs a whole new engine replacement. It just got off the extended warranty and Audi Canada refuses to do anything for me as it’s not on warranty. My mechanic showed me a VW with the same issue in his shop and tells me he sees countless of these disaster on these cars. It should of been a recall for the tensioner, but now the little
Guys get screwed over. I’m wondering to know if any lawyers are taking this case on in Canada as I would love to get this issue brought to Audi with a lawsuit but with strength in numbers. My mechanic also has a list of people here in Ontario Canada that would join. It’s time the people stand up to this imoral known defect and rectify the issue. Thank you
We just had this happen three days ago. 2009 tiguan with 120,000km. Catastrophic engine failure.
This has just happened to be. I have a 2008 vw Passat 2.0T TSI engine. My car has about 160k miles on it but it’s been taking to VW for regular services and oil changes. I was pumping gas and when I went to start my car it wouldn’t start. Hauled it to VW to find out timing chain had broken. I noticed they had adjusted the chain tensioner on a recent visit. They say this will cost 7-8k to rebuild or replace (rebuild cost equaling the replacement due to labor costs). I can’t sink that much money in car that I’ve already paid for other costly replacements such as intake manifold (I was out of warranty) and rear main seal and water pump replacement, fuel pump replacement. I’m caling VW of america. I’m devastated- I bought that car new from Germany– and it has been a great car in terms of handling and performance besides mechanical failures that seem to be design related rather that owner related.