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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
I just had this timing belt tensioner issue myself. My 2012 Beetle Launch 2.0 TSI has 63,000 miles on it. When I started my car to head to the grocery store I heard a little rattle, first time ever. When I went to leave the store, I turned the key and the car sounded horrible and would not start.
I walked to a local auto parts store and borrowed a code reader and found code P0016 which is a Cam Shaft Positioning Sensor, an issue that can result from a timing issue. I had the car towed to the dealership from there.
I told the service manager about all the details that I had experienced and he said that he doubts it would be the timing chain tensioner, but he would check. An hour later he called to tell me that the car ran out of oil and needed a new engine. I asked if he had pulled any codes and if he had checked the timing chain. He said they didn’t need to go that far because the motor had blown with no oil in it. He said that a new motor installed would run 7200.00 as if I just have that cash lying around.
The next morning I had the car towed to an independent VW service shop. After several hours they said while it was low on oil, they drained 3 quarts and there were no metal shavings. They said the chain tensioner failed and that the top of my motor was wrecked, but that I did not seize the motor. He said it can be rebuilt for 3500 to 4000 but that I should press the dealership about why they are trying to cover this up.
I am very aggravated with the way VW treated me on this matter. Be careful if you have this motor, and get that part checked. There were no warnings in my situation.
I have paperwork on my 2007 VW Jetta GLI Fahrenheit!!!! Timing bolt broke off in engine causing metal flakes to flow through the motor causing damage needed a whole new engine!!1
Whole load of problems . Started with unexplained loss of power EPC light on . Car dying in the middle of busy intersections . Lastly , timing skipped . Total engine shot . I barely rolled it home . Mechanic couldn’t believe it made it in . Just before timing tensioner , Replaced numerous things in a 6 month span costing roughly 5300. Total loss of vehicle . Still owed 8,000 on it. Financial devastation .
2011Tiguan 7000.00 repair estimate all due to chain tensioner causing failures and oil leaks.90k miles now but car a problem since 30k.
Someone’s trying to pull a fast one on you.
2010 Tiguan leaking oil everywhere, and chain & tensioner update no damage yet $2900 and I pulled the motor to same the customer money cause it’s easier to fix everything. Unless your head was damaged let’s figure another $1200 for a reman head from VW. I haven’t had one over $4500-$5000. Most dealers submit a warranty claim regardless of miles and lets VW decide to help or not and how much they will. I’ve had VW pay 100% before, 50/50 before and 75/25. Just depends how good of a customer you are to VW or the dealership to go to bat for you.
my wife is going through the same situation right now…been back and forth from dealer of course they want to charge a arm and a leg……its totally the tensioner now its going to be thousands to fix. What should we do? wait-get it repaired-get rid of it some how
Same thing happened to my daughter’s 2006 VW 2.0 Passat. It happened while she was driving without any warning lights (check engine) car died. Timing broke and bent her pistons caused a hole in her engine. We had to replace the engine. I contacted VW and they told me there was no recall on this issue.
dealing with my 2014 passat timing belt tensioner going out right now too
2009 Volkswagen Eos that I’m going through the same thing now. Wish I’d know.
Purchased an 08 Audi A4 3.2 V6 from my local Audi dealer with around 104,000 mi on it. The dealer has a trusted inspection process that gives consumers purchasing a used vehicle peace of mind or at least is supposed to…
Had my first repair about 5 months (109,000 mi) after purchasing the car that cost a little over $1000.00 at the Audi dealer’s shop.
Now after having the car for about 14 months and putting 15,000 miles on it, the upper timing chain failed causing 3 of the valves to bend. The import repair shop I brought it to advised that the repair would be $5000 on the low side to repair and estimated the Audi repair shop would charge between $8000-$10000.
The car is only worth around $9000-$9500 on KBB in working condition and would not be worth fixing according to the mechanic that diagnosed the issue. I paid $13000 for the car after tax, title and license 14 months ago and cannot afford to just go out and purchase another vehicle until I figure out what to with this financial burden.
Looking for direction on this.
Same story with my 2009 A4. 100,344 miles. Had the pistons, rings, gaskets and engine reseal performed at 70k. now the tensioner failed and caused all sorts of damage to valves, head, etc…
Audi USA won’t do anything. Awesome….
I guess we are all twisting in the wind until this class action settles.
Did you join in on it?if not you should . I see a lot of recent cases too it’ll surely help