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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
Having trouble with timming in my 2014 rline bettle hard to start no power did not find out until today it’s going to cost 2000-3500 to fix
I was never informed of this class action case or settlement. Can I still file a claim against it? My TFSI engine had a complete failure due to low oil & crank shafts bolt snapping off in the timing chain area.
Same thing happened to my 2009 VW Eos. Total loss. How do I join this class action suit?
Is there any update on this class action or how to become involved? 2011 Tiguan, Same issues!
I am in the same boat. I bought a 2011 Audi A4 in January with 80,000 miles. 82,000 miles it stopped accelerating and needing oil constantly. I immediately took it to an Audi dealership.
When I purchased the car I was told that it had passed 172-Point Inspection. 3 months later I have no engine. I was told buy an Audi dealership that it was the manufactures fault and that the dealership should have fixed it for free prior to my buying. The dealership has now said not our problem. So I am stuck with a 16,000.00 car with 9,000,00 dollar + worth of repairs.
Kansas City, Missouri
This has also happened to me recently and we needed to replace the current engine in our vehicle, $6,500 later I see this. Does anyone know who we would contact to become part of the class action lawsuit?
Wow! I am right now in the middle of this very situation fighting it out with dealership I bought the car from 2 months ago.. just made 2nd car payment and engine died. Bought this car at 85000 miles on it and now with 93000 miles the engine is gone. The dealership claiming a service center I had work on it was at fault and they say the dealership was at fault and it has been a mess. Since it’s the only transportation I have and still making payments I enquired to VW to see what cost to get the timing chain tensioner fixed they told 5800.00? I can buy a whole other car for that price! And to find this information out leaves me speechless…
This is amazing I am presently experiencing this very situation with my 2012 Volkswagen Sport CC and fighting the car dealership I purchased from and an Auto service place I took my car that fixed an oil pump situation and told us there was nothing else that needed to be fixed on everything should fine only for the car to breakdown 3 weeks later and when the car would not start back up was told my engine was gone when I had it towed to firestone who couldn’t fix it. Just made our 2nd car payment on the car that cannot run only to be told by Volkswagen it would be 5800.00 for them to replace or rebuild the engine. I can buy a car cash for that type of money. I bought the car with 85,000 miles and it’s dead at 93,000. And now have to find some way to purchase another car and will be stuck with paying this car loan back to my credit union regardless to what happens. Will certainly be keeping my eye on this,because we were don so dirty by the people we bought the car from because they saying it’s the auto repair fault, it’s been a pure mess and headed to civil court now to try to get a resolution in this and now I come across the class Action lawsuit! Wow!
Just had the same thing happen to my 2010 eos. What’s the status of the lawsuit?
I’m experiencing the same tensioner failure on my 2011 VW GTI. It’s been sitting dead in my garage for 2 months as I can’t afford to fork out the repair costs. I purchased it 11 months ago with 70k miles and it’s dead at 77k miles. Will look forward to progress on this and to getting it running again so I don’t have to devote 2 hours out of my day juggling public transit.