Audi class action alleges e-trons contain battery defect

Audi class action lawsuit overview:

• Who: Plaintiff Dwight Kelly filed a class action lawsuit against Audi of America LLC and Volkswagen Group of America Inc.
• Why: Kelly claims Audi and Volkswagen knowingly sold vehicles containing a battery defect that can cause the vehicles to catch fire.
• Where: The class action lawsuit was filed in a Georgia federal court.

Audi and Volkswagen knowingly sold vehicles containing a battery defect that can cause the vehicles to catch fire, a new class action lawsuit claims. 

Plaintiff Dwight Kelly’s class action lawsuit claims Audi and Volkswagen failed to disclose or adequately repair a “dangerous” and “widespread” defect in high-voltage lithium-ion batteries equipped in certain model year 2019-2024 Audi e-tron SUV electric vehicles (EVs). 

Kelly argues the defect causes the batteries to lose power and, worse, short circuit, creating a risk of fire. 

“The Battery Defect presents an unreasonable safety risk to drivers and passengers of the Class Vehicles and to people in residential homes and other structures where the vehicles are parked or nearby,” the Audi class action says. 

Kelly wants to represent a Georgia class of consumers who own, owned, lease and/or leased a model year 2019-2024 Audi e-tron SUV EV as of Jan. 3, 2024. 

Audi’s recalls do not address root cause of defect, lawsuit claims

Kelly argues Audi has been aware of the battery defect since April 2020, when it received a claim from outside the U.S. alleging the high-voltage battery pack in an Audi e-tron quattro vehicle caused a fire. 

Subsequent recalls initiated by Audi failed to address the root cause of the defect, according to Kelly, who claims that the automaker has declined to agree to “affirmatively repair or replace all the defective batteries.” 

“Audi e-tron owners trusted and relied on the Audi brand and Defendants’ representations and are left with a ticking time bomb,” the class action claims. 

Kelly claims Audi and Volkswagen are guilty of fraudulent omission/concealment, negligent omission/concealment and breach of implied warranty.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, punitive, treble and exemplary damages for himself and all class members.

Audi and Volkswagen previously agreed to a settlement in May 2024 to end claims they forced drivers to pay for automatic emergency braking system repairs due to issues alleged caused by a manufacturer defect 

Have you ever owned and/or leased a model year 2019-2024 Audi e-tron SUV EV? Let us know in the comments.

The plaintiff is represented by Rosemary M. Rivas, David Stein and Rosanne L. Mah of Gibbs Law Group LLP and Michael A. Caplan, T. Brandon Waddell and Ashley C. Brown of Caplan Cobb LLC.

The Audi class action lawsuit is Kelly, et al. v. Audi of America LLC, et al., Case No. 1:25-cv-00071-ELR in the U.S. District Court for the Northern District of Georgia.

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