Audi Timing Chain Defect Class Action Proceeds as VW Loses Bid To Dismiss

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VW Audi Timing Chains Class Action Lawsuit Overview: 

• Who: Matthew Opheim filed a class action lawsuit against Volkswagen. 
• Why: A judge denied VW’s motion to dismiss the lawsuit that alleged the carmaker knowingly sold Audi vehicles with a defective timing chain.
• Where: The lawsuit is pending in New Jersey federal court.

A class action lawsuit accusing Volkswagen (VW) and its subsidiary Audi of manufacturing vehicles with an allegedly defective yet concealed engine part—a timing chain—will move forward, according to an order filed by US District Judge Kevin McNulty.

The judge said that while the actual relationship between Volkswagen Aktiengesellschaft (VW AG) and Audi Aktiengesellschaft (Audi AG) is, at this point, somewhat murky, the plaintiffs have properly alleged that VW AG was involved in marketing the cars at issue and that it knew about the timing chain issues and worked to remedy them in newer models but did not disclose them to consumers. 

“It is possible that in discovery, facts will emerge that demonstrate that VW AG should not be held liable for the alleged defects in Audi vehicles, but, at this stage, the plaintiffs have plausibly alleged that VW AG was involved and, thus, I will not dismiss the claims against it at this stage,” Judge McNulty said.

Audi Timing Chain Defect Acknowledged, Notes Class Action Order

The most significant factual allegation in the class action is that VW AG produced repair materials for the entire corporate family, including Audi AG, that acknowledged the issue, the order states. 

This service training manual shows that VW AG was aware of the problem with the timing chain and developed a method to determine if it had become elongated. VW AG communicated this information to dealers but did not inform consumers about the problem

Similarly, the chain tensioner was redesigned in 2012, a change that affected both VW and Audi cars but did not fix the underlying issue, and it is plausibly alleged that VW AG was involved in that decision, noted the judge. 

“The surviving fraud claims in this case are based on omissions, and it is plausibly alleged that VW AG was involved in the decision not to disclose information to consumers about the timing chain,” the order states. “At this stage, these claims are sufficient to demonstrate that plaintiffs who purchased Audi vehicles have standing to sue VW AG.”

Audi problems are plaguing the carmaker, with VW recently recalling most 2022 Audi vehicles for an apparent problem with the backup camera and certain 2021 Audi e-tron Quattro and e-tron Quattro Sport Backs on account of an issue that could cause the vehicle to lose its power brake assist in September.

Join a defective vehicle class action lawsuit investigation here (links to paid attorney advertising). 

The plaintiff is represented by Carella Byrne Cecchi Olstein Brody & Agnello PC, Kessler Topaz Meltzer & Check LLP and Kantrowitz Goldhamer & Graifman PC.

The VW Audi Timing Chain Class Action Lawsuit is Matthew Opheim et al. v. Volkswagen Aktiengesellschaft et al., Case No. 2:20-cv-02483, in the U.S District Court for the District of New Jersey.

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