Judge gives initial approval to defective VW settlement

Update: 

• A federal judge in Missouri preliminarily approved a Volkswagen (VW) class action settlement resolving claims it knowingly sold vehicles equipped with defective collision-avoidance technology. 
• The VW settlement agreement extends the warranty for consumers who purchased certain 2011-2023 Volkswagen and Audi vehicles equipped with automatic emergency braking systems. 
• Also as part of the settlement, VW will also create a program informing consumers about its automatic emergency braking systems and features.
• In a 2020 complaint, drivers argued the automatic emergency braking systems in the Volkswagen vehicles caused them to abruptly brake or completely stall on the road.
• Volkswagen denies any wrongdoing in regard to the systems.

(Aug. 6, 2020)

Consumers have filed a Volkswagen automatic braking system class action lawsuit, claiming they experienced issues with the vehicle feature.

Numerous plaintiffs allege they have experienced significant VW brake problems with certain 2015- to 2019-model-year Volkswagen vehicles. Allegedly, these vehicles are defective and can suddenly slow, stop or stall during operation.

According to the class action lawsuit, the defect is linked to the Volkswagen automatic braking system, which provides “front assist” or “forward collision warning.” Volkswagen reportedly touts this system as able to “help monitor traffic” and “alert you acoustically and visually to a potential rear-end collision with the vehicle moving ahead.”

However, instead of making vehicles safer as Volkswagen claims, the automatic braking system is allegedly prone to a defect that causes the vehicles to slow, stall or even stop completely in unexpected situations.

“Instead of making the class vehicles safer to operate, however, the front assist defect actually makes them significantly more dangerous to operate — to both the class vehicles’ occupants and to drivers and pedestrians in the vicinity of the class vehicles — when the brakes are suddenly engaged by the vehicle without reason and without warning,” the Volkswagen automatic braking system class action lawsuit states.

If the Volkswagen automatic braking system fails unexpectedly, the plaintiffs argue, drivers, passengers and other vehicles can be at risk for collisions.

Many plaintiffs say they experienced the VW brake problems at inopportune times – such as while driving on the interstate. Plaintiffs recount near misses on the road and even collisions with objects.

To make matters worse, Volkswagen is allegedly aware of the issue and has known about it since at least October 2017.

However, despite customers complaining about the VW brake problems, the company has reportedly failed to proactively warn buyers about the issue.

Instead, Volkswagen has allegedly concealed the issue.

When drivers brought their Volkswagen into dealership repair centers after having trouble with the automatic braking system, dealers were reportedly directed to simply disable the feature. Others were told to record the issue or inform customers that there was no fix, according to the Volkswagen automatic braking system class action lawsuit.

“Not only did Volkswagen actively conceal the fact that the Class Vehicles’ defective Front Assist braking could result in sudden and unexpected slowing and stopping events and other dangerous situations (and require costly repairs to fix), it did not reveal that the existence of this defect would diminish the intrinsic and resale value of the Class Vehicles,” the Volkswagen automatic braking system class action lawsuit argues.

As a result of Volkswagen’s conduct, the plaintiffs have allegedly experienced financial harm in the form of overpayment, loss of value and more. The plaintiffs also claim they would not have purchased the vehicles or would have paid significantly less if they were aware of the Volkswagen automatic braking system issue before their purchase.

The 14 plaintiffs bring a variety of claims in their VW class action lawsuit, including violations of the federal Magnuson-Moss Warranty Act, breaches of warranties and unjust enrichment. Further claims include violations of state consumer protection laws from California, Florida, Illinois, Kansas, Massachusetts, Missouri, New York, North Carolina, Pennsylvania and Utah.

“The unfair and deceptive trade practices committed by Volkswagen were conducted in a manner giving rise to substantial aggravating circumstances,” the Volkswagen automatic braking system class action lawsuit contends.

“Had plaintiffs and other class members known about the front assist defect at the time of purchase or lease of their vehicles, they would not have purchased or leased the class vehicles, or would have paid substantially less for the class vehicles.”

The plaintiffs seek to represent a class of current and former owners and lessees of model years 2015 to 2019 Volkswagen vehicles which were equipped with Front Assist automatic braking systems. On behalf of themselves and the proposed class, the plaintiffs seek actual damages, general damages, statutory damages, punitive damages, interest, injunctive relief, court costs and attorneys’ fees.

Have you experienced issues with the Volkswagen automatic braking system? What do you think of the VW brakes settlement? Share your story in the comment section below.

The drivers and proposed Class are represented by Bonner C. Walsh of Walsh PLLC, Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC, Adam Gonnelli of Law Office of Adam R. Gonnelli LLC and Tim E. Dollar of Dollar Burns & Becker LC.

The Volkswagen automatic braking system class action lawsuit is Dack, et al. v. Volkswagen Group of America Inc., et al., Case No. 4:20-cv-00615, in the U.S. District Court for the Western District of Missouri.

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