VW class action claims automaker fails to provide required warranty for PZEV vehicles

VW warranty class action overview: 

• Who: A VW owner is suing the automaker. 
• Why: The plaintiff says VW failed to properly identify and pay for the diagnosis, repair, and replacement of in tank fuel pumps in certain Partial Zero Emissions Vehicles for 15-years or 150,000-miles.
• Where: The VW warranty class action lawsuit was filed in a California federal court.

VW skirted its legal responsibility to pay for the repair and replacement of in tank fuel pumps in certain Partial Zero Emissions Vehicles in California, a new class action lawsuit alleges.

Plaintiff Nicole Rosser filed the class action lawsuit against Volkswagen Group of America Inc. (VW) on Feb 16. in a California federal court, alleging violations of California consumer law.

According to the lawsuit, VW failed to properly identify and pay for the diagnosis, repair, and replacement of in tank fuel pumps in certain Partial Zero Emissions Vehicles (PZEVs) for 15-years or 150,000-miles, pursuant to the California Code of Regulations Title 13 relating to Partial Zero Emissions Vehicles and Super Ultra Low Emissions Vehicles.

VW has received Emissions Credits from the California Air Resources Board for the vehicles and has declared Partial Zero Emissions Vehicle qualification with the board, the plaintiffs say. 

Under the California Emissions Warranty, defects which increase regulated emissions in PZEV vehicles, defects which cause PZEV vehicles to fail California emissions tests, and defects which cause the check engine light on PZEV vehicles to illuminate, shall be covered under warranty for 15-years or 150,000-miles, the lawsuit states. 

The class vehicles have tank defects that increase regulated emissions, cause the MIL to illuminate, and cause the vehicle to fail a California smog check, the plaintiffs say. 

“Therefore, the in tank fuel pumps in Class Vehicles should be covered by the California Emissions Warranty.” 

Drivers are paying out of pocket for fixes that should be covered under warranty, they say

However, VW does not provide proper warranty coverage for in tank fuel pumps in the vehicles, meaning the plaintiffs are continuing to pay out of pocket for repairs that should be covered under the California Emissions Warranty, they say.

Their claims relate to all vehicles distributed by VW that are PZEV vehicles and for which VW does not provide 15-years or 150,000- miles coverage relating to in tank fuel pumps.

“VW has failed to extend California Emissions Warranty coverage to in tank fuel pumps in Class Vehicles as required by the CCR… this is an unlawful and unfair business practice.”

The plaintiffs seek to represent anyone in California who have been owners or lessees of the vehicles and whose in tank fuel pumps are not covered for 15-years or 150,000-miles

They allege violations of California consumer laws and seek certification of the class action, an order forcing VW to cover the in tank fuel pumps, damages, fees, costs and a jury trial.

Meanwhile, Volkswagen has failed to offer a solution to owners of 3G connected vehicles even as wireless carriers are shutting down 3G networks, leaving certain important features inoperable, a 2022 class action lawsuit alleges.

Do you own one of the vehicles mentioned in this VW lawsuit? Let us know in the comments! 

They are represented by Adam Rose, Robert L. Starr and Manny Starr of The Law Office of Robert Starr Frontier Law Center.

The Volkswagen class action lawsuit is Nicole Rosser et al., v. Volkswagen Group of America Inc, Case No. 2:23-cv-01171 in the U.S. District Court for the Central District of California. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Volkswagen class action claims 3G phase-out renders some car features inoperable
• BMW class action alleges automaker misrepresents range of i3
• LiftMaster myQ garage door control panels recalled due to entrapment hazard
• Jeep Wrangler 4xe class action alleges defect makes electric-only operation impossible