Volkswagen Escapes Audi Brake Defect Class Action Lawsuit

A class action lawsuit accusing Volkswagen of designing faulty brakes and rotors in their Audi Q7 was dismissed by a federal judge on Wednesday, who said the plaintiff failed to establish elements of her claims and her claims were time barred.

Lead plaintiff Sandra Speier-Roche alleged in the Audi class action lawsuit that she leased a Q7 Audi in 2007 and also received a limited warranty that covered the cost of all parts and labor needed to repair any defective manufacturing up to 12 months and 12,000 miles, according to court documents. Speier-Roche alleged that the brakes and rotors were defective and required frequent replacement, in violation of express and implied warranties. Speier-Roche filed the Audi brake class action on behalf  of Audi owners since 2007, and alleges Volkswagen violated the Florida Deceptive and Unfair Trade Practices Act and breached their written warranty under the Magnuson-Moss Warranty Act.

On April 30, U.S. District Judge Frederico A. Moreno ordered the Audi class action lawsuit dismissed, pointing out “[i]n pertinent part, Audi’s New Vehicle Limited Warranty explains that the Vehicle’s brake pads and rotors are ‘items that are subject to deterioration due to normal wear, driving habits or conditions’ and consequently lists brake pads and rotors as items that are only covered for a limited warranty period of the earlier of 12 months/12,000 miles.”

The judge also stated “This court finds that [Speier-Roche] fails to adequately state a valid cause of action in any of the counts of her amended complaint,” and “[a]ll of her claims are time-barred, and in addition, key elements of every claim are missing.”

Regarding the warranty claims, the judge pointed out “[b]ecause the applicable warranty term here is that of 12 months/12,000 miles, Plaintiff s Count for Breach of Express Warranty (Count 1) fails. lt is undisputed that Plaintiff was not charged for the brake pad and rotor replacement within the 12-months/12,000 mile parameters of the Warranty applicable to brake parts. She cannot assert a claim for breach of express warranty.”

The judge said that even if the Audi brake class action lawsuit had established the existence of a breach of express warranty, the warranty on the brake pads and rotors in the plaintiff’s vehicle expired 12 months after she leased the vehicle, on the date of March 20, 2008 – “well over five years before this litigation commenced on September 30, 2013.” In addition, Florida provides a five-year statute of limitations for breach of express warranty claims.

The judge also pointed out “[p]laintiff was put on notice of her claim on March 13, 2008, when, by Plaintiff s own claim, her Vehicle needed its first allegedly ‘premature’ brake pad and rotor replacement. Thus, Plaintiff s express warranty claim becnme untimely as of March 13, 2013, over six months before this litigation commenced.”

The plaintiff, Sandra Speier-Roche, is represented by Michael S. Olin of Michael S. Olin PA; Richard E. Norman and R. Martin Weber Jr. of Crowley Norman LLP; and Matthew R. Mendelsohn and Adam M. Slater of Mazie Slater Katz & Freeman LLC.

The Volkswagen Defective Audi Brake Class Action Lawsuit is Speier-Roche v. Volkswagen Group of America Inc. et al., Case No.1:14-cv-20107, in the U.S. District Court for the Southern District of Florida.