VW, Audi Class Action Says Companies Concealed Engine Defect

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Car manufacturers Audi and Volkswagen were hit with a class action lawsuit alleging the companies concealed an engine defect that cost consumers hundreds of dollars to fix.

Lead plaintiffs claim in their class action lawsuit that Audi and VW knew that the timing chains in various model year 2008 to 2013 vehicles were defective causing early engine failure.

According to the class action, the defect causes affected vehicles to suddenly lose power, affects acceleration, speed, and steering wheel control, as well as the braking system.

“Class engines use a hydraulic timing chain tensioner actuated by engine oil pressure to regulate tension on the timing chain tensioning rail that applies tension to the timing chain,” describe the plaintiffs in their class action. “This tension keeps the timing chain from jumping the teeth on the sprockets that are attached to the camshafts and crankshaft and maintains synchronization between rotating engine components including the cylinder valves and pistons. Without proper timing chain tension and synchronization, the engine will run very poorly (if at all) and/or, if sufficient chain skip and mis-synchronization occurs, its failure to function properly will cause cylinder valves and pistons to collide, resulting in severe internal damage to the engine.”

The plaintiffs contend in their class action that timing chains generally last for a minimum of 120,000 miles, but the defective timing chains in Audi and VW vehicles can go at any time and put vehicle owners at risk of rear end collisions. The plaintiffs claim that the defect cost a minimum of $1,200 to fix, but if the entire engine needs to be rebuilt, the cost can skyrocket to $10,000.

According to the complaint, the following Audi and VW models are affected by the defect: various models of Volkswagen Beetles, Golfs, Jettas, Passats, Rabbits, Routans, Tiguans and Touaregs, as well as Audi A3s, A4s, A5s, A6s, A7s, Q3s, Q5s and Q7s.

The plaintiffs claim that Audi and Volkswagen committed fraud and negligent misrepresentation by allegedly concealing the defect from consumers. Additionally, the plaintiffs allege that the car manufacturers breached express and implied warranties made to consumers by failing to cover the cost of repair. The plaintiffs also claim that Audi and Volkswagen violated the federal Magnuson-Moss Warranty Act and Florida State consumer laws and were unjustly enriched.

Volkswagen and Audi were hit with several class action lawsuits last summer that similarly complained that the car manufacturers “wrongfully and intentionally concealed a defect in the timing chain system.”

The plaintiffs are seeking to represent a nationwide Class of affected Audi and VW owners and lessees, along with a Florida subclass. The plaintiffs are seeking damages and an injunction, as well as an order requiring Audi and VW to institute a buy back or repair program for affected vehicles and corrective advertising. The plaintiffs are also seeking attorneys’ fees.

The plaintiffs are represented by Peter Prieto, John Gravante, Matthew P. Weinshal and Alissa Del Riego of Podhurst Orseck PA.

The Audi, VW Defective Timing Chain Class Action is Artola, et al. v. Aktiengesellschaft, et al., Case No. 1:17-cv-21296, in the U.S. District Court for the Southern District of Florida.

UPDATE: On May 14, 2018, Volkswagen agreed to a settlement that would end a multidistrict litigation claiming that many vehicles’ engines have a timing chain tensioner that’s defective. Volkswagen will cover up to $6,500 in engine repairs and $2,000 in timing chain system repairs to putative Class Members.

UPDATE 2: September 2018, the Volkswagen timing chain defect class action settlement is now open. Click here to file a claim.