Christina Spicer  |  April 10, 2017

Category: Consumer News

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VW, Audi engine defect class actionCar 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.

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63 thoughts onVW, Audi Class Action Says Companies Concealed Engine Defect

  1. Hardey says:

    I’ve bought 6 a4s, 3 tiguans, and 4 passats with broken timing chains. Most for under $1k. Fixed them with updated parts and profited ??
    A few we’re even customers that I warned had the old style tensioner, prone to breaking. People should be more informed themselves. It’s not unknown the non-updated tensioners break. Service them and they won’t! It’s called taking care of your asset. Only a neglectful homeowner wouldn’t replace his roof if told it was failing. No different for these owners not replacing and updating their timing chain tensioners. Don’t blame others for your own neglect.

  2. Eric Myles says:

    I was told my 1.8t in my audi was a non interference motor but after taking it apart when my timing belt snapped they were wrong so wondering if that qualifys for the suit because i thought a simple 273$ timing set and water pump would fix it but turns out the motor needs replaced

  3. Patrick adams says:

    So audi has vehicles from years 2006-2013 that have oil consumption issues, timing chain issues, and I believe airbag issues. Is there a three for one lawsuit stirring somewhere. Should have stuck with an American car. Can I join this lawsuit please!

  4. Amanda Hunt says:

    Currently having my 2009 VW Tiguan fixed for the same issues.. timing chain jumped after turning the vehicle off & just didn’t crank back up afterwards…. having to have the timing belts, water pump, the head in the motor & other mechanical issues fixed all because a timing chain fault!! Extremely expensive & very disappointing!

  5. Matt Nelson says:

    I would also like to get in this lawsuit. Recently got rid of my Wife’s almost paid for 2011 Tiguan which was going to need a new engine – quoted at 7500-800 dollars. Due to “The Timing Tensioner” that broke and destroyed the engine. Then we found out after the fact that VW knew about this flaw and refused to acknowledge it.

  6. Brandy says:

    Currently having the time chain and components replaced in my car. 80k miles on the dash, car has aslways been dealer serviced. I signed up for notifications.

  7. jason says:

    We just had to replace the complete cylinder head assembly because of this parts failure on our 2012 Beetle with 80K miles on it. Please contact me.

    Orlando, FL

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  8. Pete Scott says:

    I had the same problem and they said it was my fault and I paid over $12,000 to fix the car. I am so disappointed with my Audi that I do not even know how to put it into words. They should be out of business in my opinion based on the fact that they do not stand behind their product. Very, very disappointing!

  9. Leslie Kolenda says:

    I would like the sign up info for this lawsuit please.

  10. Justin says:

    I had this issue and they blamed me saying I abused my car because it had stickers on it…..it cost 9k to fix……. the VW dealership also slandered my name at/ with a representative at saying that it was 100% my fault and I should be paying out of pocket and no coverage on my warrantee should be used or is covered VW USA……… it really made me feel horrible and I was quite depressed and felt much hardship because of the whole experience I had dealing with the dealership and VW USA

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