VW, Audi Hit With Third Class Action Over ‘Hidden’ Engine Defect

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A class action lawsuit filed by 24 plaintiffs from 17 different states alleges that Volkswagon and Audi hid a known engine defect from purchasers of certain 2008 through 2013 model cars. The complaint asserts, “Defendants wrongfully and intentionally concealed a defect in the timing chain system” of VW & Audi vehicles with an EA888 engine.

According to the Audi and VW engine defect class action lawsuit, the hidden defect “presents a significant safety risk” because “when the Timing Chain System suddenly and unexpectedly fails, Class Vehicles lose engine power” and “drivers and occupants of the Class Vehicles are at risk for rear-end collisions and other accidents.”

This most recent VW and Audi class action lawsuit over an alleged timing tensioner hidden defect  joins two previous lawsuits with similar allegations against both car manufacturers from May of this year. The first Volkswagen lawsuit was filed by a plaintiff from New Jersey who alleges that his 2012 VW Jetta timing chain failed from because of the latent defect. The second lawsuit was filed by a plaintiff from Connecticut who claims that his 2011 Volkswagen GTI catastrophically failed because of the same defective timing chain tensioner system.

Like the previous lawsuits, this class action alleges that a latent defect in the tensioner system of the timing chain can cause the chain to “jump a tooth” in the vehicle’s camshaft, which causes serious and sometimes fatal damage to the engine. The complaint contends that the defect is impossible for car owners to discover, but Audi and Volkswagen knew of the tensioner system problem since at least June 2010. Normally, the timing chain is meant to function perfectly for at least 120,000 miles, the class action states, because the system is not on the schedule for recommended maintenance from the manufacturers. However, with the defective tensioner, the timing chain frequently fails well before that mark, but often after the warranty has expired.

The class action lawsuit alleges that Audi and Volkswagen failed to inform customers of the latent defect prior to purchase or lease of the affected vehicles.  In Addition, “Defendants refused to fully reimburse or compensate certain Plaintiffs for vehicle repair expenses or provide a suitable substitute or replacement vehicles” to fix or reimburse consumer who were affected by the engine defect.

The latest VW & Audi engine defect lawsuit requests to certify a Class of all persons “in the United States who purchased, own, owned, lease or leased a 2008 through 2013 model year 2.0L TSI or 2.0L TFSI VW or Audi vehicle containing the defective Timing Chain System.” The complaint asserts that Audi and Volkswagen violated the consumer protection laws of Arkansas, California, Colorado, Connecticut, Florida, Illinois, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, and Washington, and asks for subclasses for residents of those states. The lawsuit seeks restitution, including treble damages and punitive damages under various state consumer protection laws.

The 24 plaintiffs are represented by James E. Cecchi and Lindsey H. Taylor of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman, P.C., Joseph H. Meltzer, Peter A. Muhic, Melissa L. Troutner, and Ethan Barlieb of Kessler Topaz Meltzer & Check, LLP, and Thomas P. Sobran of Thomas P. Sobran, P.C.

The VW & Audi Engine Defect Class Action Lawsuit is Dena Stockalper, et al., v. Volkswagen Aktiengesellschaft, et al., Case No. 2:16-cv-04346, in the U.S. District Court for the District of New Jersey.

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.