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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.
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188 thoughts onVW, Audi Hit With Third Class Action Over ‘Hidden’ Engine Defect
This happened to my 2012 VW CC Sport last week. I have 136,000 miles on car as I commute 100 miles a day.
Over $5,000 to repair or replace the engine with a used engine.
I am still paying for car and VW Customer Care says they will not help me in any ways to fix this.
My car is now a very expensive paper weight and I am a tad upset!
This tensioner should have been recalled or at least had the warranty extended on it…
But that would have been expensive for VW as to replace it means a huge repair bill for each car.
Happened to me 2 days ago. I have treated this car so good and now it going to sit untill i come up with 4000 to buy a new tsi or rebuild it. This is crazy. VW was quality.
2009 Audi A4 timing chain tensioner failure. The car is at the mechanics shop now waiting on parts.
How can so many people experiencing the same issue be swept under the rug by VW/Audi? How do I share my experiences in this class action lawsuit?
I too, just got the call from the VW dealership that my 2011 CC is dead due to timing belt issue. I drive an hour and a half each way back and forth to work…no idea that I had a severe, dangerous and costly malfunction awaiting me when I woke up the next morning to start my car. I had a red oil indicator light come on on the way to work the previos day, never seen that before. I baby my car, a bit of OCD probably. Concerned with seeing the indicator light, I took it in to get an oil change. After having the car serviced, I made several stops throughout the day with no indications of a problem. Made the hour and a half trip home, parked the car for the car for the night. Woke up the next morning to a car that would not start.
I have had other concerns with the car. One specific concern with the car jumping out of gear (neutral)…no power while driving, the car engaging only after I take my foot of the accelerator. This has happened several times over the life of the five plus year old car. I brought it to the dealerships attention several times, but they told me that they could not reproduce the occurrence and therefore it didn’t happen. I read about this happening to others. Could this be part of the same issue?
I have a 2009 Passat and the same thing has happened to my vehicle. How do we join this lawsuit?
I have a 2011 Audi Q5 with the 2.0 engine. I had problems with it and each time Audi stated it was fixed, just to break down again. They stated that I had catastrophic engine failure and I needed a new engine at the cost of $14,700. Of course I can not afford that for a new engine. They were unwilling to help me with anything. Basically tough luck. I am still paying on a car that I can not drive. I believe that my car would be a great fit for this lawsuit.
I too have suffered damages from this type of defect in a car of relevant model and year. How does one go about joining this class action lawsuit in the US?
I have this exact issue and needs to be fixed. What do I do? Who can I contact? 2009 audit TT 2.0
I have the same timing chain tensioner engine snafu. Car is sitting dead with a $6k bill to fix it. Does any class action also include AUSTRALIA? If not how can we make this class action global??
Just happened to my 2011 VW CC at 81K. Maguire dealer at Ithaca, NY with corporate Volkswagen refused to cover a single cent of $7,000 bill. Is there an easy way to sign-up besides bluntly emailing the attorneys?