Michael A. Kakuk  |  July 20, 2016

Category: Consumer News

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Volkswagen AudiA 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

  1. andrew montgomery says:

    This is a very sad club to join. Engine just died while driving down a very busy road. How do I learn more

  2. Alison Walker says:

    I want to join the claim as well. I have a 2009 Tiguan engine has failed car has been in the shop for 2 months. Royal Administration is giving me the run around on repairing the vehicle. I still owe on the car I purchased it last year with 60860 miles it failed at 70798. Only had the car for a year.

  3. Ann Marie Houlihan says:

    I just had my car towed to the dealership and was informed of the timing chain tensioner failing and the need for new timing chain and tensions. Cost $3,3250. They offered to have someone in sales contact me for a trade-in. Mine is a 2009 Volkswagon EOS and I’d like in on this class action lawsuit.

  4. Stan says:

    Happened to my 2010 GTI. Dealer told me $9k to repair with a straight face! Called VW customer care and they said they know nothing about the issue or the class action lawsuits. Very frustrating.

  5. Gina Ramirez says:

    This just happened to my 2010 jetta . Please will someone help out on how to file a claim .. thank you .

    1. David You says:

      Were you able get some help? Because the same problem occurred to me few days ago and I was wondering if there is even a class action lawsuit. Would you or anyone please help me out? 3 months ago, I had my engine taken apart to add a new piston due to over consumption of engine oil. The service advisor told me that I would have to replace the water pump as well. At this point, I was certain that there would not be other issues after replacing these parts. But unfortunately, my car randomly shook and failed on me at the most inconvenient area, on the mountains of Big Sur. Luckily, the trail of cars behind me was able to quickly react to my stalled car. I had to pay over $800 to the nearest audi service center to check out the car. They told me I have to replace my fuel pump and batteries; however, they did not assure me that replacing these parts would fix the problem. I understand how well they can milk your wallet. From what my close friend experienced, He told me that they could tell you to fix one thing that is not even the source of the problem, and continuously, advice you to fix other parts until all the parts with the potential of being the source of the problem are replaced. I am afraid to allow them to resume to fix the problem. The audi dealer is quoting me for $1500 for a battery and fuel pump, even though they are not certain if that would be the source of the problem.

  6. Marce says:

    I currently have my wife’s Tiguan at the dealer and my chain tensioner took a dump I’m pretty sure the valves are bent she is out of a car and we need this truck 2010 VW Tiguan 62k miles I need advice!

  7. Kristin says:

    This happened to my 2010 Audi A5 with 67,000 miles on the car. $8,000 to replace the engine and was treated like a second class citizen by Audi customer service!

  8. Darren says:

    This happened to my wife’s Tiguan recently. Same conditions as everyone else described and total engine failure. We were one of the lucky one’s as we had a 3rd party extended warranty that covered a good portion, however we are still out a lot of $ that we would like to recover.

  9. Barbara says:

    My 2012 Volkswagon Eos just had the same issue. I had it towed to a Volkswagon dealer…..they explained that the timing chain was the problem and quoted me 3000.00 to repair……really? I had it towed away after paying them 235.00 to “diagnois” the problem they were already aware of, shameful. How do I file a claim?

    1. Justin says:

      Exact same issue I had. Even the fee to tell me going to be 4K to fix and 7K to replace.

    2. Cheryl Miller-Holmes says:

      My 2009 EOS also had engine failure at 89,000 miles but it is not on the list for this lawsuit.

  10. Debbie Hatt says:

    I have a 2011 a4. Complete engine failure. It always passed the old consumption tests but I was there constantly for more oil!!! They told me last week it will cost $12,800 to fix it and they had told me last month, they would
    Give me 10k for the trade in value toward
    A new car. Should have taken it.
    They will pay! Contact me to get in this class action suit please.

    1. Amy Hinojosa says:

      Hi Debbie,

      I have a 2010 A4 that is currently in the shop to the tune of over $4k in repair due to engine failure because of the timing chain failure at well under $100,000 miles AND when the vehicle was running it consumed excessive oil! How do I get in on a class action suit??

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