IS THE CLASS SETTLEMENT FINAL?
No. As of July 29, 2016 Judge Breyer has given the Class Settlement preliminary approval. There are additional mandatory steps that are described below that must occur before the Class Settlement is final and the benefits can be distributed to the Class Members. The hearing where we expect Judge Breyer to give final approval to the Class Settlement is scheduled for October 18, 2016.
DOES THE CLASS SETTLEMENT APPLY TO ME?
The Class Settlement applies to owners of 2009-15 Volkswagen and Audi 2.0 liter diesel cars. The eligible models are: 2009-15 Volkswagen Jetta TDI, 2009-14 Volkswagen Jetta Sportwagen TDI, 2012-15 Volkswagen Beetle TDI, 2012-15 Volkswagen Beetle Convertible TDI, 2010-15 Audi A3 TDI, 2010-15 Volkswagen Golf TDI, 2010-15 Volkswagen Golf Sportwagen TDI, 2012-15 Volkswagen Passat TDI. All such individuals are referred to as Class Members.
WHAT IF THE CLASS SETTLEMENT DOES NOT APPLY TO ME?
Our firm is continuing to work tirelessly for owners of 3.0-liter affected vehicles as well as those of you that leased your vehicle with a leasing company other than VW Credit, Inc. We will continue to update you with relevant information about your case.
WHAT OPTIONS DO I HAVE UNDER THE CLASS SETTLEMENT?
If you currently own or lease an eligible vehicle, you have choices. You can opt to (1) have Volkswagen buy back your car if you currently own it, (2) terminate your lease without an early-termination penalty if you are currently leasing the car through Volkswagen Credit, Inc. or Audi Financial Services, or (3) if an Emissions Modification is approved for your car by EPA and CARB, have your car’s emissions system modified at no charge. Vehicles that receive an Approved Emissions Modification will also receive an extended warranty covering the emissions system of the eligible vehicle. All three of these options include a cash payment from VW.
In addition, certain former owners or lessees may be eligible for cash payments under the Settlements. Former owners must register by September 9, 2016 to claim benefits under the Settlements. If you are a former owner and don’t register by that date, you will lose your benefits.
IS THE CLASS SETTLEMENT MANDATORY?
No. You may choose not to participate (Opt-Out) and instead sue Volkswagen. If you decide to Opt-Out you also risk getting a lesser settlement or none at all if your separate lawsuit is unsuccessful.
HOW DO I OPT-OUT OF THE CLASS SETTLEMENT AND IS THERE A DEADLINE TO DO SO?
Yes there is a deadline. If you decide to Opt-Out you must do so on or before September 9, 2016. You need to contact us immediately if you wish to Opt-Out so that we can discuss this with you and take the necessary steps before September 9, 2016 in order for you to formally Opt-Out.
WHY DO I HAVE TO WAIT TO RECEIVE THE BENEFITS OF THE CLASS SETTLEMENT?
The Class Settlement benefits cannot be paid until the Class Settlement receives final court approval. On October 18, 2016 Judge Breyer will decide if he is going to give final court approval of the proposed Class Settlement. This is often referred to as the “Fairness Hearing”. The settlement offers contained in the Class Settlement cannot be provided to any of the Class Members until Judge Breyer gives his final approval at the conclusion of the Fairness Hearing. Between now and then anyone with the appropriate standing can apply to appear at the Fairness Hearing and Judge Breyer will be accepting public comments concerning the Class Settlement.
If the Settlements receive final approval from the Court, Buybacks, Lease Terminations and payments to eligible former owners and former lessees will begin shortly afterwards. Emissions modifications (if approved by the EPA and CARB) will begin shortly after the modifications are approved.
WHAT DO I NEED TO DO NOW?
You need to login in and register yourself by going to https://claims.vwgoa.com.
DO I HAVE TO PAY ANY STATE OR FEDERAL TAXES IF I ACCEPT THE CLASS SETTLEMENT?
While the Class Settlement isn’t intended to create any tax liability you must consult with you CPA/tax advisor to determine the answer to this question.
WHAT HAPPENS IF I DECIDE TO SELL MY CAR?
DO NOT SELL YOUR CAR. If you sell your car after June 28, 2016, you will be ineligible for offers made in the Class Settlement. We strongly advise you to not sell your vehicle after June 28, 2016. If you believe that you should sell your car, please contact us before selling your car so that we can make certain that you fully understand the Class Settlement benefits that you would forego by doing so.
CAN I TAKE PART IN THE CLASS SETTLEMENT IF I SOLD MY CAR AFTER SEPTEMBER 18, 2015?
Yes, but only if you sold it between September 18, 2015 and June 28, 2016. If this applies to you we need to know that immediately because there is a deadline to identify you. That deadline is September 9, 2016 so contact us immediately if this applies to you.
DO I NEED TO KEEP MAKING MY CAR PAYMENT?
Yes. The Class Settlement does not allow you to stop making your monthly car payments. If you stop making your payments you may suffer adverse credit consequences and may lose your car.
DO I NEED TO KEEP MY CAR INSURED?
Yes. The Class Settlement does not allow you to stop insuring your car pursuant to the terms of your loan and or your state’s liability insurance requirements.
CAN I CANCEL MY EXTENDED WARRANTY?
Yes. The Class Settlement does not prevent you from cancelling your extended warranty and receiving a refund pursuant to the terms of your warranty plan however we do not recommend that you cancel your extended warranty prior to exercising your buyback right.
CAN I CANCEL MY GAP INSURANCE?
Yes. The Class Settlement does not prevent you from cancelling your GAP Insurance and receiving a refund pursuant to the terms of your GAP Insurance plan however we do not recommend that you cancel your GAP insurance.
CAN I KEEP DRIVING MY CAR?
Yes. The Class Settlement provides for you to drive your car 1,045 miles on average per month between September 2015 and the time that you exercise your buyback option without any reduction in your total compensation as identified when you register yourself and your vehicle. If you drive more than 1,045 miles per month your compensation will be reduced.
WHY AM I NOT NAMED IN THE CONSOLIDATED COMPLAINT?
The individuals named in the consolidated complaint are class representatives. Each class representative serves as a proxy for all other VW owners who are similarly affected and situated. A committee of several attorneys from law firms around the country selected the class representatives for the consolidated complaint. The selection was based on several factors, including the need for owners with particular vehicles who live in particular states. Other criteria included whether owners appear to be typical of many others, whether there are financial complications and what factors were important to the owner when they purchased their car. You will receive the same treatment and compensation as the named individuals in the consolidated complaint.
CAN I TAKE PART IN THE CLASS SETTLEMENT IF I LIVE OUTSIDE OF THE U.S.?
If you bought your car in the United States and still own it, it does not matter where you live, you can still be part in the Class Settlement. However, if you did not purchase your car in the United States, you may not take part in the Class Settlement.
CAN I TAKE PART IN THE CLASS SETTLEMENT IF I AM IN THE MILITARY WORKING OVERSEAS AND I HAVE MY CAR WITH ME?
Yes, if you bought it in the United States.
WHY DOESN’T THE CLASS SETTLEMENT PROVIDE COMPENSATION FOR ANY HEALTH ISSUES THAT I MAY HAVE SUFFERED AS A RESULT OF OPERATING MY CAR?
Health related issues are matters individual to each person and typically cannot be included in a class action. If you believe you or a child of yours has been injured as a result of Volkswagen’s emissions fraud, you should explore filing your own lawsuits as personal injury and health claims are not included in the Class Settlement.
IS THERE A CHANCE THAT I WILL RECEIVE ANY ADDITIONAL COMPENSATION BEYOND WHAT THE CLASS SETTLEMENT PROVIDES EVEN IF I ACCEPT THE CLASS SETTLEMENT?
Yes. We are continuing our investigation and pursuit of potential claims against Robert Bosch, GmbH and Robert Bosch, LLC as well as its former, present, and future owners, shareholders, directors, officers, employees, attorneys, affiliates, parent companies, subsidiaries, predecessors, and or successors subject to the terms of the Class Settlement and specifically the terms of Paragraph 6 of the Individual Release of Claims (Exhibit 5 to the Amended Consumer Class Action Settlement Agreement and Release – Document #1685).
CONTACT AND OTHER HELPFUL INFORMATION
- If you have sent an email to our legal team, please be patient. Our attorneys have received thousands of responses from vehicle owners. We are working as fast as we can to respond to you.
- If you have left a voice mail for Michael Heygood, Charles Miller, Mark Allan or any other member of the firm for any reason, we are working to get back to you as fast as we can.
- Helpful links include: