Volkswagen Clean Diesel Litigation

3-Liter “fix” approved for Touareg, Q7, Cayenne SUV

Regulators at the Environmental Protection Agency and California Air Resources Board have approved an emissions repair to over 38,000 cheating 3-Liter Diesel Sport Utility Vehicles. The repair will involve modifications to the computer systems and, in some cases, replacement of certain parts of the emissions system. Volkswagen, Porsche, and Audi will disclose the particulars of the repairs, warranty coverage and scheduling process in late October 2017.

You can read the letter from the regulatory agencies here, and visit www.vwcourtsettlement.com to schedule your fix appointment.

Court Grants Final Approval to 3.0-Liter Class Action Settlement & Bosch Class Action Settlement

On May 17, 2017, Judge Charles M. Breyer granted final approval to the 3.0-Liter Class Action Settlement with Volkswagen valued at $1.2-$4.04 billion, and also granted final approval to a $327.5 million settlement with Bosch, the supplier of the emissions software that was installed in some 2.0-liter and 3.0-liter Volkswagen, Audi and Porsche diesel vehicles.

Full information on the settlements, including the settlement agreements, class notices, executive summaries and FAQs are posted on VWCourtSettlement.com and BoschVWSettlement.com. Class members should consult the materials on the website for explanations and assistance in recovering their benefits under the settlements. The following videos briefly summarize the options available to class members with Generation One and Generation Two vehicles. Consumers can visit VWCourtSettlement.com to enter their vehicle’s VIN to learn if they have an eligible vehicle and see their range of compensation.

Preliminary Approval of VW/Audi/Porsche 3-liter and Bosch Settlements in Volkswagen “Clean Diesel” Litigation

Keller Rohrback is pleased to announce that Judge Charles Breyer of the Northern District of California has preliminarily approved two class action settlements in the Volkswagen “Clean Diesel” litigation. One settlement resolves claims against Volkswagen, Audi, and Porsche relating to 3.0-liter diesel vehicles, and the other resolves claims against Bosch, supplier of software installed in both 2.0- and 3.0-liter diesel vehicles. While the Bosch settlement is separate, owners and lessees of 2.0- and 3.0-liter Volkswagen, Audi, and Porsche diesel vehicles who make claims in the 2.0-liter and 3.0-liter class action settlements with Volkswagen will automatically receive additional benefits from the Bosch settlement.

Current and former owners and lessees of Volkswagen, Audi, and Porsche 3.0-liter diesel vehicles will soon be able to visit the 3.0-liter settlement website at https://www.vwcourtsettlement.com/en/3-0-models/ to learn more about these settlements, check their eligibility, and learn their options for returning or modifying their vehicles (when and if a modification is approved by EPA and CARB), and view an estimate of the restitution amount they will receive. 2.0- and 3.0-liter owners and lessees will be able to get more information about the Bosch settlement at https://www.boschvwsettlement.com/

There are three important deadlines to be aware of. If you wish to exclude yourself from either of the new settlements, you must do so by April 14, 2017. Instructions for how to do so can be found on the settlement websites. If you sold your 3.0-liter TDI vehicle prior to January 31, 2017, you may still qualify for benefits under the settlements, and must identify yourself to Volkswagen and by May 1, 2017 to receive benefits. The same deadline applies to identify yourself to Bosch if you wish to participate only in the Bosch settlement; you will automatically receive benefits from the Bosch settlement if you make a claim in the Volkswagen/Audi/Porsche 3.0-liter settlement. If you missed the deadline to register as an eligible seller in the 2.0-liter settlement with Volkswagen, you can still participate in the Bosch settlement, but must identify yourself to Bosch by May 1, 2017.

Judge Breyer will hold a hearing on May 11, 2017 to decide whether to grant final approval of the Settlements, and, when and if final approval is granted, buybacks, lease terminations, and approved vehicle modification will begin as soon as possible. Certain 3.0-liter class members will also be able to obtain part of their restitution payment as soon as their claim is submitted and accepted.

Additional information can be found on the Court’s website: http://www.cand.uscourts.gov/crb/vwmdl.

Transcript of Proceedings – 3L and Bosch Preliminary Approval Hearing – 02/14/2017

Court Grants Final Approval to 2.0-Liter Settlement

Keller Rohrback is pleased to report that this morning, Judge Charles Breyer granted final approval to the 2.0L class action TDI settlement.

In the settlement approved today, October 25, 2016, in the Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, owners and lessees of Volkswagen and Audi 2.0-liter diesel vehicles will receive substantial compensation through buybacks and lease terminations, government-approved emissions modifications, and cash payments, while fixing or removing these polluting vehicles from the road. Class members can now visit www.VWCourtSettlement.com to learn if they have an eligible vehicle and begin the claims process to register for and schedule their Buyback, Lease Termination, or if approved, their Emissions Modification.

Under the class action settlement agreement, Volkswagen will create a funding pool of up to $10.033 billion dollars. The settlement will provide consumers the choice of:

  • A Buyback or lease termination on approximately 475,000 2.0-liter diesel vehicles.
  • If approved by the EPA and California Air Resources Board (or CARB), an emissions modification to ensure the vehicle no longer generates excess nitrogen oxide emissions.

Whether they choose a Buyback or an approved emissions modification, the settlement also offers eligible owners and lessees cash compensation. This is in addition to the vehicle’s buyback value or approved modification.

Under agreements with EPA and CARB, which are incorporated in the class action settlement agreement, Volkswagen will pay an additional $2.7 billion for environmental remediation and commit another $2.0 billion to promote Zero Emissions Vehicle technology. Volkswagen will also be required to pay additional money into a mitigation trust if it fails to remove from commerce or modify at least 85 percent of covered 2.0 liter vehicles by June 30, 2019. Volkswagen also reached separate agreements with the Federal Trade Commission as well as a number of State Attorneys General.

Vehicle Buyback:

Under the terms of the class action settlement, eligible owners who choose the Buyback program will receive a payment based on the September 2015 National Automobile Dealers Association (“NADA”) Clean Trade-In value of the car (before the “defeat device” was revealed), adjusted for their options and mileage. Certain owners will be eligible for forgiveness of their car loan obligations, and certain lessees will be able to terminate their lease with no penalty for early termination. Volkswagen may begin buying back eligible vehicles as early as the fall of 2016, just over one year after the diesel emissions issues were first revealed.

Vehicle Fix:

Alternatively, if owners or lessees prefer, they can wait and see whether an emissions modification is approved by EPA and CARB for their vehicles. If and when an EPA and CARB-approved emissions modification becomes available, Volkswagen will modify their non-compliant 2.0-liter vehicle free of charge. If a modification is not approved for a certain vehicle, the Buyback Program will still be available, or a class member can withdraw from the settlement. Volkswagen will be prohibited from re-selling, in the U.S. or abroad, any vehicle that does not receive an approved emissions modification.

Cash Payments:

Current and certain former owners and lessees will also receive cash payments in addition to the buyback value or approved modification. The amount for current owners and lessees is the same whether one participates in the buyback, lease termination, or modification program. Certain former owners and lessees will receive cash payments even though they no longer have a vehicle to sell back or fix. The settlement agreement includes a formula for how this cash payment is determined. For example, most owners who purchased a 2.0-liter vehicle before September 18, 2015 will be eligible for a payment ranging from $5,100 to approximately $10,000 per vehicle. This cash is to be paid on top of the September 2015 Clean Trade-in value for those participating in the Buyback Program.

Class members can visit www.VWCourtSettlement.com to learn if they have an eligible vehicle. Now that the Court has granted final approval, the claims process will open to eligible Volkswagen and Audi 2.0 liter owners and lessees. Volkswagen and Audi 3.0-liter vehicles are not covered in this settlement, as those claims continue to be litigated. Additional information can also be found on the Court’s website: http://www.cand.uscourts.gov/crb/vwmdl.

Case Overview

In 2015, Volkswagen admitted that 11 million of its vehicles were equipped with software that was used to cheat on emissions tests. In response to these admissions and public outrage, Keller Rohrback, filed several lawsuits against Volkswagen related to the defeat device vehicles. Since then hundreds of concerned consumers from around the country have contacted Keller Rohrback to find out what they can do to help ensure that Volkswagen is held responsible for its actions. This means forcing Volkswagen to compensate consumers and fix the polluting cars.

Case Documents

CARB and EPA Letter Approving Fix – 10/20/2017

Transcript of 3L/Bosch Fairness Hearing Proceedings – 05/15/2017

Order Granting Final Approval of the Consumer and Reseller Dealership 3.0-Liter Class Action Settlement – 05/15/2017

Order Granting Final Approval of the Bosch Class Action Settlement – 05/15/2017

Transcript of Preceedings – 3L and Bosch Preliminary Approval Hearing – 02/14/2017

Consumer and Reseller Dealership 3.0-Liter Class Action Settlement Agreement and Release (Settlement Agreement) – 01/31/2017

Plaintiffs’ Notice of Motion, Motion, and Memorandum Support of Preliminary Approval of the 3.0-Liter Tdi Class Action Agreement and Approval of Class Notice – 01/31/2017

Order Granting Final Approval of the 2.0-Liter TDI Settlement – 10/25/2016

Transcript of Proceedings – Final Approval Hearing – 10/18/2016

Status Conference Hearing Transcript — 08/25/2016

Preliminary Approval Hearing Transcript — 07/26/2016

Order Granting Preliminary Approval of Settlement — 07/26/2015

Motion for Approval of Amended Class Action Agreement and Approval of Class Notice — 07/26/2016

(Amended) Consumer Class Action Settlement Agreement and Release — 07/26/2016

Transcript of Proceedings — 06/30/2016

Plaintiff’s Consolidated Consumer Complaint — 02/22/2016

Order Appointing Plaintiffs’ Steering Committee — 01/21/2016

Pretrial Order No. 6: Appointment of Robert S. Mueller III as Settlement Master — 01/19/2016

Intent to Appoint Robert S. Mueller as Settlement Master — 01/11/2016

MDL Transfer Order –12/08/2015

For information about the latest developments and listings of the affected vehicles, we urge you to visit our VW Resource CenterIn addition, the court has established the following webpage to notify members of the public of important news and information about access to proceedings and to case information: http://www.cand.uscourts.gov/crb/vwmdl.

 

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If you would like more information regarding this case, please contact us via or call us at (206) 623-1900.