This section addresses common questions regarding the Settlement. You should review the Court-approved Notice and the Class Action Settlement Agreement for additional information regarding the Settlement and your rights.
The Settlement Class includes all persons (including individuals and entities) in the United States (including Puerto Rico) who own or lease a Class Vehicle as of August 30, 2019, or who previously owned or leased one of the Class Vehicles before that date. The list of Class Vehicles is included below:
|Make||Model||Engine Capacity||Model Year(s)|
|Audi||A8L||6.3L||2013 – 2016|
|Audi||RS7||4.0L||2014 – 2016|
|Audi||S8||4.0L||2013 – 2016|
|Bentley||Continental GT||4.0L||2013 – 2017|
|Bentley||Continental GTC||4.0L||2013 – 2014|
|Bentley||Continental GT Convertible||4.0L||2015 - 2017|
|Bentley||Flying Spur||4.0L||2015 – 2016|
|Bentley||Flying Spur||6.0L||2014 – 2016|
|Porsche||Cayenne||3.6L||2013 – 2014, 2016|
|Porsche||Cayenne GTS||4.8L||2013 - 2014|
|Porsche||Cayenne S||3.6L||2015 – 2016|
|Porsche||Cayenne S||4.8L||2013 – 2014|
|Porsche||Cayenne Turbo||4.8L||2013 – 2014|
|Porsche||Cayenne Turbo S||4.8L||2014, 2016|
|Volkswagen||Touareg||3.6L||2013 - 2014|
You may also check your Vehicle Identification Number (VIN) here to see your vehicle is a qualifying Class Vehicle.Back To Top
The following entities and individuals are excluded from the Class:
|Participate by Filing a Claim||To obtain compensation under this Settlement, you must submit a valid Claim. You can submit your claim now, and must electronically submit or postmark it no later than 30 days after final approval. Under the current schedule, the claim deadline is March 29, 2020. This schedule may change, so please visit this Settlement Website regularly for updates. Please refer to FAQ 4 below for details on how to submit a valid claim.|
|Request Exclusion||If you wish to exclude yourself from the Settlement, you must submit a request to exclude yourself from, or “opt out” of, the Settlement, by January 17, 2020 . If you do so, you will receive no compensation under this Settlement, but you will preserve your rights to sue the Defendants over the claims being resolved by this Settlement. For additional information about the exclusion process, please review FAQ 12.|
|Object||Write to the Court explaining what you dislike about the Settlement. If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class (if you are otherwise eligible) and are releasing the claims covered by this Settlement. If you make an objection, you must still submit a claim to receive compensation under the Settlement. For additional information about the objection process, please review FAQ 13.|
|Go to the Hearing||If you object to the Settlement as described above, you may ask to speak in Court about the fairness of the Settlement. For additional information about the Fairness Hearing, please review FAQ 18.|
Yes. To receive compensation, you must submit a claim and supporting documentation. You can submit a claim here or by clicking the “Submit a Claim” button at the top of this website.
You must submit a complete claim form and accompanying documentation by no later than 30 days after the Settlement receives final approval. Under the currently proposed schedule, that would mean a deadline no later than March 29, 2020. That schedule is subject to change without further notice, however, so please check this website regularly or call 1-855-942-0395 for updates, and submit your claim as soon as possible.Back To Top
|If You Are A:||You Must Submit:|
(Owned as of August 30, 2019)
(Sold before August 30, 2019)
(Leased as of August 30, 2019)
(Lease terminated before August 30, 2019, and did not purchase off lease)
Your Claim Form must be submitted online, or postmarked by no later than 30 days after the Settlement receives final approval. Under the currently proposed schedule, that would mean a deadline no later than March 29, 2020. If your claim is missing information or necessary documentation, however, you will be notified and you will have an additional 60 days from the date you are notified to fix the deficiency.Back To Top
You can calculate your estimated settlement compensation here.
Payment amounts are determined based on the specific Class Vehicle you own(ed) or lease(d), and the number of months that you owned or leased it. Class Members who are the original owners of their Vehicles and continued to own them on August 30, 2019 will receive the maximum compensation for that Vehicle. Class Members who held active leases as of August 30, 2019 are eligible for compensation for the full duration of their lease. Class Members who purchased their Vehicles used, but owned them as of August 30, 2019 will be entitled to compensation for the months they have owned their Class Vehicles, as well as any remaining months up to a total of 96 months after their Class Vehicles were first sold to the original owner.
For more information about how the specific Settlement compensation was determined for each Class Vehicle, please refer to Question 5 of the Long Form Notice.Back To Top
Settlement checks will be mailed to eligible claimants within thirty days of the later of: (i) the date the Court grants Final Approval of the Settlement, or (ii) the date the Claims Administrator receives a completed Claim Form.
If you have a question about your Claim or payment, please email info@VWMPGSettlement.com or call 1-855-942-0395.Back To Top
While it is the intention of Class Counsel that any payments made as a result of the Settlement not be subject to taxation, you should consult a tax professional to assess the specific tax implications of any payment you may receive. A tax professional will help you understand the specific tax implications for you.Back To Top
The total Settlement Value of approximately $96.5 million was calculated based on the assumption that all potentially eligible Class Members will submit timely and valid Claims. If, however, there are any funds remaining in the Settlement Value after all valid, complete, and timely Claims are paid to Class Members, the remaining money will be directed to environmental remediation efforts, subject to Court approval. This may include, for example, the purchase of greenhouse gas credits, environmental projects, and/or other, environmentally-focused recipients, as agreed by the Parties and approved by the Court.Back To Top
In exchange for your Settlement payment, you will give up your right to sue the Released Parties for the claims being resolved by the Settlement, and will give up your right to obtain compensation other than the set value provided by the Settlement. The Settlement has no effect on claims concerning vehicles not included in the Settlement. Please refer to Section 10 of the Settlement Agreement for the complete text and details of what Class Members give up unless they exclude themselves from the Settlement.Back To Top
If you do not want to receive benefits from the Settlement, and you want to retain the right to sue the Defendants about the legal issues in this case, then you must take steps to remove yourself from the Settlement. You may do this by asking to be excluded—sometimes referred to as “opting out” of—the Settlement. To do so, you must mail or e-mail a letter or other written document to the Court-Appointed claims administrator. Your request must include:
Your exclusion request must be postmarked or emailed no later than January 17, 2020 to the Claims Administrator at the following:
Volkswagen Fuel Economy Settlement
P.O. Box 3240
Portland, OR 97208-3240
If you do not exclude yourself from the Settlement, you may object to it. The Court will consider your views. To comment on or to object to the Settlement or Class Counsel’s request for attorneys’ fees and costs, you or your attorney must submit your written objection to the Court, including the following:
If you object through your own lawyer (hired at your own expense), your lawyer must comply with additional requirements contained in Section 8.2 of the Settlement Agreement.
In addition, if you intend to appear at the Final Approval Hearing (the “Fairness Hearing”), you must submit a written notice of your intent. Please review the Long Form Notice for additional information about this process.
You must mail your objection to all of the addresses below postmarked no later than January 17, 2020:
|Court||Class Counsel||Defense Counsel|
|Clerk of the Court/Judge Charles R. Breyer
Phillip Burton Federal Building &
United States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102
|Elizabeth Cabraser Lieff Cabraser
Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
|Sharon L. Nelles SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004
Cari Dawson Alston & Bird LLP
1201 W. Peachtree Street NE
Atlanta, GA 30309
You can object only if you do not opt out of the Class. Opting out is telling the Court that you do not want to be part of the Settlement, and you do not want to receive any payment from the Settlement. If you opt out, you have no basis to object to the Settlement by telling the Court you do not like something about it, because the case no longer affects you.
If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class (if you are otherwise eligible). If you make an objection, you must still submit a claim in order to receive compensation under the Class Action Settlement.Back To Top
Yes. The Court previously appointed Lead Counsel and a Plaintiffs’ Steering Committee to prosecute all consumer claims pending before Judge Charles R. Breyer as part of the “Clean Diesel” cases in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672). Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP is Lead Counsel and has been appointed Interim Settlement Class Counsel (“Class Counsel”) in this case.Back To Top
No. Class Counsel will represent you for purposes of the Settlement at no charge to you. As explained in FAQ 17 below, any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid by the Defendants in addition to the compensation available to Settlement Class Members. Please note, however, if you have been or are currently represented by your own lawyer, any moneys you may owe to your lawyer will not be covered by this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense. It is possible that you will receive less money overall if you choose to hire your own lawyer to litigate against the Defendants rather than receive compensation from this Settlement.Back To Top
Any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid separately by Defendants in addition to the Class compensation, and will not reduce benefits to Settlement Class Members.
Defendants will pay reasonable attorneys’ fees and costs to Class Counsel as awarded by the Court in addition to the benefits provided to the Class Members in the Settlement. Class Counsel will ask the Court to award up to $13 million in attorneys’ fees and costs in a document to be filed on December 13, 2019. That document will be available on this website shortly after it is filed and will describe the methodology and rationale behind Class Counsel’s request. Class Members will have an opportunity to comment on and/or object to this request. Defendants are free to contest the fee amount if they do not agree that the requested amount is reasonable. The Court must approve any attorneys’ fees and costs before they are paid by Defendants.
Defendants will not pay attorneys’ fees and costs to any attorneys other than Class Counsel and attorneys working under Class Counsel’s direction. If you have hired or choose to hire attorneys that have not been appointed as Class Counsel, you may incur additional charges, subject to your agreement with your personally-retained attorneys. No attorneys other than Class Counsel or other attorneys authorized by Class Counsel to perform work in connection with this Action will receive fees or expenses from Defendants under this Class Action Agreement or any fee-shifting statute.Back To Top
The Court will hold the final approval or “Fairness Hearing” on February 28, 2020, at the United States District Court for the Northern District of California, located at the United States Courthouse, 450 Golden Gate Avenue, 17th Floor, San Francisco, CA 94102, before determining whether to approve the Settlement and Class Counsel’s request for attorneys’ fees and costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to regularly check this website for the most recent information about the hearing date. At this hearing, the Court will hear evidence about whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement and Class Counsel’s request for attorneys’ fees and costs. We do not know how long that decision will take.Back To Top
No. Class Counsel will answer questions the Court may have. You are welcome to attend at your own expense. If you timely file an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You also may have your own lawyer attend at your expense, but it is not necessary.Back To Top