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 have submitted a valid Claim. The claim filing deadline was May 28, 2020.|
|Request Exclusion||The deadline to exclude yourself from the Settlement, or “opt out” of the Settlement was January 17, 2020.|
|Object||The deadline to object to the Settlement was January 17, 2020.|
|Go to the Hearing||The Court granted final approval on February 28, 2020.|
Yes. To receive compensation, you must have submitted a claim and supporting documentation.
The claim filing deadline was May 28, 2020.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)
The claim filing deadline was May 28, 2020.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
No. Participating in the Settlement will not affect any preexisting warranties provided by Volkswagen, Audi, Porsche, or Bentley and will not change your existing warranty coverage. By participating in the Settlement, however, you are releasing your right to sue the Defendants for any claims (including claims for breach of warranty) based on getting fewer miles-per-gallon than anticipated for your vehicle. For more information about the claims you are releasing, please see FAQ 11.Back To Top
The deadline to exclude yourself from the Settlement, or “opt out” of the Settlement was January 17, 2020.Back To Top
The deadline to object to the Settlement was January 17, 2020.Back To Top
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 18 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 granted final approval on February 28, 2020.Back To Top
No. Class Counsel will answer questions the Court may have. The Court granted final approval on February 28, 2020.Back To Top