FAQ – Frequently Asked Questions about the VW MPG lawsuit settlement

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.

  1. Am I included in the Settlement?
  2. Is anyone excluded from the Settlement?
  3. What options do I have?
  4. Do I need to submit a claim for compensation?
  5. What kind of documentation is required for my claim?
  6. What is the deadline to submit a claim for compensation?
  7. How much can I get in the Settlement?
  8. When and how will I receive my payment?
  9. What are the tax implications of receiving a Settlement payment?
  10. What happens to money that is not claimed?
  11. What would I be giving up in exchange for receiving the Settlement benefits?
  1. Will participating in the Settlement void or otherwise affect any pre-existing warranties provided by Volkswagen, Audi, Porsche, or Bentley?
  2. How do I get out of the Settlement?
  3. How do I tell the Court if I do not like the Settlement?
  4. What is the difference between objecting to the Settlement and opting out?
  5. Do I have a lawyer in the case?
  6. I’ve received solicitation letters from attorneys. Do I need to hire my own attorney to get money from the Settlement?
  7. How will the class lawyers be paid? And how much?
  8. When and where will the Court decide whether to approve the Settlement?
  9. Do I have to attend the hearing?
  1. Am I included in the Settlement?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 4.0L 2015
    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 3.6L 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 Tiguan 4MOTION 2.0L 2017
    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

  2. Is anyone excluded from the Settlement?The following entities and individuals are excluded from the Class:
    • Defendants’ officers, directors and employees and participants in Volkswagen’s Internal Lease Program, and/or Porsche Associate Lease Program; Defendants’ affiliates and affiliates’ officers, directors and employees; Defendants’ distributors and distributors’ officers, directors and employees;
    • Judicial officers and their immediate family members and associated court staff assigned to this case; and
    • All those otherwise in the Class who or which timely and properly exclude themselves from the Class, as provided in the Settlement.

    Back To Top

  3. What options do I have?
    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.

    Back To Top

  4. Do I need to submit a claim for compensation?Yes. To receive compensation, you must have submitted a claim and supporting documentation.The claim filing deadline was May 28, 2020.Back To Top
  5. What kind of documentation is required for my claim?
    If You Are A: You Must Submit:
    Current Owner
    (Owned as of August 30, 2019)
    • One of the following: Purchase agreement, bill of sale, title, registration from time of purchase, DMV registration history, or financing agreement reflecting VIN and purchase date of the vehicle. If the vehicle was purchased from a lease, please also include the documents listed in the “Former Lessee” section with your submission.

      AND

    • Proof of vehicle registration as of August 30, 2019.
    Former Owner
    (Sold before August 30, 2019)
    • One of the following: Purchase agreement, bill of sale, title, registration from time of purchase, DMV registration history, or financing agreement reflecting VIN and purchase date of the vehicle. If the vehicle was purchased from a lease, please also include the documents listed in the “Former Leaseholder of Vehicle” section with your submission.

      AND

    • Sale agreement reflecting sale date.
    Current Lessee
    (Leased as of August 30, 2019)
    • Lease contract or proof of monthly lease payment reflecting VIN and date of lease agreement.

      AND

    • Proof of vehicle registration as of August 30, 2019.
    Former Lessee
    (Lease terminated before August 30, 2019, and did not purchase off lease)
    • Lease contract or proof of first lease payment reflecting VIN and start date of lease agreement.

      AND

    • Proof of final lease payment, lease termination agreement or lease completion letter reflecting end date of lease agreement.


    Back To Top

  6. What is the deadline to submit a claim for compensation?The claim filing deadline was May 28, 2020.Back To Top
  7. How much can I get in the Settlement?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

  8. When and how will I receive my payment?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
  9. What are the tax implications of receiving a Settlement payment?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
  10. What happens to money that is not claimed?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
  11. What would I be giving up in exchange for receiving the Settlement benefits?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
  12. Will participating in the Settlement void or otherwise affect any pre-existing warranties provided by Volkswagen, Audi, Porsche, or Bentley?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
  13. How do I get out of the Settlement?The deadline to exclude yourself from the Settlement, or “opt out” of the Settlement was January 17, 2020.Back To Top
  14. How do I tell the Court if I do not like the Settlement?The deadline to object to the Settlement was January 17, 2020.Back To Top
  15. What is the difference between objecting to the Settlement and opting out?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
  16. Do I have a lawyer in the case?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
  17. I’ve received solicitation letters from attorneys. Do I need to hire my own attorney to get money from the Settlement?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
  18. How will the class lawyers be paid? And how much?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

  19. When and where will the Court decide whether to approve the Settlement?The Court granted final approval on February 28, 2020.Back To Top
  20. Do I have to attend the hearing?No. Class Counsel will answer questions the Court may have. The Court granted final approval on February 28, 2020.Back To Top