Wilson v. Volkswagen Group of America, Inc. Litigation Settlement

Welcome to the Settlement Website for the class action lawsuit, known as Wilson v. Volkswagen Group of America, Inc. Settlement, pending in the US District Court, Southern District of Florida.

A settlement has been reached in a class action that alleges model year 2009-2017 Volkswagen CC vehicles might potentially be susceptible to certain types of excessive uneven tire wear, sometimes requiring early replacement of tires. Volkswagen has denied the claims and maintains there is no defect or issue with respect to the vehicles or their tires. Current and former owners and lessees (“Class Members”) of model year 2009-2017 Volkswagen CC vehicles (“Settlement Class Vehicles”) may be eligible for certain benefits under the proposed Settlement. The court has issued an order dated January 28, 2020, and a judgment dated January 29, 2020, granting final approval of the class settlement.

The Settlement Class has been identified as the following:

All persons or entities who purchased or leased a Settlement Class Vehicle imported and distributed by Volkswagen Group of America, Inc. for sale or lease in the United States of America and Puerto Rico.

Excluded from the Settlement Class are (a) anyone claiming personal injury, property damage, and/or subrogation; b) all Judges who have presided over the Action, and their spouses; (c) all current employees, officers, directors, agents, and representatives of Volkswagen Group Companies, and their family members; (d) any affiliate, parent, or subsidiary of Defendants and any entity in which Defendants have a controlling interest; (e) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (f) anyone who purchased a Settlement Class Vehicle with a salvage title and/or any insurance company who acquired a Settlement Class Vehicle as a result of a total loss; (g) any insurer of a Settlement Class Vehicle; (h) any owners or lessees of Settlement Class Vehicles that were not manufactured for export specifically into the United States of America or Puerto Rico and were not imported or distributed by Volkswagen Group of America, Inc.; and (i) any Settlement Class Member who files a timely and proper request for exclusion from the Settlement Class.

Your Legal Rights and Options in This Settlement

Do Nothing	If you do nothing, you will be bound by the Settlement if the Court approves it. You could potentially receive a reimbursement for certain out-of-pocket expenses previously paid for qualifying past tire replacements and/or rotations after filing a claim with the Claims Administrator, and up to two free tire rotations, if you qualify under the terms of the Settlement.
Submit a Claim Form Deadline: April 25, 2020	If eligible, you may submit a completed and signed Claim Form for reimbursement for past qualifying tire rotations and/or past qualifying tire wear replacements, together with the required supporting documentation, to the Claims Administrator at Wilson v. Volkswagen, Claims Administrator, P.O. Box 3266, Portland, OR 97208-3266 by U.S. mail postmarked no later than April 25, 2020, or online via this website no later than April 25, 2020.
Exclude Yourself Deadline: December 30, 2019	Receive no benefits from the Settlement. If you want to exclude yourself from the Settlement, you must send a written request for exclusion by U.S. mail postmarked no later than December 30, 2019, stating clearly that you want to be excluded from the Settlement. You must include in the request for exclusion your full name, address, telephone number, signature, model year, Vehicle Identification Number of your vehicle, and the approximate date(s) of purchase or lease. You must mail your exclusion request postmarked no later than December 30, 2019, to the addresses in FAQ 11. You cannot exclude yourself on the phone or by email. If you submit your request to be excluded by U.S. mail or express mail, you will not get any benefits of the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Lawsuit. If you exclude yourself from the Settlement Class, you won’t get any money or benefits from this Settlement, and you should not submit a Claim Form.
Object Deadline: December 30, 2019	Write to the Court, Plaintiffs’ Counsel, and Defense Counsel about why you do not like the Settlement, the plan of distribution, the Fee and Expense Application, and/or the Incentive Award Application. If you object, you will still be a member of the Class. Your objection must include your full name, current address and telephone number, the model year and Vehicle Identification Number of your vehicle, proof that you own(ed) or lease(d) it, a statement of all your factual and legal grounds for objecting, any documents and/or briefs supporting your objection, a statement of whether you intend to appear at the Fairness Hearing, and your signature. You must also provide a detailed list of any other objections submitted by you, or your counsel, to any class action settlements submitted in any court in the previous five (5) years, or affirmatively state that you or your counsel has not objected to any other class action settlement in the previous five (5) years, in the written materials provided with the objection. If you intend to appear at the Fairness Hearing through counsel, your comment must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. You must send your objection to the three different places set forth in FAQ 17 such that it is received no later than December 30, 2019. If you do not submit a written comment on or objection to the proposed Settlement or the application of Class Counsel for incentive awards or attorney fees and expenses in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the Fairness Hearing and to appeal from any order or judgment of the Court concerning the matter.
Attend the Hearing	If you do not exclude yourself, you may ask the Court’s permission to speak at the Fairness Hearing concerning the proposed Settlement or the application of Class Counsel for attorneys’ Fees and Expenses and Settlement Class Representative incentive awards. The Fairness Hearing is set for January 27, 2020 at 8:30 a.m., at the United States Courthouse, Wilkie D. Ferguson, Jr. Building, Courtroom 12-3, 400 North Miami Avenue, Miami, Florida 33128. To ask for the Court’s permission to speak at the Fairness Hearing, you must send in a letter saying that it is your intention to appear at the Fairness Hearing in Wilson v. Volkswagen Group of America, Inc., Civil Action No. 1:17-cv-23033-SCOLA. The letter must state the position you intend to present at the Fairness Hearing, state the identities of all attorneys who will represent you (if any), and must include your full name, current address, telephone number, model year and Vehicle Identification Number of your vehicle(s), and your signature. You must send your letter to the Clerk of the Court, Class Counsel, and Defense Counsel set forth in FAQ 17 such that it is received no later than December 30, 2019. You cannot speak at the Fairness Hearing if you exclude yourself from the Settlement.

This Website explains important rights you may have. These rights and options, and the deadlines to exercise them, are further explained in the Notice Packet you may have received, or you may review the Frequently Asked Questions page of this website for additional information. Your legal rights are affected whether you act or don’t act.