- Why did I receive a Notice?
- What is the background of this case?
- Why is this a class action?
- Who is included in the Settlement?
- What are the details of the Settlement?
- How do I send in a claim for reimbursement?
- What is "Qualifying Tire Wear"?
- When do I get my reimbursement or learn whether I will receive a payment?
- What am I giving up to stay in the Settlement Class?
- How do I get out of the Settlement?
- If I didn’t exclude myself, can I sue later?
- If I excluded myself from the Settlement, can I still receive a payment?
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid, and will the Plaintiff Settlement Class Representatives receive incentive awards?
- How do I tell the Court that I like or dislike the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- What happens if I did nothing?
- How do I get more information?
Why did I receive a Notice?
If you received a Notice in the mail, then according to Volkswagen Group of America, Inc.’s (“VWGoA”) records, you are a current or past owner or lessee of a 2009 through 2017 model year Volkswagen CC vehicle. As a current or past owner or lessee of a Settlement Class Vehicle, you are considered a “Settlement Class Member."
To view a copy of the Notice, click here.Back To Top
What is the background of this case?
A settlement has been reached in a class action in which it is alleged that certain defects and recommended tire rotation intervals might have potentially resulted in certain types of excessive uneven tire wear in the Settlement Class Vehicles, sometimes requiring early replacement of tires. Volkswagen has denied the allegations and maintains there is no defect or issue with respect to the vehicles, their tires, or the recommended tire rotation intervals. The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks and cost of a trial, and the people affected (the Settlement Class Members) can, to the extent eligible, receive benefits quicker. The Class Representatives and the attorneys think the Settlement is best for the Settlement Class.Back To Top
Why is this a class action?
In a class action, one or more people called "Class Representatives" (in this case, Plaintiffs Lila Wilson, Matthew Martino, Thomas Wilson, Teresa Garella, Mary Blue, Ryan Brown, Brian Maytum, Leigh Glasband, Nick Panopoulos, Carissa Macchione, Sydnee Johnson, Jorge Cruz, Debbie Gray, Lorne Spelrem, and Ismael Orrantia) sue on behalf of people who have similar claims. The people included in the class action are called the "Settlement Class" or "Settlement Class Members". One court resolves the issues for all Settlement Class Members, except for those who chose to timely exclude themselves from the Settlement Class.Back To Top
Who is included in the Settlement?
The Court has approved the following definition of a Settlement Class Member:
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:
- Anyone claiming personal injury, property damage, and/or subrogation;
- All Judges who have presided over the Action, and their spouses;
- All current employees, officers, directors, agents, and representatives of Volkswagen Group Companies, and their family members;
- Any affiliate, parent, or subsidiary of Defendants and any entity in which Defendants have a controlling interest;
- Anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale;
- 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;
- Any insurer of a Settlement Class Vehicle;
- 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
- Any Settlement Class Member who filed a timely and proper request for exclusion from the Settlement Class.
What are the details of the Settlement?
Volkswagen has agreed to a settlement in which current and former owners and lessees (“Settlement Class Members”) of 2009 through 2017 model year Volkswagen CC vehicles (“Settlement Class Vehicle”) may be eligible for the following benefits:
1. Settlement Class Members who submitted qualifying and timely claims, with the required supporting documentation, may be entitled to a pro rata reimbursement for certain past unreimbursed out-of-pocket tire reimbursement expenses that were incurred within thirty-five thousand (35,000) miles of use of the replaced tire in accordance with the following formula: (1-(tire mileage/35,000)) x (cost of replacement tire), limited to a maximum of $209.00 for each qualifying 235/45R17 replacement tire, and $254.00 for each qualifying 235/40R18 replacement tire.
2. Additionally, Settlement Class Members that submitted qualifying and timely claims may be entitled to a pro rata reimbursement for certain past unreimbursed out-of-pocket tire rotation expenses that were incurred and paid for within nine thousand (9,000) miles of tire usage from the last, most recent tire rotation, in accordance with the following formula: (1-(tire mileage/9,000)) x (cost of tire rotation), limited to a maximum of $56.00 for each tire rotation.
3. There will also be a Certificate of Eligibility issued for current owners and/or lessees of Settlement Class Vehicles to receive up to two (2) free tire rotations for said vehicle to be performed at recommended tire rotation intervals by an authorized Volkswagen dealer, until the Settlement Class Vehicle reaches an original odometer mileage of 110,000 miles. The Certificate of Eligibility took effect on the Effective Date of the Settlement, which was February 26, 2020. In order to receive a free tire rotation, current owners and lessees of Settlement Class Vehicles shall present to any authorized Volkswagen dealership in the United States or Puerto Rico the Certificate of Eligibility that will be available for download at this website.Back To Top
How do I send in a claim for reimbursement?
The deadline to submit a claim was April 25, 2020.Back To Top
What is “Qualifying Tire Wear”?
"Qualifying Tire Wear" is defined as sawtooth, heel-to-toe/heel and toe, cupping (also known as chopping or scalloping), or other excessive uneven tire wear. Examples of "Qualifying Tire Wear" are as follows:
Back To Top
When do I get my reimbursement or learn whether I will receive a payment?
If the Claims Administrator determines your claim is valid, your reimbursement will be mailed to you. The Court held a Fairness Hearing on January 27, 2020, and approved the Settlement as fair, reasonable, and adequate. The Effective Date of the Settlement was February 26, 2020.
If the Claims Administrator determines your claim should not be paid, you will be mailed a letter telling you this. If the reason for rejecting your claim is due to a deficiency in your Claim Form and/or supporting proof, the letter will notify you of the deficiency in your claim and what needs to be submitted and by when to correct the deficiency.Back To Top
What am I giving up to stay in the Settlement Class?
Unless you excluded yourself by taking the steps described in FAQ 10, you remain in the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit about the same matters, claim and legal issues that were or could have been asserted in this case (except for claims of personal injury or property damage other than damage to the Settlement Class Vehicles and/or their original or replacement tires). It also means that all of the Court’s orders apply to you and legally bind you.
The Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available here.Back To Top
How do I get out of the Settlement?
The deadline to exclude yourself was December 30, 2019.Back To Top
If I didn’t exclude myself, can I sue later?
No, not for the same matters and legal claims that were or could have been asserted in this Action, unless your claim is for personal injury or property damage (other than damage to the Settlement Class Vehicles and/or their original or replacement tires).Back To Top
If I excluded myself from the Settlement, can I still receive a payment?
No, if you excluded yourself from the Settlement Class, you won’t get any money or benefits from this Settlement, and you should not submit a Claim Form. You cannot do both.Back To Top
Do I have a lawyer in this case?
The Court has appointed the law firms of Podhurst Orseck, P.A., Kreher & Trapani, LLP, and Pogust Braslow & Millrood, LLC to represent Settlement Class Members. Together these law firms are called “Class Counsel.”
Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense, but it is not necessary to have your own lawyer in order to participate in the Settlement.Back To Top
Should I get my own lawyer?
You do not need to hire your own lawyer to participate in the Settlement. However, if you want your own lawyer, you may hire one at your own cost.Back To Top
How will the lawyers be paid, and will the Plaintiff Settlement Class Representatives receive incentive awards?
Class Counsel have prosecuted this case on a contingency basis. They were paid fees or reimbursement for costs and expenses associated with this case. Class Counsel will received an award of reasonable attorneys’ fees and costs and expenses from the Court in a total amount no greater than $7,700,000.
Class Counsel also applied to the Court for incentive awards to the named Plaintiffs, who have conditionally been approved as Settlement Class Representatives, in the amount of $2,500 each, for their efforts in pursuing this litigation for the benefit of the Settlement Class. Any award for Class Counsel Fees and Expenses and any incentive awards will be paid by Defendants and will not reduce any benefits available to you under the Settlement.
Class Counsel’s motion for fees and expenses and Settlement Class Representative incentive awards was filed by December 4, 2019, and is available for review on the Important Documents page of this website.Back To Top
How do I tell the Court that I like or dislike the Settlement?
The deadline to object to the Settlement was December 30, 2019.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court held a Fairness Hearing at 8:30 a.m. EST on January 27, 2020, at the courtroom of the Honorable Robert N. Scola Jr, Wilkie D. Ferguson Jr. Building, Courtroom 12-3, 400 North Miami Avenue, Miami, Florida 33128. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court also considered any request by Class Counsel for attorneys’ fees and expenses, and for Service Awards for the Class Representatives. Any objections were considered by the Court at the hearing. After the hearing, the Court approved the Settlement.Back To Top
What happens if I did nothing?
If you did nothing, you are bound by the Settlement, and may only receive benefits under the Settlement to the extent that you are eligible under its terms.Back To Top
How do I get more information?
This website and the Class Notice summarize the Settlement. More details are available in the Settlement Agreement and other court documents, all available here.
Do not contact Volkswagen, the Claims Administrator, or the Court for information.Back To Top