1. 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.

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  2. 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.

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  3. 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 choose to timely exclude themselves from the Settlement Class.

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  4. Who is included in the Settlement?

    The Court has conditionally 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:

    1. Anyone claiming personal injury, property damage, and/or subrogation;
    2. All Judges who have presided over the Action, and their spouses;
    3. All current employees, officers, directors, agents, and representatives of Volkswagen Group Companies, and their family members;
    4. Any affiliate, parent, or subsidiary of Defendants and any entity in which Defendants have a controlling interest;
    5. Anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale;
    6. 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;
    7. Any insurer of a Settlement Class Vehicle;
    8. 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
    9. Any Settlement Class Member who files a timely and proper request for exclusion from the Settlement Class.

    You may contact the Claims Administrator by calling 1-855-964-0515 if you have any questions as to whether you are in the Settlement Class.

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  5. What are the details of the Settlement?

    Volkswagen has agreed to a settlement in which current and former owners and lessees (“Class Members”) of 2009 through 2017 model year Volkswagen CC vehicles (“Settlement Class Vehicle”) may be eligible for the following benefits:

    1. Class Members who submit 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, Class Members that submit 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 will take effect on the Effective Date of the Settlement, which will occur if and when the Settlement is finally approved by the Court and all appeals, if any, of the final approval order are finally resolved or dismissed, or after thirty (30) days from the date of the final approval order if no appeals are filed. When the Effective Date occurs, 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 or from the Claims Administrator. When the Effective Date occurs, it will be stated on this website.

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  6. Who can send in a claim for reimbursement?

    Any United States or Puerto Rico resident who purchased or leased a Settlement Class Vehicle can send in a timely claim for reimbursement for money spent within the parameters described in FAQ 5.

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  7. How do I send in a claim for reimbursement?

    To submit a claim for reimbursement, you must do the following before April 25, 2020:

    1. You can fully complete, sign under penalty of perjury, and date a Tire Replacement Claim Form and/or Tire Rotation Claim Form, and upload your required supporting documentation (i.e., repair record[s], receipts, proof of payment, and proof of compliance with maintenance requirements) by filing online here; or
    2. You can submit a Tire Replacement Claim Form and/or Tire Rotation Claim Form by First-Class mail by fully completing, signing under penalty of perjury, and dating a Tire Replacement Claim Form and/or Tire Rotation Claim Form, by downloading a copy here, and attaching your required supporting documentation (i.e., repair record[s], receipts, proof of payment, and proof of compliance with maintenance requirements) to the address below:

    Wilson v. Volkswagen
    Claims Administrator
    P.O. Box 3266
    Portland, OR 97208-3266

    The information that must be reflected in your records is described on the Claim Form(s). It is recommended that you keep a copy of the completed Claim Form and your records and receipts.

    If you are eligible for pro rata reimbursement benefits under the Settlement but fail to submit the completed Claim Form and supporting documents before April 25, 2020, you will not receive a reimbursement.

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  8. 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:

    Heel-to-Toe/Heel and Toe Wear
    HeelToe
    Cupping/Chopping/Scalloping
    Cupping
    Sawtooth Wear
    Sawtooth
    Other Excessive Uneven Wear
    Uneven

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  9. 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 after the Settlement becomes final, which is called the “Effective Date.” The Court will hold a Fairness Hearing on January 27, 2020, to decide whether to approve the Settlement as fair, reasonable, and adequate. Information about the progress of the case will be available on this website and it is a good idea to check this website for updates.

    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. To check on the status of your claim, you can call 1-855-964-0515.

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  10. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself by taking the steps described in FAQ 11, you are staying in the 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 will 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.

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  11. How do I get out of the Settlement?

    If you want to exclude yourself from the Settlement, then you must send a letter that includes the following:

    1. The name of this Action, which is Wilson v. Volkswagen Group of America, Inc., Civil Action No. 1:17- cv-23033- SCOLA (S.D. Fla.);
    2. Your full name, telephone number, and address;
    3. The model, model year, and Vehicle Identification Number (VIN) of your Settlement Class Vehicle, and the approximate date(s) of purchase or lease;
    4. An explicit and unambiguous statement that you wish to be excluded from the Settlement; and
    5. Your signature (if you are represented by separate counsel, it must also be signed by such counsel).

    You must mail your exclusion request, postmarked by U.S. Mail no later than December 30, 2019, to each of the following addresses:


    Court Claims Administrator
    Clerk of the Court
    United States District Court for the
    Southern District of Florida
    Wilkie D. Ferguson, Jr. United States Courthouse
    400 North Miami Avenue
    Miami, FL 33128
    Wilson v. Volkswagen
    Claims Administrator
    P.O. Box 3266
    Portland, OR 97208-3266
    Class Counsel Defense Counsel
    Peter Prieto
    PODHURST ORSECK, P.A.
    One S.E. 3rd Avenue
    Suite 2300
    Miami, FL 33131
    Michael B. Gallub
    HERZFELD & RUBIN, P.C.
    125 Broad Street
    New York, NY 10004

    You cannot exclude yourself from the Settlement via, phone, email, or on this website.

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  12. If I don’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).

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  13. If I exclude myself from the Settlement, can I still receive a payment?

    No, 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. You cannot do both.

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  14. 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.

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  15. Should I get my own lawyer?

    You do not need to hire your own lawyer to participate in the Settlement. But, if you want your own lawyer, you may hire one at your own cost.

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  16. 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 have not received any fees or reimbursement for costs and expenses associated with this case. Class Counsel will request 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 will also apply 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 will be filed by December 4, 2019, and will be made available for review on the Important Documents page of this website.

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  17. How do I tell the Court that I like or dislike the Settlement?

    If you are a member of the Settlement Class and do not request to be excluded, you can tell the Court that you like the Settlement and it should be approved, or that you object to the Settlement, Class Counsel’s requests for fees and expenses, or Settlement Class Representative incentive awards if you do not like a part of it. You are not required to submit anything to the Court unless you are objecting or wish to be excluded from the Settlement.

    To object, you must submit a letter to the Court, with copies to Class Counsel and Defense Counsel listed below, that includes all of the following:

    1. The name of this Action, which is Wilson v. Volkswagen Group of America, Inc., Civil Action No. 1:17- cv-23033- SCOLA (S.D. Fla.);
    2. Your printed or typed full name, address, and telephone number;
    3. The model year and the Vehicle Identification Number (VIN) of your vehicle and proof that you own(ed) or lease(d) the vehicle;
    4. A statement of all your factual and legal grounds for objecting;
    5. Any documents and/or briefs supporting your objection;
    6. A statement of whether you intend to appear at the Fairness Hearing;
    7. 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 an affirmative statement that your and/or your counsel has not objected to any other class action settlement in the previous five (5) years;
    8. If you intend to appear at the Fairness Hearing through counsel, the identity of all attorneys representing you who will appear at the Fairness Hearing;
    9. The identity of all counsel (if any) representing you who will appear at the Final Approval Hearing; and
    10. Your signature (an attorney’s signature is not sufficient).

    You must submit your objection to all the people listed below such that it is received no later than December 30, 2019, at the following addresses:


    Court Class Counsel Defense Counsel
    Clerk of the Court
    United States District Court for the
    Southern District of Florida
    Wilkie D. Ferguson, Jr. United States Courthouse
    400 North Miami Avenue
    Miami, FL 33128
    Peter Prieto
    PODHURST ORSECK, P.A.
    One S.E. 3rd Avenue
    Suite 2300
    Miami, FL 33131
    Michael B. Gallub
    HERZFELD & RUBIN, P.C.
    125 Broad Street
    New York, NY 10004

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  18. What’s the difference between objecting and excluding myself?

    Objecting is simply telling the Court that you do not like something about the Settlement, Class Counsel’s requests for fees and expenses, or Settlement Class Representative incentive awards. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

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  19. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing at 8:30 a.m. EST on January 27, 2020, before Judge Scola, Jr. at the United States District Court for the Southern District of Florida, Wilkie D. Ferguson Jr. Building, Courtroom 12-3, 400 North Miami Avenue, Miami, Florida 33128 to determine whether the Settlement should be finally approved. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider Class Counsel’s application for attorneys’ fees and expenses, and for Service Awards for the Class Representatives. If there are objections, the Court will consider them at this time.

    The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.

    You may attend the Fairness Hearing and you may ask to speak, but you don’t have to do so.

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  20. Do I have to come to the Fairness Hearing?

    No. Class Counsel will answer any questions the Court may have. However, you may come at your own expense. If you send an objection, you do not have to come to Court to talk about it. You may also pay your own lawyer to attend, but it is not necessary for your objection to be considered by the Court.

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  21. May I speak at the Fairness 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.

    To request the opportunity to speak at the Fairness Hearing, you must submit a letter to the Court, with copies to Class Counsel and Defense Counsel, listed in FAQ 17, that includes all of the following:

    1. The name of this Action, which is Wilson v. Volkswagen Group of America, Inc., Civil Action No. 1:17- cv-23033- SCOLA (S.D. Fla.);
    2. Your printed or typed full name, address, and telephone number;
    3. A statement of the position you intend to present at the Fairness Hearing;
    4. The identities of all attorneys who will represent you (if any);
    5. The model year and the Vehicle Identification Number (VIN) of your vehicle and proof that you own(ed) or lease(d) the vehicle;
    6. Your signature (an attorney’s signature is not sufficient).

    Requests to speak at the Fairness Hearing must be received no later than December 30, 2019. You may combine this letter and your comment (described under FAQ 17) in a single document. You cannot speak at the Fairness Hearing if you excluded yourself from the Settlement.

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  22. What happens if I don’t do anything?

    If you do nothing, you will be bound by the Settlement if the Court approves it, and may receive benefits under the Settlement to the extent that you are eligible under its terms.

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  23. How do I get more information?

    This website and the Class Notice summarize the proposed Settlement. More details are available in the Settlement Agreement and other court documents, all available here. You may contact the Claims Administrator with questions at:

    Wilson v. Volkswagen
    Claims Administrator
    P.O. Box 3266
    Portland, OR 97208-3266
    phone 1-855-964-0515
    email info@TireSettlement.com

    Do not contact Volkswagen or the Court for information.

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