The Volkswagen (“VW”) class action “settlement” was approved on July 26, 2016.
IMPORTANT QUESTIONS AND ANSWERS
* How Do I Opt Out of the Class Action?
If you would like to Opt Out of the Class Action, and continue with an individual claim, please complete and return the VW CLASS ACTION OPT-OUT FORM as soon as possible, but no later than September 1, 2016. It is important that we receive the opt out forms in advance of the actual deadline so that they can be timely submitted to the class action administrator prior to the Opt-Out Deadline of September 15, 2016. If the forms are mailed even 1 day late, they will not be accepted, and the VW owner will be required to accept the class action settlement offer.
The settlement of the federal class action and the EPA’s claims against VW is a necessary step in the process of obtaining full and adequate compensation for your individual claim, and occurred faster than we anticipated. We look forward to assisting you until your claim with VW has been fully and finally resolved, whether you decide to accept the class action settlement offer, or opt out of the class action and continue with the VW litigation until VW fairly settles your claim, along with the thousands of other VW owners throughout the Unites States who opt out of the class action. Thank you again for the opportunity to be of service.
* What are my options?
OPTION #1: Opt Out of the class by September 15, 2016. (Recommended)
We have had extensive discussions with attorneys who represent individual owners, and we, along with other attorneys, firmly believe that you will receive more compensation from VW if you opt out of the class action and continue with your individual case. In our opinion, the compensation offered by VW through the class action settlement does not address the fraudulent conduct of VW. The consumer protection statutes, like the Consumer Legal Remedies Act (“CLRA”) in California, were enacted to protect consumers who are defrauded by corporations like VW, and we are confident that VW will pay more to the opt outs when faced with the alternative that VW cannot allow to happen—a jury trial. VW wants to avoid negative press and certainly does not want to give a video-taped deposition or face a jury.
OPTION #2: Accept Vehicle Repurchase Offer by September 15, 2016.
If you choose the Buyback option, you will receive your car’s September 2015 NADA Clean Trade Vehicle Value, plus a cash payment, ranging from a minimum of $5,100 to nearly $10,000, depending on your vehicle. Volkswagen also has agreed to complete a Buyback of an Eligible Vehicle within 90 days of an Eligible Owner’s acceptance of Volkswagen’s Buyback offer. We feel this is a promise they cannot be kept. They do not have the manpower to execute the buyback in this amount of time. This does not compensate for the full value of your vehicle. You will not be compensated for DMV fees or your sales tax or interest. They will charge you for your mileage.
If you lease your VW TDI, you may terminate your lease with no early termination fee, plus receive a Lessee Restitution payment of approximately half of what a Class Member who owns an identical car would receive as Owner Restitution. However, Volkswagen will not be responsible for fees for excess wear, use, and/or excess mileage at the point of vehicle surrender, or other amounts due under your lease agreement such as delinquent lease payments and related late payment fees, or costs associated with tickets, tolls, etc.
OPTION #3: Accept a vehicle repair at an uncertain date in the future that may not even work, plus a cash payment only after the repair is made and passes inspection.
I do not expect many VW owners to accept this offer due to the uncertainties surrounding the repair, including whether the repair will be approved, what affect it will have on the vehicle’s performance and mileage, and when the repair will be available. The VW owner who accepts this option will not be paid until after the repair has been approved and performed on the vehicle, but does retain an option to switch to a Buyback or Opt Out if the repair.
The EPA/CARB and Volkswagen have negotiated a timeline that allows Volkswagen to submit (according to engine type) proposed emissions modifications to EPA/CARB for approval. The submission, testing, and approval process take time, so class members may not know whether or not their cars have an Approved Emissions Modification for at least six months after final approval of the settlement, and possibly not until May 2018.
If a modification for a particular engine type ultimately is approved, class members who own those cars will be notified when the modification is ready, and will be able to bring their cars into a local dealership to have the modification performed free of charge. They will also receive the same Owner Restitution Payment as owners who choose a Buyback.
* How do I decide whether to OPT OUT or OPT IN?
We are committed to this litigation and believe that there is virtually no chance that you would end up with less if you opt out, as we will not stop litigating against VW until you receive appropriate and adequate compensation. If you decide to accept the class action settlement, then we will receive whatever attorney’s fees are allocated by the Court and paid separately by VW. However, you will not be eligible for any additional compensation resulting from the fraudulent and deceptive conduct of VW.
If you opt out, VW will include, and be required to pay, attorney’s fees as part of any settlement. The attorney’s fees would be included in any future settlement, so we would not accept any offer until your portion was sufficient to you, and my fees are paid. We estimate 3-6 months longer to settle the opt-out claims.
In order to make a calculated decision, please check the exact repurchase amount from VW’s website so that you can determine the true compensation (i.e., the difference between the offer and the current value of the vehicle). We are confident that we can force VW to make a much better offer after opt-out the deadline for the 2.0L and 3.0L vehicles has passed.
We are confident that VW will pay more to settle the OPT OUT claims because VW will want to put an efficient end to the scandal, and the holdouts will represent an obstacle to doing so. VW wants to avoid negative press and certainly does not want to give a video-taped deposition or face a trial by jury. We have sued for punitive, additional, and/or treble damages, and this potential exposure should motivate VW to act swiftly to settle the individual opt-outs after the opt-out deadline has passed.
We believe that you will be better off if you opt out and believe that VW needs to pay for the fraud it committed. However, we will assist you with any option that you choose, and will continue representing (1) my OPT IN clients until the class action settlement is completed AND (2) my OPT OUT clients until VW makes an acceptable settlement proposal.
Please submit your completed VW CLASS ACTION OPT-OUT FORM by:
- Email to [email protected]; or
- Fax 877-566-8828
If you would like our firm to represent you, please complete our ATTORNEY-CLIENT AGREEMENT and the VW CLASS ACTION OPT-OUT FORM and submit these documents by:
- Email to [email protected]; or
- Fax 877-566-8828
Additional Questions
1. Does the proposed settlement agreement cover 3.0L VW/Audi/Porsche TDI vehicles?
No, it does not, so there is nothing for 3.0L vehicle owners to consider at this time. Judge Breyer set a status conference for August 25 to discuss the progress with respect to the 3.0L vehicles, and it appears that the progress on the 3.0L vehicles is running about 3 months behind. We will continue to update 3.0L vehicle owners as new information becomes available.
2. Does the proposed settlement agreement cover vehicles that were sold or traded prior to September 18, 2015?
No, if you sold or traded your vehicle prior to September 18, 2015, you are not an “Eligible Owner” and are unable to recover under the class action settlement.
The Settlement Notice states: The goal of the Class Action Settlement is to compensate everyone who owned or leased a Volkswagen or Audi 2.0-liter TDI vehicle (“Eligible Vehicle”) as of September 18, 2015 (the date the emissions allegations became public), or who now owns an Eligible Vehicle. Cars sometimes change hands, so the class members are broken into three different groups: “Eligible Owners,” “Eligible Sellers,” and “Eligible Lessees.”
However, I believe that VW and Audi owners who sold or traded their vehicle prior to September 18, 2015 are still entitled to compensation regardless of whether the class action settlement addresses your claims. You still drove a polluting vehicle without your knowledge, paid a premium for the diesel engine, and were misled by VW. Additionally, VW made a significant profit from the fraudulent sale of the vehicle to you.
3. If I sell my vehicle after June 28, 2016, can I participate in the class action settlement?
No. However, if you do sell your vehicle after June 28, 2016, you are still entitled to compensation regardless of whether the class action settlement addresses your claims.
4. If I opt out and later settle my individual claim against VW for a cash payment, am I still eligible for the repair?
Yes. A free Approved Emissions Modification will be made available to all owners of 2.0-liter TDI vehicles. Owners and lessees who choose to exclude themselves (“opt out”) from the Class Action Settlement can still obtain an Approved Emissions Modification at no cost if one becomes available.
5. If I decide to accept the class action settlement, will any attorney’s fees or costs be deducted from the settlement?
No. If you elect to accept either compensation option under the class action settlement, then my firm would not receive a percentage of the recovery pursuant to the client agreement. We would accept whatever amount that we are allotted by the court to be paid separately by VW, and required to accept for any clients who elect to settle in accordance with the class action settlement offer. The amount of attorney’s fees to be paid by VW under the class action settlement is still being negotiated, but regardless of the final amount, your compensation under the class action settlement will not be reduced.
We would like to assist you whether you accept the offer or decide to hold out for a better offer, and believe that we can offer valuable services and advice under either scenario. If you decide to accept the class action settlement offer, then we will assist you with submitting your claim, and continue to update you and answer your questions until your settlement is completed. If you decide to opt out and continue with your individual claim, then we will continue to work tirelessly on this litigation until VW adequately compensates our clients.
6. What happens to my loan if I accept the Buyback? What if I owe more than the Buyback Price?
This is actually the most favorable provision in the proposed settlement, and could be a financially beneficial option for a few of our clients, particularly those who may have added debt from a trade-in to their current VW loan. There are several examples in the documents that I encourage you to review.
If your outstanding loan balance is less than the Buyback Amount, Volkswagen will pay off your loan and pay you the difference. If your outstanding loan balance is between 100% and 130% of the Buyback Amount, Volkswagen will pay off your loan in full.
This is not necessarily fair, as some VW owners will receive significantly higher repurchase amounts simply because they owe more on their loans. However, if you owe substantially more than your vehicle is worth, then you should closely review this option as soon as the repurchase calculations are available on July 26, 2016.
7. Does the proposed settlement agreement cover vehicles that were sold or traded after September 18, 2015?
If you sold or traded your vehicle between September 18, 2015, and June 28, 2016, you are a class member, and will receive Seller Restitution, which is equal to one-half of the standard compensation, plus an additional to-be-determined amount in the future based on unclaimed compensation. There are several examples in the documents that I encourage you to review.
An Eligible Owner who did not own or lease the vehicle on September 18, 2015, but acquired it sometime later, will be offered a cash payment of 10% of the Vehicle Value plus $1,493.365, but no less than $2,550.
If you sold your vehicle between September 18, 2015, and June 28, 2016, then you can continue with your individual claim by opting out, and not be limited to this reduced amount.
