What is the Volkswagen CC Class Action Settlement?
On July 26, 2019, class action lawyers signed a proposed settlement agreement with Volkswagen regarding the defective suspension on Volkswagen CC models for model years 2009 through 2017. The defective camber in the suspension caused Volkswagen CC owners to incur unnecessary expenses for replacement of damaged tires due to tire cupping and repeated alignments. This settlement agreement still needs to be approved by the court. Webster Book LLP is not involved in the class action case and had no role in negotiating the class action settlement.
Will Volkswagen fix the suspension problem that is causing premature tire wear?
No. This is not covered by the class action settlement. There are after-market fixes for the defective suspension but Volkswagen CC owners and lessees would have to pay for that themselves to prevent future tire wear and unnecessary and ineffective alignments.
Will Volkswagen pay for ineffective alignments that were caused by the defective suspension?
No. This is also not covered by the class action settlement.
Should I exclude myself from the Volkswagen CC Class Action Settlement?
You may wish to examine whether you would receive more compensation by pursuing an individual claim than by accepting the class action settlement. If you do nothing and fail to exclude yourself from the class action settlement, you will be stuck with the terms of that settlement.
Webster Book LLP offers a free consultation for these matters. If you would like to examine whether you have an individual claim, please fill out the form below.
What compensation will Volkswagen CC owners receive under the class action settlement?
The Volkswagen CC Class Action Settlement Agreement is very complicated and has numerous qualifications and conditions to payment. The following benefits are potentially available under the settlement:
1. Volkswagen has agreed to issue a certificate of eligibility to current owners and/or lessees to receive up to two free tire rotations to be performed at recommended tire rotation intervals by an authorized Volkswagen dealer, until the vehicle reaches an original odometer mileage of one hundred ten thousand (110,000) miles.
2. Provided a Claim Form is timely submitted, Volkswagen has agreed to pay class members a pro rata reimbursement for certain out-of-pocket expenses paid for tire replacement due to “Qualifying Tire Wear” in an amount to be calculated based upon the following formula: (1 – (tire mileage/35,000)) x (cost of replacement tire). “Qualifying Tire Wear” means sawtooth, heel-to-toe/heel and toe, tire cupping (also known as chopping or scalloping) or other excessive uneven tire wear. Here are some examples of Qualifying Tire Wear:
As an example, if, prior to the Effective Date of the Settlement, an OE Continental ContiProContact Tire or tire having the Relevant Tire Specifications was replaced due to Qualifying Tire Wear at 21,000 miles of use after the tire was installed on the Settlement Class Vehicle, and the replacement cost paid by the Settlement Class Member was $200.00, and the Settlement Class Member submits the proof and satisfies the terms and conditions set forth in the Settlement Agreement, then the Settlement Class Member would receive a pro rata reimbursement in an amount calculated as follows: (1 – (21,000/35,000)) x ($200.00) = $80.00.
3. Provided a Claim Form is timely submitted, Volkswagen has agreed to pay class members a pro rata reimbursement for certain past unreimbursed out-of-pocket tire rotation expenses that were incurred and paid for prior to the Effective Date of the Settlement and within 9,000 miles of tire usage from the last, most recent tire rotation, as follows: If, prior to the Effective Date of the Settlement, a tire rotation was performed on a Settlement Class Vehicle at an authorized Volkswagen dealership or at an independent service center, and the tire rotation was performed within 9,000 miles after either the date of the last rotation of the same tires, or, if the tire(s) had not previously been rotated, the date of installation of the tire(s) on the Settlement Class Vehicle, the Settlement Class Member will be entitled to receive a pro rata reimbursement of certain out-of-pocket expenses they paid for tire rotation, in an amount to be calculated based upon the following formula: (1 – (tire mileage/9,000)) x (cost of tire rotation). Any pro rata reimbursement pursuant to this section shall be limited to a maximum of $56.00 for each qualifying tire rotation. As an example, if, prior to the Effective Date, a Settlement Class Vehicle had a tire rotation performed at 6,000 miles after the last tire rotation of the same tires, at a cost of $45.00, and the Settlement Class Member submits the proof and satisfies the terms and conditions in the Settlement Agreement, then the Settlement Class Member would receive a pro rata reimbursement in an amount calculated as follows: (1 – (6,000/9,000)) x ($45.00) = $15.00.
In order to be eligible for reimbursement, Volkswagen CC owners are required to submit “Proof of Adherence to the Vehicle’s Maintenance Schedule,” which means submission of documents and records proving adherence to the maintenance schedule set forth in the Warranty and Maintenance Booklet that are applicable to the vehicle’s tires, including rotation of the tires every 10,000 miles of tire use, during the time they owned or leased the vehicle up to the date/mileage of tire replacement, within a variance of five percent (5%) of the scheduled mileage tire rotation requirements.
What are the deadlines for the Volkswagen CC Class Action Settlement?
The deadline for excluding yourself from the settlement will be set forth in a class action settlement notice that will be mailed to current owners and lessees of model year 2009 to 2017 Volkswagen CC’s. The current proposed deadline is November 20, 2019. If you wish to exclude yourself from the class action settlement in order to pursue an individual claim, your Request for Exclusion must be postmarked no later than November 20, 2019. We have a sample Volkswagen CC Class Action Settlement Request for Exclusion here.
We strongly recommend that you retain some proof of mailing to the class action settlement administrator so that they cannot claim they never received it.
Please note that Webster Book LLP assumes no responsibility for excluding you from the class action settlement. That is solely your responsibility.
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