Parent company Volkswagen has reached a deal to settle a class action lawsuit over incorrect fuel economy numbers. According to the law firm of Lieff Cabraser, VW has settled a class action litigation on behalf of owners and lessees of approximately 98,000 gasoline-powered Volkswagen, Audi, Porsche, and Bentley vehicles sold and/or leased in the US. Reuters reports
the software was on about 1 million 2013-2017 model year Audi, Bentley, Porsche and Volkswagen vehicles, but that not all five model years are covered by the court settlement.
VW Settlement Terms
The settlement secures up to $96.5 million to resolve claims that the affected vehicles were equipped with software that, as calibrated, caused the vehicles to emit more carbon dioxide (CO2) and obtain up to 1 MPG less fuel economy than was originally represented.
Settlement payments vary based on the specific MPG reduction applicable to each vehicle. Maximum payments range from $518.40 to $2,332.80 per vehicle. The vehicles affected and their revised fuel economy ratings are listed on the EPA’s fuel economy website
Money that is not claimed by consumers will be directed to environmental remediation efforts, subject to court approval.
“We are very pleased to reach a settlement that provides owners and lessees full compensation for having driven vehicles that did not obtain the represented fuel economy,” notes Lieff Cabraser partner David Stellings, counsel for plaintiffs in the action. “This is a great resolution for the class.”
The lawsuit was brought against the defendants under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Magnuson-Moss Warranty Act, and the warranty and consumer protection laws of all 50 states and the District of Columbia, seeking monetary damages and injunctive relief.Potential claimants under the class settlement will have to submit a claim to receive compensation.
The litigation is known as the “Audi CO2 cases,” which is consolidated in In re Volkswagen 'Clean Diesel' Marketing, Sales Practices, and Products Liability Litigation, MDL 2672 CRB (JSC), before Judge Charles R. Breyer in the U.S. District Court for the Northern District of California.