On June 22, 2007, Pearson, Simon & Warshaw, LLP filed a class action
lawsuit against Volkswagen alleging that the service manual incorrectly
states the inspection and replacement interval for timing belts on Audi
and Volkswagen branded vehicles equipped with a 1.8 liter turbo-charged
engine. The complaint alleges that the timing belts fail prior to the
service interval, as stated in the owner's manual. Plaintiff, on behalf
of herself and the Class, is seeking reimbursement for the damages incurred
relating to timing belt failures. Additionally, the complaint seeks an
order requiring Volkswagen and Audi to update their owner's manuals
to require periodic inspections.
The parties have reached a class-wide settlement regarding the Volkswagen
timing belt and Audi timing belt failures. Preliminary approval of the
settlement was granted by the court on May 19, 2008. Claim forms, class
notice and other documentation were mailed on August 1, 2008. The court
will hold a hearing for final approval of the settlement on November 3,
2008. The vehicles included in the settlement are the 1999 Volkswagen
Passat and the 2000 - 2003 Audi A4 and Audi TT vehicles equipped with
the 1.8 liter turbo-charged engine.
The parties hired a Settlement Administrator to handle the notice and claims
review process for Volkswagen timing belt failures and Audi timing belt
failures. The contact information for the Settlement Administrator is:
P.O. Box 1937
Faribault, MN 55021-7192
Toll free: 1-877-465-4899
Complete details regarding the terms of the settlement were sent in the
Volkswagen Notice and
Audi Notice to owners of the class vehicles via U.S. Mail on August 1, 2008. However,
to summarize, for qualifying class members, the settlement provides: (1)
100% reimbursement for reasonable Covered Engine Damage relating to timing belt failures,
including repairing the vehicle, towing, alternate transportation, and
lodging expense; (2) an extended warranty; and (3) a revised maintenance
program. Please review the terms
and conditions contained in the notices.
Copies of the Class Notices and Claim Forms are available here:
Frequently Asked Questions
Please visit the
Volkswagen Timing Belt Settlement Frequently Asked Questions Page to view some common answers to class member's questions.
Please visit the
Audi Timing Belt Settlement Frequently Asked Questions Page to view some common answers to class member's questions.
NOVEMBER 3, 2008 UPDATE REGARDING FINAL APPROVAL OF SETTLEMENT
On November 3, 2008 counsel for Volkswagen and the class attended the final
approval hearing. One of the 29 class member objectors also attended the
fairness hearing. The court deemed the objection of the attending class
member "well taken" and stated that it was not going to "presently
approve the settlement without prejudice."
As a result, the distribution of reimbursement monies to those class members
who submitted claims cannot proceed at this time. Both Class Counsel and
the attorneys for Volkswagen are working together to address the objector's
A copy of the minute order, served on November 10, 2008, is can be downloaded
FEBRUARY 2009 UPDATE REGARDING FINAL APPROVAL OF THE SETTLEMENT
On December 15, 2008 the court granted final approval of the class settlement.
On February 27, 2009, the settlement administrator sent settlement checks
to those class members who submitted timely and valid claims.
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