April 25, 2022 — Objection Deadline
April 25, 2022 — Request for Exclusion Deadline
July 29, 2022 — Deadline for Mailing Reimbursement Claims to Claim Administrator
August 18, 2022 at 2:00 p.m — Final Fairness Hearing
A class action settlement in Chess v. Volkswagen Group of America, Inc. d/b/a Audi of America, Inc. (listed on the Court Docket as Gillard, et al. v. Volkswagen Group of America, Inc.), Civil Action No. 4:17-cv-07287-HSG (“the action”), was granted preliminary approval by the United States District Court for the Northern District of California on November 24, 2021.
In the action, Plaintiff, individually and as the proposed representative of a nationwide class, asserts claims that the DSG transmissions in certain model year 2010, 2011 and 2012 Audi S4 and Audi S5 vehicles contain an alleged defect that could potentially result in shuddering, juddering, rough shifting or improperly entering “limp mode.” Defendant Volkswagen Group of America, Inc. (“VWGoA”) has denied the claims and maintains that the transmissions in these vehicles are not defective, are properly designed, manufactured and sold, and that no warranties were breached, nor were any applicable statutes violated. The Court has not decided in favor of the Plaintiff or Defendant. Instead, both sides have agreed to a settlement with no admission of who is right or wrong. Class Counsel represent Plaintiff and all other Settlement Class Members, and believe that the Settlement provides substantial benefits and serves the interests of the Settlement Class.
Settlement Class Vehicles and Settlement Class
The vehicles involved in the Settlement — called “Settlement Class Vehicles” — are model year 2010, 2011, and 2012 Audi S4 and S5 vehicles that were imported and distributed by Volkswagen Group of America, Inc. for sale or lease in the United States or Puerto Rico.
The Settlement Class includes:
All persons or entities who purchased or leased a Settlement Class Vehicle in the United States or Puerto Rico that was 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 (a) all Judges who have presided over the Action, and their spouses; (b) all current employees, officers, directors, agents, and representatives of Volkswagen Group Companies, and their family members; (c) any affiliate, parent, or subsidiary of Defendant and any entity in which Defendant have a controlling interest; (d) anyone acting as a used car dealer; (e) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (f) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company who acquired a Settlement Class Vehicle as a result of a total loss; (g) any insurer of a Settlement Class Vehicle; (h) issuers of extended vehicle warranties and service contracts; (i) any Settlement Class Member who, prior to July 9, 2021 settled with and released Defendant or any Released Parties from any Released Claims; and (j) any Settlement Class Member that files a timely and proper Request for Exclusion from the Settlement Class.
If you fall within the Settlement Class, then, subject to the above exceptions, you are a Settlement Class Member.
This website features more information about the action and the proposed class Settlement, including Settlement Class Members' rights and options, the benefits available under the Settlement, important dates and deadlines, frequently asked questions, and important case documents.
Settlement Class Members' Legal Rights and Options
|If you do nothing, if your vehicle is included in the Settlement Class, you will be a Settlement Class Member, and may be eligible to obtain the benefits of the Settlement. For details of the eligible benefits, and their requirements, please refer to the Class Notice. You will be bound by the terms of the Settlement if the Court approves it.|
SUBMIT A CLAIM FOR REIMBURSEMENT
|If you are eligible, you may have the right to reimbursement for a percentage of certain past paid out-of-pocket expenses. In order to be eligible for reimbursement under the Settlement's terms, Settlement Class Members must submit a completed, signed and dated Claim Form, together with all required supporting documentation for reimbursement for past qualifying out-of-pocket expenses. For details regarding the requirements for a valid claim, including time and mileage limitations and percentages of reimbursement, please refer to the Class Notice and Claim Form. Your claim must be submitted by U.S. First-Class Mail and postmarked by July 29, 2022.|
EXCLUDE YOURSELF OR "OPT OUT"
|If you exclude yourself from the Settlement you will not be entitled to any of the Settlement's benefits. In order to exclude yourself from the Settlement, you must mail a request for exclusion to the Claims Administrator and all counsel by first class U.S. mail postmarked no later than April 25, 2022. For further details regarding the requirements to exclude yourself from the Settlement, please refer to the Class Notice.|
OBJECT OR COMMENT
|If you wish to object to, or comment on, the Settlement and/or Class Counsel's fee and expense application and/or the Class Representative's Service Award, you must submit any such objection or comment either by Court-filing (in person or electronically) no later than April 25, 2022, or by U.S. First-Class Mail postmarked no later than April 25, 2022. For further details regarding the requirements for objections or comments, please refer to the Class Notice.|