What is this lawsuit about? 

This proposed class action, pending in the United States District Court for the District of New Jersey, is captioned Kimball v. Volkswagen Group of America, Inc., Civil Action No. 2:22-cv-04163-MAH (the “Action”). The parties have agreed to a class settlement of the Action, which the Court has preliminarily approved, and will ask the Court to grant final approval of the proposed Settlement. As a Settlement Class Member, you have various options that you may exercise before the Court decides whether to grant final approval of the Settlement.

The Notice explains the Action, the proposed Settlement, your legal rights and options, available benefits, who is eligible for and how to obtain the benefits, and applicable dates, time deadlines and procedures.

Your legal rights are affected whether you act or do not act. Read the Notice carefully.

The Court in charge of this case still has to decide whether to grant final approval of the Settlement. Payments will be made only if the Court grants final approval of the Settlement and after appeals, if any, are resolved.

Who is included?

If you are a current or past owner or lessee of a “Settlement Class Vehicle,” you may be entitled to benefits under the proposed Settlement. The Settlement Class Vehicles are certain model/model year Volkswagen/Audi vehicles, identified by specific Vehicle Identification Number (“VIN”), that were distributed by Volkswagen Group of America, Inc. (“VWGoA”) in the United States or Puerto Rico and equipped with:

*Not every such model and model year vehicle is covered by this Settlement (i.e., a Settlement Class Vehicle). The Settlement Class Vehicles are determined by specific Vehicle Identification Numbers (VINs). You can look up whether your vehicle is a Settlement Class Vehicle by typing your vehicle’s VIN, where indicated, in the VIN Lookup Portal or you can call the Settlement Claim Administrator toll-free at 1-855-779-6685 to find out.

What does the Settlement provide?

A “Settlement Class Member” is defined as a current or past owner or lessee of a Settlement Class Vehicle. 

The Action claims that the turbochargers in certain Volkswagen/Audi vehicles were defective and potentially prone to premature failure. VWGoA denies the claims and maintains that the turbochargers in the Settlement Class Vehicles are not defective, function properly, were properly designed, manufactured, marketed and sold, and that no applicable warranties were breached nor any applicable statutes violated. The Court has not decided in favor of either party. Instead, the Action has been resolved through a Settlement, which the Court preliminarily approved, under which eligible Settlement Class Members who qualify may obtain the following benefits:

1. Warranty Extension for Current Owners or Lessees of Generation 3 Settlement Class Vehicles
   Effective on September 15, 2025, VWGoA will extend the New Vehicle Limited Warranties (NVLWs) of Generation 3 Settlement Class Vehicles until 8.5 years or 85,000 miles (whichever occurs first) from said vehicle’s In-Service Date, to cover fifty percent (50%) of the cost of repair or replacement (parts and labor), by an authorized Volkswagen/Audi dealer, of a failed or malfunctioning turbocharger of said vehicle if the cause was that the wastegate failed due to fork head and/or link pin corrosion. However, if, as of September 15, 2025, a said Generation 3 Settlement Class Vehicle is more than 8.5 years of age from its In-Service Date, then this Warranty Extension’s duration for that vehicle will be until November 14, 2025 or 85,000 miles from the vehicle’s In-Service Date, whichever occurs first.
   
   The Warranty Extension is subject to the same terms, conditions, and limitations set forth in the Settlement Class Vehicle’s original NVLW and Warranty Information Booklet and shall be fully transferable to subsequent owners to the extent that its time and mileage limitation periods have not expired.
   
   The Warranty Extension shall not cover or apply to turbocharger/wastegate failures or malfunctions due to abuse, misuse, alteration or modification, lack of proper maintenance, a collision or crash, vandalism and/or other impact, or damage from an outside source.
2. Reimbursement for a Certain Past Paid (and Unreimbursed) Out-of-Pocket Repair Expenses (All Settlement Class Vehicles) 
   If, prior to September 15, 2025 and within 8.5 years or 85,000 miles (whichever occurred first) from the Settlement Class Vehicle’s In-Service Date, you incurred and paid for a repair or replacement of a failed or malfunctioned turbocharger in that vehicle, you may submit, to the Settlement Claim Administrator, a Claim for Reimbursement (a fully completed, dated and signed Claim Form together with all Proof of Repair Expense and other required documentation) for fifty percent (50%) of the paid invoice expense of one (1) such turbocharger repair or replacement (parts and labor), if:
   1. for a Generation 1 (Volkswagen/Audi) or Generation 2 (Audi) Settlement Class Vehicle, the past paid turbocharger repair or replacement was due to the wastegate having no longer functioned properly because of wear at the link plate and pin, and
   2. for a Generation 3 (Volkswagen/Audi) Settlement Class Vehicle, the past paid turbocharger repair or replacement was due to the wastegate having failed because of fork head and/or link pin corrosion.
3. However, if the Proof of Repair Expense documentation does not specifically state that the reason for the past paid turbocharger repair or replacement was due to II.(i) or (ii) above, as applicable to that vehicle, then the reimbursement for the one (1) said covered repair will be forty percent (40%) of the past paid invoice amount (parts and labor) and in addition to the Proof of Repair Expense documentation, the Settlement Class Member must also submit, with his/her/its Claim for Reimbursement, the Proof of Adherence to Maintenance Requirements documentation (explained below). 
   
   If the past paid covered repair was not performed by an authorized Volkswagen/Audi dealer, then the maximum paid invoice amount to which the applicable reimbursement percentage shall be applied shall not exceed a maximum of $3,850. In addition, if that past paid covered repair was performed within the Settlement Class Vehicle’s original NVLW time and mileage period, then the Settlement Class Member must also submit with his/her/its Claim, in addition to the other applicable proof requirements, documentation such as a written estimate or invoice, or if documents are not available after a good-faith effort to obtain them, a Declaration signed under penalty of perjury, confirming that he/she/it first attempted to have that repair performed by an authorized Volkswagen/Audi dealer, but the dealer declined or was unable to perform the repair free of charge pursuant to the NVLW.
   
   The above relief is subject to certain limitations and proof requirements, which are set forth below and in the Settlement Agreement.

3. Required Proof for a Claim for Reimbursement:
   To qualify for a Claim for Reimbursement of past paid and unreimbursed out-of-pocket expenses provided under Section II above, you must comply with the following requirements: 
   1. In order to submit a valid Claim for Reimbursement under this Settlement, you must submit online no later than November 29, 2025, or mail to the Settlement Claim Administrator by first-class mail postmarked no later than November 29, 2025, a fully completed, signed and dated Claim Form, a copy of which is available on the Important Documents page, together with all required supporting documentation listed below.
      1. An original or legible copy of a repair invoice(s) documenting the repair covered under the Settlement and containing your name; the make, model and vehicle identification number (“VIN”) of the Settlement Class Vehicle; the name and address of the authorized Volkswagen/Audi dealer or non-dealer service center that performed the repair; the date of repair and Settlement Class Vehicle’s mileage at the time of repair; a description of the repair work performed including the parts repaired/replaced and a breakdown of parts and labor costs of the covered repair demonstrating that the repair is, in fact, a covered repair under the Settlement; and the amount charged for the covered repair and proof of payment. If the covered repair was not performed by an authorized Volkswagen/Audi dealer, and the only proof of payment you have is a repair invoice marked “Paid,” then you also must also submit a declaration from the repair facility, signed under the penalty of perjury, confirming that the payment was in fact made. Please note that if you opt to send original documents with your Claim, please make and retain copies for yourself. 
      2. A declaration, signed under penalty of perjury, confirming that you did not alter or modify, or have another person alter or modify, the vehicle’s engine prior to the covered repair;
      3. If your covered repair occurred within your Settlement Class Vehicle’s New Vehicle Limited Warranty period but was not performed by an authorized Volkswagen/Audi dealer, you must also submit records showing that you first attempted to have the repair completed at an authorized Volkswagen/Audi dealer but the dealer refused or was unable to complete the repair free of charge under warranty. If such records cannot be obtained despite a good faith effort, then you may submit a declaration to that effect, signed under the penalty of perjury, and stating the good faith efforts you made to obtain the records.
      4. If your supporting repair documents do not state a specific cause of the turbocharger failure or malfunction, then you must also provide documents or records evidencing your adherence to the oil maintenance aspects of the Settlement Class Vehicle’s maintenance schedule set forth in the Warranty and Maintenance Booklet, during the period of time that you owned and/or leased the vehicle up to the date/mileage of the covered repair or replacement. Your adherence to these oil maintenance requirements can be within a variance of ten percent (10%) of each required time/mileage maintenance interval.  If you are unable to obtain said documents or records despite a good faith effort to obtain them, you may submit a Declaration, signed under penalty of perjury, detailing the good faith efforts that you made and why the records are unavailable, and attesting to your adherence to the above oil maintenance requirements within the ten percent (10%) variance.  A form Declaration is available for you on the Important Documents page or obtained from the Claim Administrator (1-855-779-6685).
   2. If you are not a person to whom the Class Notice was addressed, the Claim shall contain proof that you are a Settlement Class Member and that the vehicle is a Settlement Class Vehicle; 
   3. For your convenience, forms for any declarations required above are available to you on the Important Documents page or you can request them from the Settlement Claims Administrator. 
4. Limitations:
   1. Any reimbursement under the Settlement shall be reduced by goodwill or other amount or concession paid by an authorized Volkswagen/Audi dealer, any other entity (including insurers and providers of extended warranties or service contracts), or by any other source. If the Settlement Class Member received a free repair covered under this Agreement or was otherwise already reimbursed the full amount for the covered repair, then he/she/it will not be entitled to any reimbursement.
   2. VWGoA will not be responsible for, and shall not warrant, repair or replacement work performed at any service center or facility that is not an authorized Volkswagen/Audi dealer.
   3. Reimbursement shall not apply to turbocharger/wastegate failures that were caused by abuse, misuse, alteration or modification, lack of proper maintenance, a collision or crash, vandalism and/or other impact or outside source.