No. 15-MD-2599-FAM
General Information
The lawsuit alleges that certain car companies, including Volkswagen, manufactured, distributed, or sold certain vehicles with allegedly defective Takata airbag inflators. The inflators allegedly can, upon deployment, rupture and expel debris or shrapnel into the occupant compartment and/or otherwise affect the airbag’s deployment, and that the Plaintiffs sustained economic losses as a result.
The lawsuit claims for violations of various state consumer protection laws, among other claims. Volkswagen denies that it has violated any law, and denies that it engaged in any wrongdoing with respect to the manufacture, distribution, or sale of the Subject Vehicles.
A comprehensive list of the “Subject Vehicles” is available for viewing here.
In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure. Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Both sides in the lawsuit agreed to a settlement in order to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get benefits, in exchange for releasing Volkswagen and the Released Parties from liability. The Settlement does not mean that Volkswagen broke any laws or did anything wrong. Furthermore, the Court did not decide which side was right.
The Volkswagen Settlement has been preliminarily approved by the Court, which authorized the issuance of the Notice. The Class Representatives/Named Plaintiffs and the lawyers representing them (called “Settlement Class Counsel”) believe that the Settlement is in the best interests of all Class Members.
The essential terms of the Settlement are summarized in the Notice. The Settlement Agreement along with all exhibits and addenda sets forth in greater detail the rights and obligations of the parties. If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs.
You are part of the Volkswagen Settlement if you are:
The Volkswagen Settlement does not involve claims of personal injury or property damage to any property other than the Subject Vehicles.
Yes. The following entities and individuals are excluded from the Class:
If you are not sure whether you are included in the Class, you may review important documents regarding the Volkswagen Settlement in the Documents section of this website, or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.
The Court has directed Patrick A. Juneau of Juneau David APLC to act as the Settlement Special Administrator. His role in the Volkswagen Settlement is to oversee and administer the Settlement Fund.
More information is available in the Preliminary Approval Order, which appointed Patrick A. Juneau as Settlement Special Administrator here.
Settlement Benefits
If you are a Class Member, what you are eligible to receive depends on several factors. The settlement benefits are outlined generally below, and more information can be found in the Volkswagen Settlement Agreement or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.
The proposed settlement benefits include, among other components:
For additional details on the separate benefits from the Settlement, please click here to download the Settlement Agreement.
It is uncertain when the Court will finally approve the Settlement, if it does so, or whether there will be any appeals that would have to be resolved in favor of the Settlement, before certain benefits will be provided. Please check the Volkswagen Settlement website regularly for updates regarding the Settlement.
Please note that you may have to take action within certain deadlines to receive certain benefits, such as completing and submitting a Registration/Claim Form. If you do nothing, you may not receive certain benefits from the Settlement, and, as a Class Member, you will not be able to sue the Released Parties about the issues in the lawsuit.
If you still own or lease a Subject Vehicle, to be eligible for a payment from the Out-of-Pocket Claims Process or Residual Distribution from the Volkswagen Settlement Fund you must bring your vehicle to a dealership for the Takata Airbag Recall Remedy, if you have not already done so. If you sold or returned, pursuant to a lease, a Subject Vehicle after February 9, 2016, and before November 10, 2021, you may also submit a Registration/Claim Form for a payment. Please note that dealerships cannot receive or process your Registration/Claim Forms.
To receive a payment, you must either (1) file a Registration/Claim Form for reimbursement of the reasonable expenses you incurred related to the Takata Airbag Recall, or (2) file a Registration/Claim Form to potentially receive up to $500 from the Settlement Fund.
Please Note: The Settlement Special Administrator will process and approve payments from the Settlement Fund in accordance with the Settlement Agreement. Payments for reimbursable out-of-pocket expenses will be made first, and if enough money remains in the Settlement Fund at the end of each program year, that money will be paid to Class Members who: (a) submitted claims for out-of-pocket expenses in that year or prior program years that were previously rejected; or (b) registered for a Residual Distribution payment only.
Reimbursements for out-of-pocket expenses will be made on a first-in-first-out basis during years one through three, until the Settlement Fund is depleted for that year. If there are no more funds to reimburse Class Members in years one through three, those Class Members will be moved to subsequent years for reimbursement. If approved reimbursements to Class Members in year four and until the Final Registration/Claim Deadline exceed the amount available in the Settlement Fund, reimbursements will be made on a pro rata basis.
Settlement Payments (excluding reimbursements for out-of-pocket expenses) are capped at $250 per Class Member in the Program year in which the Class Member registers for a payment from the Residual Distribution (or a subsequent year if the Class Member is moved to the subsequent year due to insufficient funds in years one through three). Approved payments to Class Members to reimburse them for reasonable out-of-pocket expenses are not capped, unless pro rata reimbursements are required in year four.
After the Final Registration/Claim Deadline, if enough money remains in the Settlement Fund and it is administratively feasible, the remaining money will be paid to all Class Members who registered/submitted a claim for a Settlement Payment on a per capita basis, up to a maximum of $250 per Class Member. If there are additional funds remaining after those payments, and, if it is administratively feasible, the remaining money will be distributed per capita to all Class Members.
If the Settlement becomes final, Class Members who do not exclude themselves from the Class will release Volkswagen and the Released Parties from liability and will not be able to sue the Released Parties about the issues in the lawsuit.
More information is available in the Documents section of this website or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596.
The Final Approval ("Fairness") Hearing
The Court held a Final Approval, or “Fairness,” Hearing on March 7, 2022, at 10:00 a.m. at the Wilkie D. Ferguson, Jr. United States District Courthouse, Southern District of Florida, 400 North Miami Avenue, Miami, FL 33128. Final Approval was granted on April 4, 2022.
No. Settlement Class Counsel answered questions on behalf of Class Members. Final Approval was granted on April 4, 2022.
The deadline to submit your Notice of Intent to Appear to the Fairness hearing has passed. You must have submitted your notice to Settlement Class Counsel, Volkswagen’s Counsel, and the Clerk of the Court so that it was postmarked no later than February 14, 2022.
The Final Order Approving Class Settlement and Certifying the Settlement Class was entered for the Volkswagen/Audi Settlement on April 4, 2022.
The appeals have been dismissed by the Court of Appeals for the Eleventh Circuit and the Court has established the Effective Date of the Volksawgen/Audi Settlement as July 8, 2022.
Exclusion and Objection
Excluding yourself (or “opting out”) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class.
If you are a Class Member and you do nothing, you will remain a Class Member and all of the Court’s orders will apply to you, you will be eligible for the settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue Volkswagen over the issues in the lawsuit.
The deadline to object to the Volkswagen/Audi Settlement was on February 14, 2022, and has passed.
If you exclude yourself, you cannot receive all the settlement benefits or object to the Settlement. But, if you timely and properly request exclusion, the Settlement will not prevent you from suing, continuing to sue, or remaining or becoming part of a different lawsuit against Volkswagen or the Released Parties about the issues in the lawsuit. If you exclude yourself, you will not be bound by anything that happens in this lawsuit and you may not object to the Settlement.
Unless you exclude yourself, you give up the right to sue the Released Parties for the claims resolved by this Settlement. If the Settlement is finally approved, you will be barred from initiating or continuing any lawsuit or other proceeding against the Released Parties about the issues in the lawsuit.
The deadline to opt out of the Volkswagen/Audi Settlement was on February 14, 2022, and has passed.
Questions About Counsel
Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Settlement Class Counsel”: Peter Prieto of Podhurst Orseck, P.A., is Chair Lead Counsel, and David Boies of Boies Schiller & Flexner, LLP and Todd A. Smith of Smith Lacien LLP are Co-Lead Counsel for the economic damages track. Roland Tellis of Baron & Budd P.C., James Cecchi of Carella, Byrne, Cecchi, Olstein, Brody & Agnello P.C., and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein, LLP are the Plaintiffs’ Steering Committee members. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
Their contact information is as follows:
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Peter Prieto PODHURST ORSECK, P.A. Suntrust International Center One S.E. 3rd Avenue Suite 2300 Miami, Florida 33131 Tel: (305) 358-2800 Email: pprieto@podhurst.com URL: www.podhurst.com Chair Lead Counsel |
David Boies BOIES, SCHILLER & FLEXNER, LLP 55 Hudson Yards 20th Floor New York, NY 10022 Tel: (212) 446-2300 Email: dboies@bsfllp.com URL: www.bsfllp.com Co-Lead Counsel for the Economic Loss Track |
Todd A. Smith SMITH LACIEN LLP 70 West Madison Street Suite 5770 Chicago, IL 60602 Tel: (312) 509-8900 Email: TSmith@SmithLacien.com URL: www.SmithLacien.com Co-Lead Counsel for the Economic Loss Track |
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Roland Tellis BARON & BUDD 15910 Ventura Blvd. #1600 Encino, CA 91436 Tel: (818) 839-2333 Email: rtellis@baronbudd.com URL: www.baronbudd.com Plaintiffs’ Steering Committee |
James E. Cecchi CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, PC 5 Becker Farm Road Roseland, NJ 07068 Tel: (973) 994-1700 Email: jcecchi@carellabyrne.com URL: www.carellabyrne.com Plaintiffs’ Steering Committee |
Elizabeth J. Cabraser LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Tel: (415) 956-1000 Email: ecabraser@lchb.com URL: www.lieffcabraser.com Plaintiffs’ Steering Committee |
The Parties did not begin to negotiate Attorneys’ Fees and Expenses until after agreeing to the principal terms set forth in the Settlement Agreement. Settlement Class Counsel agrees to file, and Volkswagen agrees not to oppose, an application for an award of Attorneys’ Fees and Expenses of not more than 30% of the Settlement Amount (30% of $42 million, i.e., $12.6 million). The Court will determine the amount of Attorneys’ Fees and Expenses to be awarded. This award will be paid from the Settlement Fund, and it shall be the only money Volkswagen will pay for all Plaintiffs’ counsel in the Actions.
Any order or proceedings solely relating to the Attorneys’ Fees and Expenses application, or any appeal from any order related thereto, or reversal or modification thereof, will not operate to terminate or cancel the Settlement Agreement, or affect or delay the Effective Date.
Volkswagen shall not be liable for, or obligated to pay, any attorneys’ fees, expenses, costs, or disbursements, either directly or indirectly, in connection with the Actions or the Agreement, other than as set forth above.
More Information
More details are available in the Volkswagen Settlement Agreement. You can view and/or print a copy of the Volkswagen Settlement Agreement and other information about the Volkswagen Settlement and other important documents in this case in the Documents section of this website. You can also contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596 or write to the Settlement Notice Administrator at:
Auto Airbag Settlement
Settlement Notice Administrator
P.O. Box 5650
Portland, OR 97208-5650
Please do not contact Volkswagen or Volkswagen’s Dealers about the Settlement. Please direct all questions about the Settlement to the Settlement Notice Administrator.
Settlement Program Year 1 concluded on July 8, 2023. In addition to the time taken to initially process all claims filed, the Settlement Special Administrator provides claimants that were preliminarily found deficient or ineligible with an opportunity to provide curing documentation which in turn takes additional time for notification, receipt, and re-review. Moreover, if, after paying all eligible reimbursement claims received and Outreach Program expenses in Settlement Program Year 1, there are remaining funds, the Residual Distribution will be a pro rata payment which requires final dispositions for all claims before any individual claim amount can be calculated. At the conclusion of Settlement Program Year 1, however, there were not sufficient funds remaining for a Residual Distribution to be administratively feasible. All eligible Program Year 1 Residual Distribution claims will be carried over into Program Year 2.
Settlement Program Year 2 will conclude on July 8, 2024. In addition to the time taken to initially process all claims filed, the Settlement Special Administrator provides claimants that were preliminarily found deficient or ineligible with an opportunity to provide curing documentation which in turn takes additional time for notification, receipt, and re-review. Moreover, if, after paying all eligible reimbursement claims received and Outreach Program expenses in Settlement Program Year 2, there are remaining funds, the Residual Distribution will be a pro rata payment which requires final dispositions for all claims before any individual claim amount can be calculated. To the extent that funds are available and to the extent that it is administratively feasible to do so, Year 2 Residual Distribution payments are expected to occur in the fourth quarter of 2024.
The Final Order Approving Class Settlement and Certifying the Settlement Class was entered for the Volkswagen/Audi Settlement on April 4, 2022.
The appeals have been dismissed by the Court of Appeals for the Eleventh Circuit and the Court has established the Effective Date of the Volksawgen/Audi Settlement as July 8, 2022.
Class Members are not precluded from addressing, contacting, dealing with, or complying with requests or inquiries from any governmental authorities relating to the issues raised in this class action settlement.
Please check the National Highway Traffic Safety Administration’s website, at www.nhtsa.gov, Volkswagen's website, www.vw.com/en/recalls, or Audi's website, www.audiusa.com/us/web/en/compliance/takata, to verify if a recall is active on your vehicle.
It is important to note that dealerships may not have information regarding future recalls at this time, and may not perform the recall remedy until your Subject Vehicle has been recalled. If your Subject Vehicle is recalled in the future, you will become eligible to submit a Registration/Claim Form for a Settlement Payment after you take your Subject Vehicle to a dealership to have the Takata Airbag Recall Remedy performed.
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