‘Another Scandal’: Class Action Lawsuit Filed Over Alleged Leaking Sunroof Defect in Newer Audi, Volkswagen Vehicles [UPDATE]
Last Updated on September 21, 2023
Gjonbalaj v. Volkswagen Group of America, Inc. et al.
Filed: December 23, 2019 ◆§ 2:19-cv-07165
A proposed class action lawsuit has been filed in New York over an alleged defect that can cause the panoramic sunroofs in certain Volkswagen and Audi vehicles to leak.
September 21, 2023 – Volkswagen Sunroof Leak Settlement Website Is Live
The official settlement website for the lawsuit detailed on this page is live and can be found at SunroofSettlement.com.
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Audi and Volkswagen drivers covered by the deal have until October 23, 2023 to submit a signed and dated claim form. This form must be sent along with supporting documentation, such as repair record[s], receipts or proof of payment, by first-class mail to the settlement claim administrator at the address provided on your claim form. For this settlement, claims forms cannot be submitted electronically.
A copy of the claim form for Audi drivers can be found here. A copy of the claim form for Volkswagen drivers can be found here.
“If the Settlement Claim Administrator determines your Claim should not be paid, you will be mailed a letter telling you this,” the website says. “If the reason for rejecting your Claim is due to a deficiency in your Claim Form and/or supporting proof, the letter will notify you of the deficiency in your Claim and what needs to be submitted, and by when, to correct the deficiency.”
Answers to frequently asked questions can be found here for Volkswagen drivers and here for Audi drivers.
The site states that payment will be distributed within 100 days after your valid claim form is received or within 100 days after the deal gets final approval from the court and any appeals are resolved. A final fairness hearing for this settlement is scheduled for November 14, 2023.
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April 26, 2023 – Volkswagen Sunroof Leak Settlement Given Preliminary Approval
A federal judge has given preliminary approval to the Volkswagen sunroof leakage class action settlement detailed below, opening the door for eligible drivers to begin to submit claims for compensation.
United States District Judge Brian M. Cogan’s 11-page preliminary approval order can be found here. Drivers who are covered by the deal should keep an eye on their email inboxes and mailboxes as direct notice about the settlement will likely be sent in the coming weeks or months in the lead-up to a final approval hearing.
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April 20, 2023 – Volkswagen Agrees to Class Action Settlement Over Sunroof Leaks
Volkswagen Group of America has agreed to settle the proposed class action detailed on this page with a deal that, if approved, will provide warranty extensions, reimbursements and other benefits to eligible drivers.
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If approved by the court, the Volkswagen sunroof settlement will cover drivers who bought or leased any of the following vehicle models imported by VW for sale or lease in the U.S. and Puerto Rico:
- 2018, 2019, 2020 and 2021 Volkswagen Atlas;
- 2020 and 2021 Volkswagen Atlas Cross Sport;
- 2015, 2016, 2017 and 2018 Volkswagen Golf and Volkswagen Golf GTI;
- 2015, 2016, 2017, 2018 and 2019 Volkswagen Golf SportWagen;
- 2017, 2018 and 2019 Volkswagen Golf Alltrack;
- 2018, 2019, 2020 and 2021 Volkswagen Tiguan;
- 2019, 2020 and 2021 Audi Q3;
- 2019, 2020 and 2021 Audi Q8; and
- 2019, 2020 and 2021 Audi e-tron.
Attorneys told the court that the proposed settlement, the product of roughly nine months of negotiations, offers benefits that “squarely address the issues raised in the litigation.” In particular, Volkswagen has agreed to cover a percentage of parts and labor costs for certain “covered repairs” at VW or Audi dealers for certain vehicles for a period of seven years or 80,000 miles, whichever occurs first. The costs VW will cover as part of the extended warranty will be determined on a sliding scale based on the age and mileage of a covered vehicle at the time of the repair, court documents state.
“Covered repairs” include fixes to an eligible VW or Audi vehicle’s sunroof to address leaking into the car’s interior while the sunroof was “in the fully closed position,” with the glass not broken, cracked or otherwise damaged. Other covered repairs include fixes to interior seats, carpets, floor mats and ceilings, and of electrical problems caused by sunroof leakage while the sunroof was fully closed.
The proposed settlement also offers reimbursements of a percentage of certain out-of-pocket expenses paid in the past to cover eligible parts-and-labor repairs performed within seven years or 80,000 miles from a vehicle’s in-service date, court filings state. To receive reimbursements, a class member need only timely submit a signed and dated claim form, along with basic documentation.
The deal also offers eligible VW and Audi drivers an extension of previously released service actions—specifically this one and this one—in the U.S. for certain “free specific Sunroof related services” by authorized Volkswagen dealers.
Lastly, the settlement includes an updated sunroof maintenance and recommendation schedule for certain covered Volkswagen and Audi vehicles pertaining to checking a sunroof’s functionality and water drainage.
According to court documents, more than 707,000 Volkswagen and Audi vehicles are covered by the proposed settlement, which aims to resolve six separate cases dating back to 2019 that were consolidated before the federal court in New York’s Eastern District. Drivers who are covered by the settlement will be notified directly.
ClassAction.org will update this page if and when the deal receives preliminary approval from the court and when an official settlement website goes live.
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A proposed class action lawsuit alleges a number of popular Volkswagen and Audi models come equipped with inherently defective sunroofs that can leak and damage a vehicle’s interior, electrical systems and safety sensors.
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Having just barely emerged from the rubble of the “Dieselgate” scandal, Volkswagen, in an attempt to rebuild its reputation, began offering what it calls a “People First” bumper-to-bumper new vehicle limited warranty that covers six years/72,000 miles and is the longest in the auto industry, the lawsuit begins. Unfortunately for some consumers, the 45-page suit says, the warranty is not being honored for the following vehicle models, all of which are allegedly equipped with defective, leak-prone sunroofs:
According to the complaint, defendants Volkswagen Group of America and Volkswagen AG refuse to repair, correct or otherwise address the sunroof defect, much less live up to their promise to make “any repair to correct a defect in the manufacturer’s material or workmanship.” Further, citing “internal documents” reportedly sent from the German automaker to North American dealers, the suit alleges VW has “long been aware” of the defect and has actively concealed the problem from drivers who are left to discover the issue on their own.
“VW may have intended its new warranty to win over consumers after Dieselgate, but given that VW will not acknowledge or repair the known sunroof defect, the warranty has not restored Class Vehicle consumers’ faith in VW,” the lawsuit reads. “VW has created another scandal through its deceptive and fraudulent business practices wherein they profit and consumers suffer.”
The case claims Volkswagen has issued “no less than five” technical service bulletins dating as far back as March 2016 that pertain to the sunroofs with which the above-listed vehicle models are equipped. These technical service bulletins, according to the complaint, touched on everything from tips for dealers on how to replace faulty sunroof frames, to investigating complaints of water leakage from sunroof drain tubes, to an August 2017 notice in which the lawsuit alleges the automaker informed dealers that it is “not notifying consumers” of the problem.
As a result of Volkswagen’s conduct, drivers have been left to incur substantial out-of-pocket repair bills, according to the case. Some, the lawsuit says, have even had to file claims through their auto insurance policies and incurred substantial deductibles. Given that consumers reasonably expected that any damage related to the sunroof defect would be covered under warranty—and, thanks to VW’s advertising, expected their vehicles to perform to a certain level—proposed class members have been deprived of the benefit of their bargain, the case argues. According to the complaint, consumers would not have bought or leased their VW or Audi vehicles, or would have paid far less for the cars, had they known of the sunroof leakage issue.
The complaint states that the plaintiff anticipates amending the list of affected vehicles once all VW and Audi models with defective sunroofs have been identified. The lawsuit looks to cover all consumers who bought or leased any of the Volkswagen or Audi vehicle models listed above or any other model with substantially similar component sunroof parts.
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Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
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