San Diego, California – Volkswagen recently reached a class action lawsuit settlement over allegations that various Audi and Volkswagen vehicles’ Front Assist emergency braking systems pose a danger when they activate suddenly and without warning.

California lemon law attorney, Richard Wirtz of Wirtz Law says that taking part in the settlement isn’t always the best option. “If you don’t opt-out of a class action settlement, you’re often waiving your right to pursue a claim directly against the manufacturer. A standalone claim, in many cases, can result in more compensation for the vehicle owner.”

The four claims against Volkswagen were recently consolidated into a single case. They cover dozens of Audi and Volkswagen models released between 2011 and 2023, each of which included one or more autonomous braking systems.

In these cases, the vehicle owners allege that software coding problems in the systems cause unexpected braking, which can occur without warning. They also allege that Volkswagen has concealed problems with the autonomous braking features and has refused to recall or repair the vehicles. They claim that their vehicles have lost value due to the issues with these systems.

In an article published by Wirtz Law titled, “Why Is It a Good Idea To Opt-Out Of Class Actions?” the firm lists a few reasons why some people opt-out of a class action lawsuit. Those reasons include:

• Ethical, moral, or ideological objections to the case itself. They cannot in good conscience be involved in the case.
• Unwillingness to compromise their relationship with the defendant. For instance, a business client of the defendant may choose not to be included in the class action even if they fit the definition of the class.
• The Class Action does not provide for payment of all your damages. This is often the most common reason. Potential damages and recovery under California lemon law is often greater than an extended warranty or other benefits offered in a class action settlement.

Many drivers don’t realize that California’s lemon law also provides for civil penalties to be awarded, which may be up to two times an owner’s actual damages.

Wirtz Law is available for a free consultation to anyone that is considering opting out of the Volkswagen class action settlement. The deadline to opt-out in writing from this class action is June 17, 2024.

If someone opts out of the settlement and works with Wirtz Law to pursue a lemon law claim against Volkswagen, there are no out-of-pocket costs to the consumer.

CASE INFORMATION
United States District Court, W.D. Missouri, Western Division.
Dack et al v. Volkswagen
Case No. 4:20-CV-00615-BCW