— A VW transmission class action lawsuit settlement has been reached after customers complained the 8-speed transmissions have multiple defects.
Volkswagen denies all the allegations and maintains the 2019 VW Jetta and 2018-2020 VW Tiguan transmissions function properly and are not defective. But the judge allowed the plaintiffs to amend their class action lawsuit four times which finally sent Volkswagen to the settlement table.
The VW transmission class action lawsuit was filed by three customers.
California plaintiff Dominique Parrish owns a 2019 Volkswagen Jetta and says the transmission rattles and hasn't been repaired by a dealer.
California plaintiff Ludwig Combrinck leased a new 2018 Volkswagen Tiguan and complained about a transmission oil leak which was repaired under warranty, and hard shifting from first to second gear which he claims was not repaired.
Utah plaintiff Trine Utne leased a new 2019 Volkswagen Tiguan and complained of transmission hesitation problems which were not repaired.
The plaintiffs allege Volkswagen "calibrated the Transmission's software to engage higher gears at insufficient speeds and insufficient revolutions per minute (`RPMs') and likewise programmed the torque converter to lock up at insufficient speeds and at insufficient RPMs."
The transmission class action lawsuit alleges the 8-speed transmission "grates, scuffs, scrapes, grinds, suffers hard and sudden shifts, delayed acceleration, hesitation, banging into gear, and ultimately suffers broken seals and oil leaks, resulting in catastrophic failure."
The 8-speed transmissions allegedly contain separate problems, with certain 2019 Volkswagen Jetta vehicles suffering rattling noise from the transmissions.
Then other 2019 Jettas suffer from transmission oil leaks from the cooler seal rings, and 2018-2020 Volkswagen Tiguans allegedly experience transmission hesitation or jerking.
VW Transmission Class Action Settlement
All current and former owners and lessees of 2019 Jettas may receive software updates of the transmission control modules and damper weights installed on the driveshafts.
The Jetta must be diagnosed as making rattling noise due to the transmission, and the update will be available up to one year after the class action notice date.
In addition, current or former owners or lessees of 2019 Volkswagen Jettas may be reimbursed for expenses paid to repair a diagnosed transmission rattling noise. The repairs must have been paid prior to the notice date and within 72,000 miles from the in-service date of the vehicle.
If the past transmission repair for noise was performed by a non-Volkswagen dealership, the Jetta owner will need to show documents to prove the owner first tried to have the repair performed by a dealer under warranty but the VW dealer declined or was unable to perform the repair for free under warranty.
Model year 2019 VW Jetta customers may also receive a warranty extension based on the vehicle identification numbers. The extension will cover repairs of transmission oil leaks caused by the O-rings during a period of 12 months or 12,000 miles from the original transmission warranty.
"The Warranty Extension is conditioned upon either (i) Service Action 38C5 (entitled 'Transmission Oil Cooler Seals', issued by VWGoA on March 25, 2020) having been performed on the vehicle prior to said repair, or (ii) the Settlement Class Member providing a declaration (that VWGoA’s records do not otherwise contradict), attesting that he/she/it was not previously notified of the availability of Service Action 38C5, and that he/she/it had the Service Action performed on that vehicle within thirty (30) days after the Notice Date." — VW transmission settlement
VW Jetta customers may also be eligible for other reimbursements, but several conditions currently exist to receive payments.
For customers of 2018-2020 Volkswagen Tiguans, the warranty will be extended for 12 months or 12,000 miles for repairs related to transmission hesitation and jerking.
Emissions Recall 24GB (entitled Engine and Transmission Control Module (ECM/TCM issued by VW on September 16, 2020) must have been previously performed prior to the extended warranty repair.
"Volkswagen is providing an Engine and Transmission Control Module (ECM/TCM) software update to address elevated tailpipe emissions that were found during vehicle testing. This software will also improve drivability and provide other diagnostic improvements." — Emissions Recall Code: 24GB
Tiguan customers may also be eligible for certain reimbursements for paid repairs related to transmissions jerking and hesitating. However, conditions apply and customers will need to provide documentation.
Nothing about the VW transmission class action settlement is official until the judge grants preliminary and then final approval of the settlement agreement.
The VW transmission class action lawsuit was filed in the U.S. District Court for the Central District of California: Parrish, et al., v. Volkswagen Group of America, Inc.
The plaintiffs are represented by Capstone Law, and Berger Montague.
