— A Volkswagen suction jet pump class action lawsuit has been filed months after Audi and VW announced a recall to replace the suction jet pumps.
The lawsuit includes:
"All persons or entities who purchased or leased a 2015-2020 Volkswagen Golf, 2015-2020 Audi A3, or 2021-2024 Volkswagen Taos vehicle (Class Vehicle) in the United States (including its territories and the District of Columbia)."
Volkswagen allegedly knew about the suction jet pump problem in 2015, and VW did recall certain vehicles in 2016.
However, the National Highway Traffic Safety Administration opened an investigation into whether the 2016 Volkswagen suction jet pump fixed the problems.
The federal investigation was opened in December 2023 following more than 80 complaints and field reports about Audi A3 and VW Golf vehicles which leaked fuel, created fuel odors and customers said gas pump nozzles shut off while refueling and fuel spit back out of the tanks.
In February 2024, another VW suction jet pump recall was announced for these models:
- 2015-2020 Audi A3
- 2015-2019 Audi A3 Cabriolet
- 2019-2020 Volkswagen Jetta GLI
- 2018 Volkswagen Golf SportWagen
- 2015-2019 Volkswagen Golf SportWagen
- 2015-2020 Volkswagen Golf GTI
- 2015-2020 Volkswagen Golf
According to the February 2024 suction jet pump recall documents, the pump inside the fuel tank is used to purge fuel from the evaporative emissions (EVAP) system. But if a seal in the pump fails, gas can leak into the evaporative emissions system.
Fuel could then build up in the EVAP system and leak through the charcoal canister filter element.
Documents filed with the government related to the February VW suction jet pump recall said the automaker believed less than 1% of the vehicles had the defect.
A fire is possible due to leaking fuel, but Volkswagen said no fires had been reported.
Volkswagen and Audi also announced they would offer a reimbursement plan under the suction jet pump recall.
Dealerships had to be supplied the replacement parts before repairs and replacements could occur, so Audi and Volkswagen told NHTSA that interim owner recall notices would be mailed on or before April 12, 2024.
Audi told NHTSA the suction jet pump recall number 20YF owner notification date for final repairs would be July 25, 2024.
Volkswagen's suction jet pump recall number 20UF owner notification date was planned for August 13, 2024.
NHTSA closed its federal investigation in July based on the February VW suction jet pump recall.
VW Suction Jet Pump Lawsuit
According to the Volkswagen class action lawsuit, the suction jet pump problems increase the risk of fires and interferes with the ability of the engine to receive fuel.
However, the plaintiffs seem to be unsure of the exact cause of the problem as they assert:
"[D]iscovery will show, [the defect] likely is the result of: 1) inadequately designed, manufactured, or installed seals in the suction jet pump; 2) the use of inadequate materials in the suction jet pump which begin to degrade from the moment the pump is exposed to fuel; 3) improper design of the gas tank and/or the suction jet pump; and/or 4) improper design of the fuel system itself."
The class action alleges Audi and VW customers complain about dealers refusing to repair the vehicles even when the vehicles are under their warranties. The plaintiffs also contend dealerships either refuse to repair the vehicles or can't repair them properly.
Even though VW has issued two suction jet pump recalls and a federal investigation has been opened and closed, the lawsuit alleges Audi and Volkswagen "actively concealed, and continue to conceal, their knowledge concerning the Suction Pump Defect."
The plaintiffs also argue the automakers "undertook affirmative measures to conceal" fuel tank, suction jet pump, and related components’ failures and other malfunctions through technical service bulletins "issued to authorized repair facilities only and not provided to owners or lessees."
Volkswagen also allegedly has told dealers to tell customers the vehicles are “operating normally” or “operating as intended” when they are not.
The class action lawsuit was filed by these vehicle owners:
- Jagger Hardy / Florida / 2015 Volkswagen GTI SE
- Nancy Pickett / Missouri / 2022 Volkswagen Taos
- Geri Darrow / Florida / 2019 Volkswagen GTI
- Luis Viteri / New Jersey / 2015 Volkswagen Golf
- Andrew Montemayor / Hawaii / 2016 Audi A3
The Volkswagen suction jet pump class action lawsuit was filed in the U.S. District Court for the District of New Jersey: Hardy, et al., v. Volkswagen Group of America, Inc., et al.
The plaintiffs are represented by Berger Montague PC, and Capstone Law APC.