— VW suction jet pump recalls allegedly should be enough to shut down a class action lawsuit.
The Audi and Volkswagen class action lawsuit involves a suction jet pump used to purge fuel from the evaporative emissions (EVAP) system. If the pump fails, fuel can accumulate in the EVAP system and leak through the charcoal canister filter.
This can cause problems with fuel spillback or fuel nozzles stopping too soon when refueling, as well as fuel odors in the vehicle.
The class action lawsuit includes these vehicles:
- 2015-2020 Volkswagen Golf
- 2015-2020 Audi A3
- 2021-2024 Volkswagen Taos
The first VW suction jet pump recall was issued in 2016 and included 2015-2016 Volkswagen Golf, VW Golf SportWagen, VW GTI, Audi A3 and A3 Cabriolet vehicles.
In 2022, Volkswagen extended the suction jet pump warranties (AWA-22-12 and VWP-22-12) to 15 years or 150,000 miles for 2015-2020 VW Golf and 2015-2020 Audi A3 vehicles.
But in December 2023, the National Highway Traffic Safety Administration opened a "recall query" of the 2016 VW suction jet pump recall.
Audi and VW owners continued to complain about fuel odors and leaks, and owners also reported gas pump nozzles shut off early and fuel spit back out of the tanks while refueling.
Then in February 2024, VW issued a second suction jet pump recall because the seal inside the fuel tank could allow fuel to flow into the evaporative emissions (EVAP) system and possibly leak out of the charcoal canister.
NHTSA closed its recall query based on the second VW suction jet pump recall.
Motion to Dismiss the VW Suction Jet Pump Lawsuit
VW argues the suction jet pump recalls make the class action lawsuit unnecessary and the five customers allegedly lack standing to sue. In addition, VW says all the claims should be dismissed because they are "prudentially moot" because the court "cannot offer any relief not already provided."
There are five plaintiffs who filed the class action, and VW asserts the recall repairs are offered free of charge for all affected vehicles, including those owned by plaintiffs Jagger Hardy, Andrew Montemayor, Geri Darrow and Luis Viteri.
The fifth plaintiff, Nancy Pickett, sued on behalf of herself and other owners and lessees of 2022-2024 Volkswagen Taos vehicles. But VW argues her claims must be dismissed because they have nothing to do with the suction jet pump problems or the recalls.
According to the motion, there have already been two VW suction pump recalls, and the second recall involves replacement of earlier versions of the pumps with new versions of the pumps.
Volkswagen also argues customers have received full relief because the warranties have been extended, and customers have been offered full reimbursements if they paid out-of-pocket for suction jet pump repairs.
The VW suction jet pump 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.
