In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation
Case No. 3:15-md-02672-CRB (“MDL 2672”)
UPDATE: The Order granting Final Approval of the Bosch Class Action Settlement was filed with the Court on May 17, 2017.
|Summary of Your Legal Rights and Options in this Settlement|
If you filed in the past or file in the future an approved claim in either of the VW Settlements and you do not exclude yourself from the Bosch Settlement, you will automatically receive a cash payment if the Bosch Settlement receives final approval. You will also give up your right to ever be part of any other lawsuit against the Bosch Defendants about the claims being resolved in the Bosch Settlement.
If you were an Eligible Seller in the 2.0-liter Class Action Settlement but you missed the Eligible Seller Identification Deadline, or are an Eligible Former Owner who does not timely register in the 3.0-liter Class Action Settlement, you must file a claim in the Bosch Settlement no later than May 1, 2017 to participate. Eligible Sellers whose claims were timely and approved in the 2.0-liter Class Action Settlement and Eligible Former Owners whose claims are approved in the future in the 3.0-liter Class Action Settlement will automatically receive cash payments from the Bosch Settlement.
If you exclude yourself from either of the VW Settlements, you may still participate in the Bosch Settlement, but you must file a claim by August 15, 2017 to do so.
Get no payment from the Bosch Settlement fund. This is the only option that allows you to sue the Bosch Defendants separately over the claims being resolved by this settlement. The deadline for this is April 14, 2017.
For more information, see FAQ 26.
|File a Claim||
If you do not file an approved Claim in the VW Settlement that applies to your vehicle, or if you request exclusion from the applicable VW Settlements, you will not receive an automatic payment from the Bosch Settlement for that vehicle. If this describes you, you must file a claim form in the Bosch Settlement to participate in the Bosch Settlement and to receive a payment.
For more information, see FAQ 13.
Comment on or object to the Bosch Settlement, without excluding yourself.
For more information, see FAQ 34.
|Go to a Hearing||
Ask to speak in Court about the fairness of the Bosch Settlement.
For more information, see FAQ 37.
The earliest possible time payments can begin is shortly after May 11, 2017. The Final Approval Hearing is currently set for May 11, 2017 (see FAQ 36), but it could be re-scheduled. It is a good idea to check the website to see when the Final Approval Hearing will be held. If the Court grants final approval of the Bosch Settlement, payments will begin shortly after the Court issues its order.Back To Top
The Bosch Settlement Class includes all Class Members in the VW Settlements (both the 2.0-liter and 3.0-liter Settlement Classes):
2.0-liter Settlement Class: All persons (including individuals and entities) who:
3.0-liter Settlement Class: All persons (including individuals and entities) who:
The following diesel engine vehicles (“Eligible Vehicles”) are included in the Bosch Settlement:
2.0-LITER CLASS VEHICLES
|Volkswagen Jetta SportWagen||2009-2014|
|Volkswagen Beetle Convertible||2013-2015|
|Audi A3||2010-2013; 2015|
|Volkswagen Golf SportWagen||2015|
3.0-LITER CLASS VEHICLES
|Audi A8, A8L||2014-2016|
|Porsche Cayenne Diesel||2013-2016|
The following entities and individuals are excluded from the class:
On September 18, 2015, the Environmental Protection Agency (“EPA”) and the California Air Resources Board (“CARB”) issued a notice of violation to Volkswagen and Audi relating to the 2.0-liter Eligible Vehicles sold under the Volkswagen and Audi brands in the United States since 2008. On November 2, 2015, the EPA and CARB issued a notice of violation to Volkswagen, Audi and Porsche relating to the 3.0-liter Eligible Vehicles in the United States sold under Volkswagen, Audi and Porsche brands.
The class action alleges that Volkswagen, Audi and Porsche hired Bosch to program the computers in Eligible Vehicles to detect when the cars were undergoing official emissions testing. The class action alleges the cars turned on their full emissions control systems only during testing, but that they were not turned on during normal road use, which caused the cars to emit significantly more pollutants than permitted, in violation of U.S. and state clean air laws.
The United States on behalf of the EPA, the State of California by and through CARB and the Attorney General of California, the Federal Trade Commission (“FTC”), and attorneys who represent owners and lessees of Volkswagen, Audi and Porsche vehicles, filed lawsuits against various Volkswagen entities. The lawsuits filed by DOJ/EPA and CARB assert that Volkswagen, Audi and Porsche violated the Clean Air Act and the California Health and Safety Code, and the lawsuits filed by Plaintiffs and the FTC assert that Volkswagen and others intentionally misled consumers about the qualities and characteristics of the diesel engine vehicles sold under the Volkswagen and Audi brands. The government entities did not sue Bosch, but the private Plaintiffs did. The Bosch Settlement resolves the claims the private Plaintiffs brought against Bosch.Back To Top
Yes, the Bosch Settlement includes those whose claims are approved in the VW Settlements. If you filed (or will file) a claim in one or both of those settlements and the claim is approved, you are a Class Member here and will be eligible for an automatic payment if you do not opt out of the Bosch Settlement. Remember, if you filed an approved claim in either the 2.0-liter or 3.0-liter settlements, you will get an automatic payment in the Bosch Settlement. You do not have to file a claim.Back To Top
Yes, the Bosch Settlement includes those who timely registered and were verified as an Eligible Seller in the 2.0-liter Settlement or an Eligible Former Owner in the 3.0-liter Settlement. If you registered and were or will be verified as an Eligible Seller in the 2.0-liter Settlement or an Eligible Former Owner in the 3.0-liter Settlement, you are a Class Member here and will be eligible for an automatic payment if you do not opt out.
Note that the deadline to register as an Eligible Seller has passed for the 2.0-liter Settlement. If you believe you would have qualified as an Eligible Seller in the 2.0-liter Settlement and did not identify yourself in time, you may still file a claim in the Bosch Settlement. The deadline for Eligible Sellers who missed the Eligible Seller deadline in the 2.0-liter Settlement to file a claim in the Bosch Settlement is May 1, 2017. Eligible Former Owners who do not file a claim in the 3.0-liter Settlement can also file a claim in the Bosch Settlement before May 1, 2017.Back To Top
If you requested exclusion from the 2.0-liter Settlement or if you choose to do so in the 3.0-liter Settlement, you can still be paid in the Bosch Settlement for your claims against Bosch. You should read the Bosch Settlement Class definition in FAQ 3. Note that if you previously requested exclusion from the 2.0-liter Settlement or if you choose to do so in the 3.0-liter Settlement, and if you want to receive a payment from the Bosch Settlement, you mustfile a claim form in the Bosch Settlement before August 15, 2017.Back To Top
If you have not yet filed a claim in either of the VW Settlements, you may still receive a payment from the Bosch Settlement. If you file a timely and valid claim in either Settlement before the relevant claim filing deadline, you will receive an automatic settlement payment from the Bosch Settlement unless you exclude yourself from the Bosch Settlement. The claim filing deadline for the 2.0-liter Class Action Settlement is September 1, 2018, and the claim filing deadline for the 3.0-liter Class Action Settlement is December 31, 2019.Back To Top
If you are not sure whether you are included in the Bosch Settlement, you may send an email to the Claims Administrator at info@BoschVWSettlement.com or you may call toll-free 1-844-305-1928. Live operators are available 9:00 a.m. to 9:00 p.m. (Eastern Time), Monday through Friday, except for recognized holidays.Back To Top
The Federal Trade Commission (“FTC”) is an independent government agency whose mission is to prevent business practices that are anticompetitive, or deceptive or unfair to consumers. Acting as an independent third party to the litigation between Class Counsel and Bosch, the FTC chose, the parties agreed to and the Court approved the allocation of the Bosch Settlement fund among members of the Bosch Settlement Class.
The Bosch Settlement funds will be allocated to Class members as follows:
The above payments are net payments to Class Members. They will not be reduced by attorneys’ fees or expenses for Class Counsel.
The entire Bosch Settlement fund, plus any interest, will be distributed over the course of the settlement process through a combination of one or more payments to Bosch Settlement Class Members, and if approved by the Court, payment of attorneys’ fees and expenses from the Bosch Settlement. If any money remains in the fund at the end of the claims process, the parties may request that the Court approve cy pres payments (generally payments to a charity or charities related to the terms of a settlement) if it is not administratively and/or economically feasible to distribute the remaining money pro rata to the Bosch Settlement Class Members.Back To Top
If you do not file a claim in either the 2.0-liter Settlement or in the 3.0-liter Settlement, you will need to file a claim in the Bosch Settlement to receive a payment from the Bosch Settlement. You can file your claim via the Submit a Claim page on this website, by fax, or by mail to the Claims Administrator at Bosch Settlement, P.O. Box 5110, Portland, OR 97208-5110.
The deadline to file a claim in the Bosch Settlement is December 31, 2019. There are two exceptions:
To start your claim, go to the submit a claim page of this website and submit your VIN (Vehicle Identification Number). You will be asked to submit supporting documentation, including (depending on your particular circumstances):
Please Note: The portal currently located on the submit a claim page is for Bosch Class Members to register as 2.0-liter VW Settlement Eligible Sellers or 3.0-liter VW Settlement Eligible Former Owners. To determine whether you must register for the Bosch Settlement, please review the instructions located on the submit a claim page. The Bosch Settlement paper Claim and Claim Filing Portal will be available in mid-May 2017.Back To Top
If you have already filed a 2.0-liter or 3.0-liter claim that was approved in the 2.0-liter or 3.0-liter VW Settlements, you will automatically receive a payment from the Bosch Settlement once the Settlement is approved (if you do not request exclusion). The earliest this could take place is shortly after May 11, 2017. If you file a claim in one of the VW Settlements in the future, you will receive a payment from the Bosch Settlement after your claim in the VW Settlement is approved. If you do not file a claim in either of the VW Settlements, but file a claim in the Bosch Settlement, you will receive a payment as soon as your claim is approved.Back To Top
While it is the intention of the parties that any payments made as a result of the Bosch Settlement not be subject to taxation, you should consult a tax professional to assess the specific tax implications of any payment you may receive. A tax professional will help you understand the specific tax implications for you.Back To Top
To change your address in the administrator’s database, please send a letter signed by you requesting an address update, which includes your former and current mailing addresses to the Claims Administrator at Bosch Settlement, P.O. Box 5110, Portland, OR 97208-5110.
Important Note: Changing your address with the Bosch Administrator will only update your records for the Bosch Settlement. Please follow the prescribed procedures in the VW Settlements for changing your address in those matters.Back To Top
To change your name in the administrator’s database, please send a letter signed by you requesting a name change, which includes your former and current name, along with supporting documentation (i.e., valid driver’s license, state ID, and/or marriage certificate) to the Claims Administrator at Bosch Settlement, P.O. Box 5110, Portland, OR 97208-5110.
Important Note: Changing your name with the Bosch Administrator will only update your records for the Bosch Settlement. Please follow the prescribed procedures in the VW Settlements for changing your name in those matters.Back To Top
You received a Notice because you may be a Class Member of the Bosch Settlement involving certain VW Diesel vehicle owners and lessees. The Court in charge of this case authorized this Notice because Class Members have a right to know about the proposed settlement of this lawsuit, and to understand all of their options before the Court decides whether or not to approve the Bosch Settlement. The Notice summarizes the Bosch Settlement and explains Class Members’ legal rights and options under the Bosch Settlement.
Judge Charles R. Breyer of the United States District Court for the Northern District of California is in charge of this case. The case is known as In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No. 3:15-md-2672-CRB. The people who sued are called the “Plaintiffs.” Bosch is a “Defendant.”Back To Top
A class action is a representative lawsuit. One or more plaintiffs (who are also called “class representatives”) sue on behalf of themselves and all other people with similar claims, who are not named, but are described in the class definition and are called “Class Members.” When a class action is settled, the Court resolves the issues in the lawsuit for all Class Members, except for those who request exclusion from (or “opt out” of) the class. Opting out means that you will not receive benefits under the Bosch Settlement but you retain your right to sue the Bosch defendants on your own. The opt out process is described in FAQ 26.Back To Top
Bosch is the manufacturer of the software in the 2.0-liter and 3.0-liter Eligible Vehicles (see FAQ 4 for a list of Eligible Vehicles) that controlled whether the emissions systems operated in a manner compliant with EPA and CARB standards.Back To Top
After extensive Court-ordered negotiations, supervised by former FBI Director Robert Mueller (the Court-appointed Settlement Master), Class Counsel and Bosch agreed to settle the claims in this case. There are multiple settlements in this case, including settlements with certain states and other U.S. government agencies, because there are multiple lawsuits brought or contemplated by different government entities, and by the vehicle owners themselves. The Bosch Settlement, if approved, will resolve most of the claims related to the affected 2.0-liter and 3.0-liter TDI diesel engine vehicles that were brought against the Bosch Defendants.
A settlement is an agreement between a plaintiff (or multiple plaintiffs) and a defendant (or multiple defendants) to resolve a lawsuit. Settlements end all or part of a lawsuit without a trial, and without the court or a jury ruling in favor of the plaintiff(s) or the defendant(s). A settlement allows the parties to avoid the costs and risks of a trial, and the very significant time delays of litigation. Class Counsel believe that the proposed Bosch Settlement is fair and reasonable for the class, and that it is in the public and environmental interest.Back To Top
In exchange for your payment from Bosch, you will give up your right to sue the Bosch Defendants for the claims being resolved by the Bosch Settlement (see FAQ 6). The Bosch settlement has no effect on claims concerning other Bosch products, or for vehicles not included in the Bosch Settlement.
Section 9 of the Bosch Settlement Agreement contains the complete text and details of what Class Members give up unless they exclude themselves from the Bosch Settlement, so please read it carefully. The Bosch Settlement Agreement is available here. If you have any questions, you may talk to the law firms listed in FAQ 31 for free, or you may talk to your own lawyer.Back To Top
No. The Bosch Settlement does not affect or release any personal injury or wrongful death claims you may have, now or in the future.Back To Top
There are over 150 claims for relief in this nationwide class action, including some claims that seek treble or punitive damages. The list of claims starts on page 208 of the Consolidated Consumer Class Action Complaint, filed on February 22, 2016, in the Northern District of California. The Consolidated Consumer Class Action Complaint can be found at www.cand.uscourts.gov/crb/vwmdl. If you have any questions about the claims and remedies in the class action, you may talk to the law firms listed in FAQ 31 for free, or you may talk to your own lawyer.Back To Top
If you do not want to receive benefits from the Bosch Settlement, and you want to retain the right to sue the Bosch Defendants about the legal issues in this case, then you must take steps to remove yourself from the Bosch Settlement. You may do this by asking to be excluded from—sometimes referred to as “opting out” of—the Bosch Settlement. To do so, you must mail a letter or other written document to the Court-appointed Claims Administrator. Your request must include:
You must mail your exclusion request, postmarked no later than April 14, 2017, to the Claims Administrator at Bosch Settlement, P.O. Box 5110, Portland, OR 97208-5110.Back To Top
No. Unless you exclude yourself, you give up the right to sue the Bosch Defendants for all of the claims that the Bosch Settlement resolves.Back To Top
No. If you exclude yourself, you will not get a payment from the Bosch Settlement.Back To Top
Yes. If you excluded yourself from either or both of the VW Settlements, you can still participate in the Bosch Settlement and receive a payment. If you are a Bosch Settlement Class Member, you are eligible to participate in the Bosch Settlement. Note that if you requested exclusion from a VW Settlement you were eligible for, you must file a claim in the Bosch Settlement to receive a payment from the Bosch Settlement.
If you requested exclusion from one of the VW Settlements and you also want to preserve your rights to sue the Bosch Defendants, you must also request exclusion as described in FAQ 26.Back To Top
The law of most states provides for various remedies, including actual damages, punitive or multiple damages, and rescission, if a claim is proved at trial and upheld on appeal. None of these can be predicted with certainty, and all take additional time and may be subject to offsets or deductions for attorneys’ fees and costs. The Bosch Settlement is designed to provide benefits that are certain, not subject to the delay and risk of trial and appeal, and not reduced by fees or costs.Back To Top
Yes. The Court has appointed a number of lawyers to represent all Class Members as “Class Counsel,” without charge to you. They are:
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street
San Francisco, CA 94111
|Lynn Lincoln Sarko
Keller Rohrback L.L.P.
1201 Third Avenue
Seattle, WA 98101
|Steve W. Berman
Hagens Berman Sobol Shapiro LLP
1918 Eighth Avenue
Seattle, WA 98101
|Benjamin L. Bailey
Bailey and Glasser LLP
209 Capital Street
Charleston, WV 25301
Boies Schiller and Flexner
333 Main Street
Armonk, NY 10504
|David Seabold Casey, Jr.
Casey Gerry Schenk Francavilla Blatt & Penfield LLP
110 Laurel St
San Diego, CA 92101
|James E. Cecchi
Carella Byrne Cecchi Olstein Brody & Agnello, P.C.
5 Becker Farm Road
Roseland, NJ 07068
|Roxanne Barton Conlin
Roxanne Conlin and Associates
319 7th Street
Des Moines, IA 50309
|W. Daniel “Dee” Miles III
Beasley Allen Crow Methvin Portis & Miles
218 Commerce Street
P.O. Box 4160
Montgomery, AL 36103
|Frank Mario Pitre
Cotchett Pitre & McCarthy LLP
San Francisco Airport Office Center
840 Malcolm Road
Burlingame, CA 94010
|Rosemary M. Rivas
Levi & Korsinsky LLP
44 Montgomery Street
San Francisco, CA 94104
|Joseph F. Rice
Motley Rice LLC
28 Bridgeside Boulevard
Mt. Pleasant, SC 29464
|Christopher A. Seeger
Seeger Weiss LLP
77 Water Street
New York, NY 10005
Simmons Hanly Conroy, LLC
112 Madison Avenue
New York, NY 10016
|Paul J. Geller
Robbins Geller Rudman and Dowd LLP
120 East Palmetto Park Road
Boca Raton, FL 33432
|Robin L. Greenwald
Weitz & Luxenberg, P.C.
New York, NY 10003
|Michael D. Hausfeld
1700 K Street NW
Washington, DC 20006
|Michael Everett Heygood
Heygood, Orr, Pearson
6363 North State Highway 161
Irving, TX 75038
|Adam J. Levitt
Grant & Eisenhofer P.A.
30 North LaSalle Street
Chicago, IL 60602
|J. Gerard Stranch IV
Branstetter, Stranch & Jennings, PLLC
223 Rosa L. Parks Avenue
Nashville, TN 37203
|Roland K. Tellis
Baron Budd, P.C.
15910 Ventura Boulevard
Encino, CA 91436
|Lesley Elizabeth Weaver
Bleichmar Fonti & Auld LLP
1999 Harrison Street
Oakland, CA 94612
You will not be charged for contacting these lawyers.Back To Top
No. Class Counsel will represent you at no charge to you apart from the Court-approved attorneys’ fees and expenses awarded from this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense. It is possible that you will receive less money overall if you choose to hire your own lawyer to litigate against the Bosch Defendants rather than receive compensation from this Settlement.Back To Top
Class Counsel will ask the district court to award attorneys’ fees of a maximum of 16 percent of the Settlement fund plus expenses from the Bosch Settlement fund, and those fees and expenses are subject to approval by the Court. The Bosch Defendants will not have to pay any attorneys’ fees or expenses in any amount over and above the Bosch Settlement fund. Class Members will have an opportunity to comment on and/or object to the request for attorneys’ fees and expenses at an appropriate time.Back To Top
If you do not exclude yourself from the Bosch Settlement, you may object to it. The Court will consider your views. To comment on or to object to the Bosch Settlement, you or your attorney must submit your written objection to the Court, including the following:
In addition, if you wish to speak at the final approval hearing (the “Fairness Hearing”), you must submit a written notice of your intent (see FAQ 38).
You must mail your objection to the three addresses below postmarked no later than April 14, 2017:
|Court||Class Counsel||Defense Counsel|
|Clerk of the Court/Judge Charles R. Breyer
Phillip Burton Federal Building & United States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street
San Francisco, CA 94111
|Matthew D. Slater
2000 Pennsylvania Avenue, NW
Washington, D.C. 20006
You can object only if you do not opt out of the class. Opting out is telling the Court that you do not want to be part of the Bosch Settlement, and you do not want to receive any payment from the Bosch Settlement. If you opt out, you have no basis to object to the Bosch Settlement by telling the Court you do not like something about it, because the case no longer affects you.Back To Top
The Court will hold the final approval or “Fairness Hearing” on May 11, 2017, at 8:00 a.m., at the United States District Court for the Northern District of California, located at the United States Courthouse, 450 Golden Gate Avenue, 17th Floor, San Francisco, CA 94102, before determining whether to approve the Bosch Settlement. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 1-844-305-1928 for updates. At this hearing, the Court will hear evidence about whether the Bosch Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Bosch Settlement. We do not know how long that decision will take.
The Court also may consider the request for attorneys’ fees and reasonable costs by Class Counsel (see FAQ 33) during the Fairness Hearing, or at a time that will be set at a later date by the Court. Please check this website for updates on when the Court will hear the attorneys’ fees and expenses motion.Back To Top
No. Class Counsel will answer questions the Court may have. You are welcome to attend at your own expense. If you timely file an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You also may have your own lawyer attend at your expense, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Fairness Hearing. The Court will determine whether to grant you permission to speak. To do so, you must send a letter stating that it is your “Notice of Intention to Appear at the Bosch Settlement in In re: Volkswagen 'Clean Diesel' Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-2672 (N.D. Cal.).” Be sure to include your name, address, telephone number, and your signature. Your notice of intention to appear must be postmarked no later than April 14, 2017, and sent to all of the addresses listed in FAQ 34.Back To Top
The Notice and this website summarize the proposed Bosch Settlement. More details are in the Bosch Settlement Agreement. You can get a copy of both of these documents and others at the Important Documents page of this website. You also may write with questions to the Claims Administrator at Bosch Settlement, P.O. Box 5110, Portland, OR 97208-5110 or call toll-free 1-844-305-1928. Live operators are available 9:00 a.m. to 9:00 p.m. (Eastern Time), Monday through Friday, except for recognized holidays.Back To Top
|February 14, 2017||Preliminary Approval Hearing|
|April 14, 2017||Bosch Settlement Exclusion (Opt Out) Deadline|
|April 14, 2017||Bosch Settlement Objection Deadline|
|May 1, 2017||If you are an Eligible Seller and missed the Identification Deadline in the 2.0-liter Settlement, or if you are an Eligible Former Owner and do not file a claim in the 3.0-liter Settlement, you have until May 1, 2017 to file a claim in the Bosch Settlement.|
|May 11, 2017||Fairness Hearing|
|August 15, 2017||Bosch Settlement Claim Filing Deadline for those who excluded themselves from either the 2.0-liter Class Action Settlement or the 3.0-liter Class Action Settlement|
|December 31, 2019||Bosch Settlement Claim Filing Deadline|
|September 16, 2016||Deadline to register as an Eligible Seller in the 2.0-liter Settlement|
|September 1, 2018||Claim Submission Deadline for the 2.0-liter Class Settlement*|
|May 1, 2017||Deadline to register as an Eligible Former Owner in the 3.0-liter Settlement|
|June 1, 2019||Claim Submission Deadline for the Generation One vehicles in the 3.0-liter Settlement*|
|December 31, 2019||Claim Submission Deadline for the Generation Two vehicles in the 3.0-liter Class Action Settlement*|
* Note: This is not the Claim Filing Deadline for the Bosch Settlement.