07/08/24 | Settlement with Volkswagen Preliminarily Approved
The Hon. Jessica S. Allen, U.S. Magistrate Judge of the U.S. District Court for the District of New Jersey, granted preliminary approval to a proposed settlement. If approved, the settlement would extend the New Vehicle Limited Warranties on all impacted 2019-2023 Atlas and Atlas Cross Sport vehicles subject to Recall 97GF to cover 100% of the costs for repair or replacement of a failed front door wiring harness that was modified and/or installed pursuant to Recall 97GF. The settlement also provides for reimbursement of certain past paid costs of repair or replacement of a failed front door wiring harness.

A Final Fairness Hearing is scheduled for Jan. 15, 2025.

 

Own a 2019-2023 VW Atlas or 2020-2023 VW Atlas Cross Sport? An alleged, dangerous wiring harness defect may be causing issues with your parking brake and other malfunctions. You may be entitled to compensation. Fill out the form to find out your rights »

Case Status
Active
Motion to Dismiss Denied (In Full or in Part)
Position
Co-Class Counsel
Court
U.S. District Court for the District of New Jersey
Case Number
2:22-cv-01704
Defendant(S)
Volkswagen Group of America Inc.
File Date

Hagens Berman has filed a class-action lawsuit against Volkswagen after consumers nationwide brought attention to an alleged manufacturing defect in the door wiring harness of VW Atlas vehicles. The lawsuit claims the defect causes vehicles’ systems to malfunction, affecting the functionality of airbags, brakes, and more, placing drivers, passengers, and other traffic or pedestrians in immediate safety risk or danger. VW has sold and leased over 222,000 of the allegedly defective Atlas vehicles across the U.S.

AFFECTED VEHICLES

  • 2019-2023 Volkswagen Atlas
  • 2020-2023 Volkswagen Atlas Cross Sport

ALLEGED WIRING HARNESS DEFECT HAZARDS

According to attorneys, the alleged defect affecting the wiring harness in Volkswagen Atlas cars can cause many features to malfunction and act erratically. These malfunctions can range from dangerous to highly threatening distractions to the driver, impacting safety during vehicle operation or survival during a crash.

The wiring harness defect affecting Volkswagen Atlas models has been documented to cause the following widespread malfunctions and safety hazards:

  • Delayed side airbag deployment
  • Parking brake automatically engaging during vehicle operation
  • Windows going up and down on their own
  • Distracting error messages and warning noises

WHAT VOLKSWAGEN KNEW ABOUT THE ALLEGED WIRING HARNESS DEFECT

According to the complaint, the VW Atlas wiring harness defect has plagued the cars since their launch. Despite the defect’s safety hazards, Volkswagen has allegedly chosen to ignore reports of the problems from multiple sources, including from pre-release data; warranty claims data; consumer complaints made directly to VW and those collected by the National Highway Transportation Safety Administration (NHTSA), and/or posted on public online forums; testing in response to those complaints; aggregate data and complaints from authorized dealers; and other sources.

As outlined in the complaint, not only did Volkswagen fail to act to recall vehicles, report these issues to the public, or investigate the defect, but it also continues to manufacture and sell affected vehicles without warning, actively concealing a massive safety risk.

Attorneys allege that VW has left vehicle owners with no proposed remedy, and often owners are forced to wait months for replacement harnesses that are themselves also defective. Additionally, Volkswagen has failed to consistently provide loaner vehicles, forcing owners to choose between continuing to drive dangerously defective cars, or go without their car for months while they wait for replacement parts that are equally defective.

OWNER AND LESSEE REPORTS OF THE ALLEGED DEFECT

Owners and lessees who filed the lawsuit against Volkswagen reported the parking brake engaging on its own at stop lights, requiring it to be manually unlocked before moving forward. When the vehicle was finally “repaired” with a new wiring harness, malfunctions continued. In one instance, the brakes suddenly engaged for no apparent reason, causing the driver to lurch forward, cutting his lip and chipping two teeth on his water bottle which became pinned against the steering wheel.

In complaints made to federal agencies, Atlas owners and lessees complained: “The dealer and VW corporate do not have a fix and suggested we keep driving it to get more documented occurrences. The vehicle poses an extreme safety risk…” And another reported, “…the parking brake automatically came on while exiting the highway and an 18-wheeler truck was behind me with my daughter in the car. I had to completely turn my vehicle off and back on to keep going.”

YOUR CONSUMER RIGHTS

Hagens Berman believes that consumers have the right to repayment for VW’s alleged manufacturing defect, concealment and grave safety risks posed to Atlas owners and lessees. Attorneys allege that Volkswagen’s response has been insufficient and dangerous, allowing highly defective cars to continue operation without any public notice, recall or other response to the defect. The lawsuit seeks damages from VW for its egregious behavior, as well as injunctive relief to stop the sale of affected Atlas vehicles.

TOP AUTO DEFECT LITIGATION FIRM

Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading nationwide cases against FCA, Ford, GM, Volkswagen and Mercedes for safety defects, emissions-cheating and negligence. Your claim will be handled by attorneys experienced in automotive consumer law.

NO COST TO YOU

There is no cost or fee whatsoever involved in joining this case. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.

CASE TIMELINE

Complaint filed

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