Court Approves $1.6 Billion Volkswagen Dieselgate Settlement on Behalf of VW-Branded Dealerships

01/23/2017

644 franchise dealers to receive payments after diesel emissions scandal

SAN FRANCISCO – A federal judge today granted final approval for a $1.67 billion settlement for hundreds of Volkswagen-branded franchise dealers following the automaker’s Dieselgate scandal that blindsided dealers, according to Hagens Berman.

The settlement brings $1.67 billion in benefits to Volkswagen dealers, including nearly $1.2 billion in new cash, $270 million through a non-offset provision for prior payments and $175 million in continued sales incentives. The settlement garnered nearly unanimous approval of dealers, with 99 percent participation in the settlement. Participating dealers will receive an average settlement payout of $1.85 million.

“The Volkswagen-branded franchise dealer class-action settlement finalized today represents an outstanding result for Volkswagen’s affected franchise dealers who, like consumers, were blindsided by the brazen fraud that VW perpetrated,” said Steve Berman, managing partner of Hagens Berman and the lead attorney representing the class. “We are pleased to have been able to reach a swift resolution to allow these small business owners to get back to business and offset the tremendous hit to franchise value, revenue and profits suffered due to VW’s Dieselgate scandal.”

The order, granted by Judge Charles Breyer of the U.S. District Court for the Northern District of California, states that franchise dealers will share just under $1.2 billion in payments intended as compensation for the alleged diminution in the value of their franchises. The court approved allocation of the cash payments based upon the formula that Volkswagen used to provide its monthly support payments to franchise dealers, specifically, the monthly support payments that began in November of 2015, and pursuant to the settlement, continued through December 2016.

Hagens Berman has established a dedicated email, toll-free number and website to answer dealers’ questions about the proposed settlement. Dealers are invited to contact Hagens Berman’s legal team:

vwdealers@hbsslaw.com
1-800-657-1758
www.vwdealersettlement.com

Half of the settlement payment will be made up front, and the remaining 50 percent will be paid in 18 equal, consecutive monthly installments beginning the month following the initial payment. Approximately 85 percent of Volkswagen’s dealers have already executed Individual Release forms that have allowed VW to pay the initial payments in December 2016 and January 2017. Franchise dealers who chose not to complete the individual release will receive their initial payments within 30 days of the effective date of the settlement.

In addition to the cash compensation and continued incentives, the Settlement limits VW’s ability to require its dealers to make costly capital improvements for two years and establishes parameters to resolve dealer inventory issues with the diesel cars that have been stuck on dealers’ lots since the emission scandal when Volkswagen issued broad stop-sale orders covering diesel powered cars.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Media Contact
Ashley Klann
ashleyk@hbsslaw.com
206-268-9363


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10/30/17: Bosch Motion to Dismiss Denied

Today federal judge Charles Breyer denied, in its entirety, Bosch’s attempt to dismiss franchise dealers’ claims that Bosch engaged in a RICO conspiracy with VW relating to the diesel emissions scandal. The Court’s order greenlights the dealers’ claims to move into the next step of the litigation, which is discovery. In this stage, dealers will seek extensive information from Bosch concerning its role in the development of the hardware and software that was used as a defeat device in approximately 580,000 VW diesel cars that were sold in the United states between 2009 and 2015.

01/23/17: $1.6 Billion Settlement Approved

A federal judge today granted final approval for a $1.67 billion settlement for hundreds of Volkswagen-branded franchise dealers following the automaker’s Dieselgate scandal that blindsided dealers, according to Hagens Berman.

Read the press release »
Download the court's order  »

12/12/16: Motion for Final Approval

Hagens Berman filed a motion for final approval of the settlement.

All of the documents relevant to the settlement and FAQ can be found at www.vwdealersettlement.com.
 

10/18/16: 10/18/2016: Order Granting Preliminary Approval

On October 18, 2016, the U.S. District Court for the Northern District of California, in San Francisco, granted preliminary approval of the proposed Franchise Dealer Class Action Settlement. Settlement notices will now be sent to all franchise dealers as of September 18, 2016. All of the documents relevant to the settlement and FAQ can be found at www.vwdealersettlement.com.
 

08/25/16: 08/25/2016 Proposed Settlement

VW franchise dealers have reached a proposed settlement with Volkswagen that creates a settlement fund and provides additional benefits to all franchise dealers in the United States. Funds under the proposed settlement would be paid out within 18 months. The payout formula is still under refinement and will be fully disclosed in the coming weeks. Any particular franchise dealer’s actual payout under the proposed settlement will depend on the size of the dealership and the size of the market it serves, among other factors.

Visit the VW Dealer Settlement Website »