Mike Sherrod, et al. v. Volkswagen Group of America, Inc., et al.
Sherrod v. Volkswagen Group of America
Case No. 2:22-cv-01537-EP-JSA

Frequently Asked Questions

 

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  • According to records, you are a current or past owner or lessee of a certain specific Volkswagen vehicle of the following models/model years that was distributed by Volkswagen Group of America, Inc. (“VWGoA”) in the United States or Puerto Rico (hereinafter, collectively, “Settlement Class Vehicles”), enumerated in a VIN list attached as Exhibit 4 to the Settlement Agreement:

    • Certain 2019-2023 Volkswagen Atlas*
    • Certain 2019-2023 Volkswagen Atlas Cross Sport*

    *Not every such model and model year vehicle is covered by this Settlement (i.e., a Settlement Class Vehicle).  The specific Settlement Class Vehicles are determined by Vehicle Identification Numbers (VINs).  You can look up whether your vehicle is a Settlement Class Vehicle by typing your vehicle’s VIN where indicated in the VIN Lookup Portal.

    A Settlement Class Member is defined as a current or past owner or lessee of a Settlement Class Vehicle, subject to exclusions listed in FAQ 3.

    The Lawsuit claims that the putative class vehicles’ front door wiring harnesses are defective and, in certain instances, may not function properly. VWGoA has denied the claims and maintains that the front door wiring harnesses in the Settlement Class Vehicle. The Court has not decided in favor of either party.  Instead, the Lawsuit has been resolved through a Settlement under which the benefits set forth below will be provided:

    I. Warranty Extension for Current Owners or Lessees of Settlement Class Vehicles

    Effective on October 10, 2024, VWGoA extended its New Vehicle Limited Warranty (“NVLW”) for all Settlement Class Vehicles to cover the cost of repair or replacement, by an authorized Volkswagen dealer, of a failed front door wiring harness [hereinafter, “Part”] that was modified and/or installed in the Settlement Class Vehicle pursuant to Recall 97GF (the “Recall”), during a period of up to 5 years or 60,000 miles (whichever occurs first) from the date that the Recall repair was performed.  The warranty extension applies to all wiring harness-related repairs performed pursuant to the Recall, whether or not involving replacement of the wiring harness itself, and will include any other necessary repair/adjustment to address any warning lights or fault codes resulting from or attendant to a failure of the Part.

    The Warranty Extension is subject to the same terms and conditions set forth in the Settlement Class Vehicle's New Vehicle Limited Warranty and Warranty Information Booklet and is fully transferable to subsequent owners, to the extent its time and mileage limits have not expired.

    Excluded from the Warranty Extension is any failure of the Part resulting from damage, abuse, alteration, modification, collision or crash, vandalism, and/or other impact or outside sources.

    II. Reimbursement of Certain Past Paid (and Unreimbursed) Out-of-Pocket Expenses

    Settlement Class Members who submitted to the Claim Administrator (by mail or online through the Settlement Website) a timely and complete Claim for Reimbursement shall be eligible for 100% reimbursement of the past paid (and unreimbursed) cost (parts and labor) of repair or replacement of a failed Part (and any associated diagnostic costs charged and paid for in connection with that repair), performed prior to October 10, 2024 and within 7 years or 100,000 miles (whichever occurred first) from the vehicle’s In-Service Date.

    For any past paid repair that was performed between December 22, 2022 and October 10, 2024, Settlement Class Members must also submit a signed declaration, under penalty of perjury, establishing that they presented the Settlement Class Vehicle to a Volkswagen dealer to have the Recall 97GF repair performed prior to December 22, 2022, but the dealer was unable to perform the repair because a replacement part was not available.  Eligible reimbursement includes all paid costs for wiring harness-related repairs, whether or not involving replacement of the wiring harness itself.  A form Declaration is available on the Important Documents page.

    If the past paid repair was performed during the Settlement Class Vehicle’s original New Vehicle Limited Warranty period, but not by an authorized Volkswagen dealer, then the Settlement Class Member must submit also records showing that they first attempted to have the repair performed by an authorized Volkswagen dealer but the dealer declined or was otherwise unable to perform the repair.  Alternatively, the Settlement Class Member may submit a signed declaration, under penalty of perjury, stating that such records are not available after a good faith effort to obtain them.  A form Declaration is available on the Important Documents page.

    The above relief is subject to certain limitations and proof requirements which are set forth below and in the Settlement Agreement which can be found on the Important Documents page.

    A. Required Claim Form and Supporting Documentation:

    The claim filing deadline passed on December 24, 2024. If you have timely filed a claim but have yet to submit all of the required supporting documentation shown below, please do so as soon as possible. You can mail additional supporting documentation to Sherrod v. Volkswagen Group of America Settlement, PO Box 91500, Seattle, WA 98111. Please include your full name, mailing address, and Claim Number if you have it.

    (1) an original or legible copy of a repair invoice(s) or record(s) for the repair covered under the Settlement containing claimant’s name, the make, model and vehicle identification number (“VIN”) of the Settlement Class Vehicle, the name and address of the authorized Volkswagen dealer or non-dealer service center that performed the covered repair, the date of the covered repair, the Settlement Class Vehicle’s mileage at the time of the repair, a description of the repair work performed including the parts repaired/replaced and a breakdown of parts and labor costs, and the amount charged (parts and labor) for the covered repair;

    (2) proof of the Settlement Class Member’s payment for the covered repair; and

    (3) if the person/entity seeking reimbursement is different from the one to whom the Class Notice was mailed, then proof of the Settlement Class Member’s ownership or lease of the Settlement Class Vehicle at the time of the covered repair.

    B. Limitations:

    Any reimbursement shall be reduced by goodwill or other monies or concessions paid by an authorized Volkswagen dealer, any other entity (including insurers and providers of extended warranties or service contracts), or from any other source, for repair or replacement of any front door wiring harness or any wiring harness-related repairs. If the Settlement Class Member received a free replacement or repair, or was otherwise reimbursed the full amount for the repair or replacement, then they will not be entitled to any reimbursement.

    VWGoA will not be responsible for, and shall not warrant, any repair or replacement work that is not performed by an authorized Volkswagen dealer.

    Excluded from reimbursement is any front door wiring harness failure resulting from damage, abuse, alteration, modification, collision or crash, vandalism, and/or other impact or damage from outside sources.

  • In a class action lawsuit, one or more persons, called Plaintiffs and Class Representatives, sue on behalf of other people who have similar claims. All of these people are Class Members or Settlement Class Members. The company they sued is called the Defendant. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Class.

    The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a Settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks, delays, and costs of a trial, and the people affected (the Settlement Class Members) will receive benefits quickly. The Class Representatives and the attorneys believe the Settlement is best for the Settlement Class.

  • The Court has conditionally approved the following definition of a Settlement Class: “All present and former U.S. owners and lessees of Settlement Class Vehicles, defined as certain model year 2019-2023 Volkswagen Atlas and Atlas Cross Sport vehicles which were the subject of Recall 97GF, distributed by Defendant Volkswagen Group of America, Inc. for sale or lease in the United States and Puerto Rico, which are the subject of Recall 97GF and specifically identified by Vehicle Identification Number (“VIN”) in Exhibit 5 to the Settlement Agreement.”

    Excluded from the Settlement Class are (a) all Judges who have presided over the Actions and their spouses; (b) all current employees, officers, directors, agents and representatives of Defendant, and their family members; (c) any affiliate, parent or subsidiary of Defendant and any entity in which Defendant has a controlling interest; (d) anyone acting as a used car dealer; (e) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (f) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company that acquired a Settlement Class Vehicle as a result of a total loss; (g) any insurer of a Settlement Class Vehicle; (h) issuers of extended vehicle warranties and service contracts; (i) any Settlement Class Member who, prior to the date of the Agreement, settled with and released Defendant or any Released Parties from any Released Claims, and (j) any Settlement Class Member who files a timely and proper Request for Exclusion from the Settlement Class. (see FAQ 10).

  • If you are still not sure whether you are included in this Settlement, you can get more information. You can enter your VIN in the VIN Lookup Portal to determine if your vehicle is a Settlement Class Vehicle.  You can also call the Claim Administrator at 1-855-660-5222.

  • The benefits afforded by the Settlement are described in FAQ 1. Additional details are provided in the next three FAQs.

  • The claim filing deadline passed on December 24, 2024.

  • The claim filing deadline passed on December 24, 2024.

  • If the Claims Administrator determines your Claim is valid, your reimbursement will be mailed to you within one hundred fifty (150) days of either (i) the date of receipt of the completed Claim (with all required proof), or (ii) the date that the Settlement becomes final (the “Effective Date”), whichever is later.

    If the Claims Administrator determines your Claim should not be paid, you will be mailed a letter telling you this. If the reason for rejecting your Claim is due to a deficiency in your Claim Form and/or supporting proof, the letter will notify you of the deficiency in your Claim, and what needs to be submitted, and by when, to correct the deficiency. To check on the status of your Claim, you can call 1-855-680-5222.

  • Unless you exclude yourself by taking the steps described in Section 10 below, you will remain in the Class, and that means that you will be bound by the release of claims and cannot sue, continue to sue, or be part of any other lawsuit which arise from or in any way relate to the front door wiring harnesses of Settlement Class Vehicles and their associated parts, and/or the Recall 97GF involving said front door wiring harnesses and all replacement parts, that were or could have been asserted in this case, and the Released Claims set forth in the Settlement Agreement. It also means that all of the Court’s orders and judgments will apply to you and legally bind you.  The specific claims and parties you will be releasing are set forth in sections I.S and I.T of the Settlement Agreement, a copy of which is available for review on the Important Documents page.

  • The deadline to exclude yourself from the Settlement passed on November 25, 2024.

  • No, not for the same matters and legal claims that were or could have been asserted in the Action, unless your claim is for personal injury or property damage (other than damage to the Settlement Class Vehicle itself.)

  • No, if you excluded yourself from the Settlement Class, you will not receive any money or benefits from this Settlement, and you should not submit a Claim Form. You cannot do both.

  • The Court has appointed the law firms of Carella, Byrne, Cecchi, Brody & Agnello, P.C.; Hagens Berman Sobol Shapiro LLP; Goldenberg Schneider, LPA; The Law Offices of Sean K. Collins and Lemberg Law LLC to represent Settlement Class Members. Together, these law firms are called “Class Counsel.”

  • You do not need to hire your own lawyer to participate in the Settlement because Class Counsel will be representing you and the Settlement Class. But, if you want your own lawyer, you may hire one at your own cost.

  • Class Counsel have prosecuted this case on a contingency basis. Class Counsel filed an application with the Court requesting an award of reasonable attorney fees and reasonable costs and expenses (“Fees and Expenses”) in an amount not exceeding a combined total sum of $1,950,000.  

    Class Counsel also applied to the Court for service awards to the named Plaintiffs, Dana Potvin, Lisa Bultman, Michael McKarry, David Wabakken, Mohamed Hassan, Christina Merrill, Eric Levine, Patrick Donahue, Debbi Brown, Carol Radice, Terrence Berry, Amanda Green, David Wildhagen, Katy Doyle, Tashia Clendaniel, Hogan Popkess, Kory Wheeler, Harry O’Boyle, Joe Ramagli, Eric Kovalik, Charles Hillier, Labranda Shelton, Adam Moore, Tina Grove, Keech Arnsten, Scott Carter, Mike Sherrod, Christi Johnson, Mary Koelzer, and Mark Stevens, who have conditionally been approved as Settlement Class Representatives, in the amount of $2,500 each for their efforts in pursuing this litigation for the benefit of the Settlement Class.

    Any award for Class Counsel Fees and Expenses, and any service awards to Settlement Class Representatives, will be paid separately by Defendant and will not reduce any benefits available to you or the rest of the Settlement Class under the Settlement. You won’t have to pay these Fees and Expenses.

    Class Counsel’s motion for fees and expenses and Settlement Class Representative service awards was filed and later approved by the Court during the Final Fairness Hearing held on January 15, 2025. Copies of the court documents are available for review on the Important Documents page. 

  • The deadline to object to the Settlement passed on November 25, 2024.

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

  • The Court held a Final Fairness Hearing at 11:00 a.m. on January 15, 2025 and granted final approval of the Settlement. A copy of the Court's Order is available for review on the Important Documents page.

  • The Court held a Final Fairness Hearing at 11:00 a.m. on January 15, 2025 and granted final approval of the Settlement.

  • The Court held a Final Fairness Hearing at 11:00 a.m. on January 15, 2025 and granted final approval of the Settlement. A copy of the Court's Order is available for review on the Important Documents page.

  • If you did nothing, you will be bound by the Settlement including all orders, judgments and the release of claims set forth in the Settlement. A copy of the Settlement Agreement is available for review on the Important Documents page.

  • You can look up your vehicle’s VIN to determine if it is Settlement Class Vehicle, find a copy of the Settlement Agreement and other pertinent documents on the Important Documents page, and more information on this Action and Settlement. Updates regarding the Action, including important dates and deadlines, will also be available on this website. You may also call the Claim Administrator at 1-855-680-5222.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Sherrod v. Volkswagen Group of America Settlement
c/o JND Legal Administration
PO Box 91500
Seattle, WA 98111