This section addresses common questions regarding the Settlement. You should review the Court-approved Notice and the Class Action Settlement Agreement for additional information regarding the Settlement and your rights.

  1. Am I included in the Settlement?

    The Settlement Class includes all persons (including individuals and entities) in the United States (including Puerto Rico) who own or lease a Class Vehicle as of August 30, 2019, or who previously owned or leased one of the Class Vehicles before that date. The list of Class Vehicles is included below:

    Make Model Engine Capacity Model Year(s)
    AudiA8L4.0L2015
    AudiA8L6.3L2013 – 2016
    AudiRS74.0L2014 – 2016
    AudiS84.0L2013 – 2016
    BentleyContinental GT4.0L2013 – 2017
    BentleyContinental GTC4.0L2013 – 2014
    BentleyContinental GT Convertible4.0L2015 - 2017
    BentleyFlying Spur4.0L2015 – 2016
    BentleyFlying Spur6.0L2014 – 2016
    PorscheCayenne3.6L2013 – 2014, 2016
    PorscheCayenne GTS3.6L2016
    PorscheCayenne GTS4.8L2013 - 2014
    PorscheCayenne S3.6L2015 – 2016
    PorscheCayenne S4.8L2013 – 2014
    PorscheCayenne Turbo4.8L2013 – 2014
    PorscheCayenne Turbo S4.8L2014, 2016
    VolkswagenTiguan 4MOTION2.0L2017
    VolkswagenTouareg3.6L2013 - 2014

    You may also check your Vehicle Identification Number (VIN) here to see your vehicle is a qualifying Class Vehicle.

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  2. Is anyone excluded from the Settlement?

    The following entities and individuals are excluded from the Class:

    • Defendants’ officers, directors and employees and participants in Volkswagen's Internal Lease Program, and/or Porsche Associate Lease Program; Defendants’ affiliates and affiliates’ officers, directors and employees; Defendants’ distributors and distributors’ officers, directors and employees;
    • Judicial officers and their immediate family members and associated court staff assigned to this case; and
    • All those otherwise in the Class who or which timely and properly exclude themselves from the Class, as provided in the Settlement.
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  3. What options do I have?

    Participate by Filing a Claim To obtain compensation under this Settlement, you must submit a valid Claim. You can submit your claim now, and must electronically submit or postmark it no later than 30 days after final approval. Under the current schedule, the claim deadline is March 29, 2020. This schedule may change, so please visit this Settlement Website regularly for updates. Please refer to FAQ 4 below for details on how to submit a valid claim.
    Request Exclusion If you wish to exclude yourself from the Settlement, you must submit a request to exclude yourself from, or “opt out” of, the Settlement, by January 17, 2020 . If you do so, you will receive no compensation under this Settlement, but you will preserve your rights to sue the Defendants over the claims being resolved by this Settlement. For additional information about the exclusion process, please review FAQ 12.
    Object Write to the Court explaining what you dislike about the Settlement. If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class (if you are otherwise eligible) and are releasing the claims covered by this Settlement. If you make an objection, you must still submit a claim to receive compensation under the Settlement. For additional information about the objection process, please review FAQ 13.
    Go to the Hearing If you object to the Settlement as described above, you may ask to speak in Court about the fairness of the Settlement. For additional information about the Fairness Hearing, please review FAQ 18.

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  4. Do I need to submit a claim for compensation?

    Yes. To receive compensation, you must submit a claim and supporting documentation. You can submit a claim here or by clicking the “Submit a Claim” button at the top of this website.

    You must submit a complete claim form and accompanying documentation by no later than 30 days after the Settlement receives final approval. Under the currently proposed schedule, that would mean a deadline no later than March 29, 2020. That schedule is subject to change without further notice, however, so please check this website regularly or call 1-855-942-0395 for updates, and submit your claim as soon as possible.

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  5. What kind of documentation is required for my claim?

    If You Are A: You Must Submit:
    Current Owner
    (Owned as of August 30, 2019)
    • One of the following: Purchase agreement, bill of sale, title, registration from time of purchase, DMV registration history, or financing agreement reflecting VIN and purchase date of the vehicle. If the vehicle was purchased from a lease, please also include the documents listed in the “Former Lessee” section with your submission.

      AND

    • Proof of vehicle registration as of August 30, 2019.
    Former Owner
    (Sold before August 30, 2019)
    • One of the following: Purchase agreement, bill of sale, title, registration from time of purchase, DMV registration history, or financing agreement reflecting VIN and purchase date of the vehicle. If the vehicle was purchased from a lease, please also include the documents listed in the “Former Leaseholder of Vehicle” section with your submission.

      AND

    • Sale agreement reflecting sale date.
    Current Lessee
    (Leased as of August 30, 2019)
    • Lease contract or proof of monthly lease payment reflecting VIN and date of lease agreement.

      AND

    • Proof of vehicle registration as of August 30, 2019.
    Former Lessee
    (Lease terminated before August 30, 2019, and did not purchase off lease)
    • Lease contract or proof of first lease payment reflecting VIN and start date of lease agreement.

      AND

    • Proof of final lease payment, lease termination agreement or lease completion letter reflecting end date of lease agreement.

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  6. What is the deadline to submit a claim for compensation?

    Your Claim Form must be submitted online, or postmarked by no later than 30 days after the Settlement receives final approval. Under the currently proposed schedule, that would mean a deadline no later than March 29, 2020. If your claim is missing information or necessary documentation, however, you will be notified and you will have an additional 60 days from the date you are notified to fix the deficiency.

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  7. How much can I get in the Settlement?

    You can calculate your estimated settlement compensation here.

    Payment amounts are determined based on the specific Class Vehicle you own(ed) or lease(d), and the number of months that you owned or leased it. Class Members who are the original owners of their Vehicles and continued to own them on August 30, 2019 will receive the maximum compensation for that Vehicle. Class Members who held active leases as of August 30, 2019 are eligible for compensation for the full duration of their lease. Class Members who purchased their Vehicles used, but owned them as of August 30, 2019 will be entitled to compensation for the months they have owned their Class Vehicles, as well as any remaining months up to a total of 96 months after their Class Vehicles were first sold to the original owner.

    For more information about how the specific Settlement compensation was determined for each Class Vehicle, please refer to Question 5 of the Long Form Notice.

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  8. When and how will I receive my payment?

    Settlement checks will be mailed to eligible claimants within thirty days of the later of: (i) the date the Court grants Final Approval of the Settlement, or (ii) the date the Claims Administrator receives a completed Claim Form.

    If you have a question about your Claim or payment, please email info@VWMPGSettlement.com or call 1-855-942-0395.

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  9. What are the tax implications of receiving a Settlement payment?

    While it is the intention of Class Counsel that any payments made as a result of the 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.

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  10. What happens to money that is not claimed?

    The total Settlement Value of approximately $96.5 million was calculated based on the assumption that all potentially eligible Class Members will submit timely and valid Claims. If, however, there are any funds remaining in the Settlement Value after all valid, complete, and timely Claims are paid to Class Members, the remaining money will be directed to environmental remediation efforts, subject to Court approval. This may include, for example, the purchase of greenhouse gas credits, environmental projects, and/or other, environmentally-focused recipients, as agreed by the Parties and approved by the Court.

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  11. What would I be giving up in exchange for receiving the Settlement benefits?

    In exchange for your Settlement payment, you will give up your right to sue the Released Parties for the claims being resolved by the Settlement, and will give up your right to obtain compensation other than the set value provided by the Settlement. The Settlement has no effect on claims concerning vehicles not included in the Settlement. Please refer to Section 10 of the Settlement Agreement for the complete text and details of what Class Members give up unless they exclude themselves from the Settlement.

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  12. How do I get out of the Settlement?

    If you do not want to receive benefits from the Settlement, and you want to retain the right to sue the Defendants about the legal issues in this case, then you must take steps to remove yourself from the Settlement. You may do this by asking to be excluded—sometimes referred to as “opting out” of—the Settlement. To do so, you must mail or e-mail a letter or other written document to the Court-Appointed claims administrator. Your request must include:

    • Your name, address, telephone number, and the VIN of your Settlement Class Vehicle;
    • A statement as to whether you own/owned or lease/leased the Settlement Class Vehicle, and the dates of your ownership or lease of the Settlement Class Vehicle (i.e., start date and, if applicable, end date of possession);
    • A statement that “I wish to exclude myself from the Class in Volkswagen/Audi/Porsche/Bentley Fuel Economy Class Action Settlement in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672)” or substantially similar clear and unambiguous language; and
    • Your personal signature and date (electronic signatures, including Docusign, are invalid and will not be considered personal signatures). Opt-out requests that are signed by an attorney but not by the Class Member are also invalid.

    Your exclusion request must be postmarked or emailed no later than January 17, 2020 to the Claims Administrator at the following:

    Write To:
    Volkswagen Fuel Economy Settlement
    Claims Administrator
    P.O. Box 3240
    Portland, OR 97208-3240

    Email To:
    info@VWMPGSettlement.com

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  13. How do I tell the Court if I do not like the Settlement?

    If you do not exclude yourself from the Settlement, you may object to it. The Court will consider your views. To comment on or to object to the Settlement or Class Counsel’s request for attorneys’ fees and costs, you or your attorney must submit your written objection to the Court, including the following:

    • Your name, address, telephone number, and the VIN of your Settlement Class Vehicle;
    • A statement as to whether you own/owned or lease/leased the Settlement Class Vehicle, and the dates of your ownership or lease of the Settlement Class Vehicle (i.e., start date and, if applicable, end date of possession);
    • A statement saying that you object to the Volkswagen/Audi/Porsche/Bentley Fuel Economy Class Action Settlement in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672)” or substantially similar clear and unambiguous language;
    • The reasons you object to the Settlement, along with any supporting materials;
    • A statement that you have reviewed the Class definition and have not opted out of the Class; and
    • Your signature and date.

    If you object through your own lawyer (hired at your own expense), your lawyer must comply with additional requirements contained in Section 8.2 of the Settlement Agreement.

    In addition, if you intend to appear at the Final Approval Hearing (the “Fairness Hearing”), you must submit a written notice of your intent. Please review the Long Form Notice for additional information about this process.

    You must mail your objection to all of the addresses below postmarked no later than January 17, 2020:

    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
    Elizabeth Cabraser Lieff Cabraser
    Heimann & Bernstein, LLP
    275 Battery Street, 29th Floor
    San Francisco, CA 94111
    Sharon L. Nelles SULLIVAN & CROMWELL LLP
    125 Broad Street
    New York, NY 10004

    Cari Dawson Alston & Bird LLP
    1201 W. Peachtree Street NE
    Suite #4900
    Atlanta, GA 30309

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  14. What is the difference between objecting to the Settlement and opting out?

    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 Settlement, and you do not want to receive any payment from the Settlement. If you opt out, you have no basis to object to the Settlement by telling the Court you do not like something about it, because the case no longer affects you.

    If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class (if you are otherwise eligible). If you make an objection, you must still submit a claim in order to receive compensation under the Class Action Settlement.

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  15. Do I have a lawyer in the case?

    Yes. The Court previously appointed Lead Counsel and a Plaintiffs’ Steering Committee to prosecute all consumer claims pending before Judge Charles R. Breyer as part of the “Clean Diesel” cases in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672). Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP is Lead Counsel and has been appointed Interim Settlement Class Counsel (“Class Counsel”) in this case.

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  16. I’ve received solicitation letters from attorneys. Do I need to hire my own attorney to get money from the Settlement?

    No. Class Counsel will represent you for purposes of the Settlement at no charge to you. As explained in FAQ 17 below, any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid by the Defendants in addition to the compensation available to Settlement Class Members. Please note, however, if you have been or are currently represented by your own lawyer, any moneys you may owe to your lawyer will not be covered by 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 Defendants rather than receive compensation from this Settlement.

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  17. How will the class lawyers be paid? And how much?

    Any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid separately by Defendants in addition to the Class compensation, and will not reduce benefits to Settlement Class Members.

    Defendants will pay reasonable attorneys’ fees and costs to Class Counsel as awarded by the Court in addition to the benefits provided to the Class Members in the Settlement. Class Counsel will ask the Court to award up to $13 million in attorneys’ fees and costs in a document to be filed on December 13, 2019. That document will be available on this website shortly after it is filed and will describe the methodology and rationale behind Class Counsel’s request. Class Members will have an opportunity to comment on and/or object to this request. Defendants are free to contest the fee amount if they do not agree that the requested amount is reasonable. The Court must approve any attorneys’ fees and costs before they are paid by Defendants.

    Defendants will not pay attorneys’ fees and costs to any attorneys other than Class Counsel and attorneys working under Class Counsel’s direction. If you have hired or choose to hire attorneys that have not been appointed as Class Counsel, you may incur additional charges, subject to your agreement with your personally-retained attorneys. No attorneys other than Class Counsel or other attorneys authorized by Class Counsel to perform work in connection with this Action will receive fees or expenses from Defendants under this Class Action Agreement or any fee-shifting statute.

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  18. When and where will the Court decide whether to approve the Settlement?

    The Court will hold the final approval or “Fairness Hearing” on February 28, 2020, 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 Settlement and Class Counsel’s request for attorneys’ fees and costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to regularly check this website for the most recent information about the hearing date. At this hearing, the Court will hear evidence about whether the 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 Settlement and Class Counsel’s request for attorneys’ fees and costs. We do not know how long that decision will take.

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  19. Do I have to attend the hearing?

    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 submitted 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.

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