Home Audi | Gjonbalaj, et al. v. Volkswagen Group of America, Inc., et al. (2024)

NOTE: This website provides information for Audi Owners and Lessees. If you are a Volkswagen Owner or Lessee, please visit www.SunroofSettlement.com/vw.

UPDATE: The Settlement was approved following the Final Fairness Hearing on December 5, 2023. Claims are still being processed, and the Settlement Claim Administrator will reach out to you if any additional information is needed.

What is this lawsuit about?

The Lawsuit claims that the sunroofs in the Settlement Class Vehicles may be susceptible to water leakage. Defendant has denied the claims and maintains that the Settlement Class Vehicles’ sunroofs are properly designed and manufactured, not defective, function properly, and that no applicable warranties were breached, or statutes violated. 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. The available benefits will vary depending on the year and model Settlement Class Vehicle that you own(ed) or lease(d).

Who is included?

You may be a Settlement Class Member if you are a current or past owner or lessee of a certain vehicle within the following models/model years, that was imported and distributed by Volkswagen Group of America, Inc. (“VWGoA”) in the United States or Puerto Rico:

Model Year 2019, 2020 or 2021 Audi Q3

Model Year 2019, 2020 or 2021 Audi Q8

Model Year 2019, 2020 or 2021 AudiE-Tron

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

What does the Settlement provide?

I. Warranty Extension for Current Owners and Lessees of Model Year 2019, 2020 and 2021 Audi Q3, Q8 and E-Tron Vehicles

VWGoA has extended the New Vehicle Limited Warranty (“NVLW”) applicable to these specific Settlement Class Vehicles’ sunroofs, to cover a percentage of the cost of a Covered Repair (parts and labor), by an authorized Audi dealer, during a period of up to seven (7) years or eighty thousand (80,000) miles (whichever occurs first) from the vehicle’s In-Service Date. The percentage of coverage for the cost of a Covered Repair under the Warranty Extension shall be pursuant to the coverage percentages set forth in Table I below. The Warranty Extension repair will include the Sunroof and all parts and labor necessary to effectuate such repair.

A Covered Repair is defined as repair or replacement (parts and labor) of the Sunroof of a Settlement Class Vehicle to address a diagnosed condition of leakage and liquid ingress into the vehicle’s interior from the Sunroof while it was in the fully closed position with the sunroof glass not broken, cracked or otherwise damaged, and if applicable, to address a diagnosed condition of liquid damage to a Settlement Class Vehicle’s interior seats, carpets/floor mats, interior ceiling, and failure of electrical components, directly caused by a diagnosed condition of leakage and liquid ingress into the vehicle’s interior from said vehicle’s Sunroof while it was in the fully closed position with the sunroof glass not broken, cracked or otherwise damaged.

Table I: The following are the applicable percentages of coverage of the cost of a Covered Repair under the Warranty Extension and/or of the amount of reimbursem*nt for a past paid Covered Repair under the Reimbursem*nt provision. These percentages* are based upon the age and mileage of the vehicle at the time of said repair or replacement and the time/mileage durations of the particular Settlement Class Vehicle’s original NVLW:

* The percentages of coverage in the chart are subject to the following exception: If the Covered Repair occurs within a Settlement Class Vehicle’s original NVLW time/mileage period, then the percentage of coverage shall be 100%.

The Warranty Extension is subject to the same terms, conditions and limitations set forth in the Settlement Class Vehicle’s original NVLW and Warranty Information Booklet, except for its extension of the time/mileage duration of the original NVLWs pertaining to what is covered under the Warranty Extension.

The Warranty Extension does not apply if the need for the Covered Repair resulted from abuse, misuse, alteration or modification, a collision or crash, vandalism and/or other impact, failure to properly or fully close the Sunroof, broken, cracked or damaged Sunroof glass or other components, improper maintenance, and/or an outside source or factor including a prior repair performed by a non-dealer.

The warranty, as extended, is fully transferable to subsequent owners to the extent that its time or mileage limitation has not expired.

II.Reimbursem*nt of Certain Out-of-Pocket Expenses Paid for a Covered Repair Prior to the Notice Date and Within 7 Years or 80,000 Miles (Whichever Occurs First) from the Vehicle’s In-Service Date – Applicable to All Settlement Class Vehicles That Qualify

If a Settlement Class Member paid an out-of-pocket expense (that was not otherwise reimbursed) for the cost of a Covered Repair of a Settlement Class Vehicle prior to August 22, 2023* and within seven (7) years or eighty thousand (80,000) miles (whichever occurred first) from said vehicle’s In-Service Date, then the Settlement Class Member may, within the Claim Period, mail to the Settlement Claim Administrator a Claim for Reimbursem*nt (including all Proof of Repair Expense documentation) for a percentage of the paid invoice amount for said Covered Repair (parts and labor), limited to two (2) Covered Repairs per Settlement Class Vehicle during this period, with the percentage of reimbursem*nt being pursuant to the same percentage limits of coverage set forth in Table I above.

Reimbursem*nt under this Section is subject to the Limitations, Conditions and Claim requirementswhich are set forth below and in the Settlement Agreement, which can be found here.

III: Required Proof and Limitations

To qualify for reimbursem*nt of past paid and unreimbursed out-of-pocket expenses,Settlement Class Members must timely comply with the following requirements:

1. Any Claim for Reimbursem*nt must contain the required completed and signed Claim Form, a copy of which is enclosed with the Notice and also available here,together with Proof of Repair Expense, all required documentation and, if applicable, declaration(s), listed in the Claim Form.
   
2. The fully completed and signed Claim Form, together with all required documentation and declaration(s), must be mailed to the Settlement Claim Administrator by first class mail postmarked no later than October 23, 2023*.
   
3. If the claimant is not a person to whom the Claim Form was addressed, and/or the vehicle with respect to which a Claim is made is not the vehicle identified by VIN number on the mailed Claim Form, the Claim shall contain proof that the claimant is a Settlement Class Member, that the vehicle is a Settlement Class Vehicle, and that the Settlement Class Member paid for the repair for which reimbursem*nt is being sought under this Settlement.
   
4. Any reimbursem*nt shall be reduced by goodwill or other amount, or concession paid by an authorized AUDI dealer, any other entity (including insurers and providers of extended warranties or service contracts), or by any other source. If the Settlement Class Member received a free Covered Repair or was otherwise reimbursed the full amount for the Covered Repair, he/she/it will not be entitled to any reimbursem*nt.
   
5. A past paid Covered Repair shall not be eligible for, and shall be excluded from, reimbursem*nt if the Covered Repair resulted from abuse, misuse, alteration or modification, a collision or crash, vandalism and/or other impact, failure to properly or fully close the Sunroof, broken, cracked or damaged Sunroof glass or other components, improper maintenance, and/or an outside source or factor including a prior repair by a non-dealer.
   
6. If, within the Settlement Class Vehicle’s original NVLW time and mileage period, the past paid Covered Repair for which reimbursem*nt is sought was performed by a service entity or facility that is not an authorized Audi dealer, then the Settlement Class Member must also submit, together with the other proof and submission requirements set forth in the Notice, documentation (such as a written estimate or invoice), or if documents are not available after a good-faith effort to obtain them, a Declaration signed under penalty of perjury, confirming that the Settlement Class Member first attempted to have the Covered Repair performed by an authorized Audi dealer, but the dealer declined or was unable to perform the repair free of charge pursuant to the NVLW.

*If your Class Notice was mailed on September 28, 2023, your deadlines to exclude yourself, object, file a claim, or file a Notice of Intention to Appear will be different. Please refer to the Class Notice you received for the specific deadlines. If you have any questions, you can contact the Settlement Claim Administrator at 1-866-848-0947 or info@SunroofSettlement.com.