Gjonbalaj, et al. v. Volkswagen Group of America, Inc., et al.
Sunroof Class Action Settlement
Case No. 2:19-cv-7165

Welcome to the Volkswagen Group of America Settlement Website

If you currently or previously owned or leased a vehicle listed below, you may be entitled to benefits afforded by a class action settlement.

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 Audi E-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 reimbursement for a past paid Covered Repair under the Reimbursement 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:

Time from In-Service Date Up to 36,000 Miles 36,001 - 50,000 Miles 50,001 - 72,000 Miles 72,001 - 80,000 Miles

3 Years or Less

100%

100%

80%

60%

3-4 Years

100%

100%

75%

60%

4-5 Years

85%

80%

70%

60%

5-6 Years

75%

70%

65%

60%

6-7 Years

60%

50%

40%

35%

 

* 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.  Reimbursement 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 Reimbursement (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 reimbursement being pursuant to the same percentage limits of coverage set forth in Table I above.

Reimbursement under this Section is subject to the Limitations, Conditions and Claim requirements which are set forth below and in the Settlement Agreement, which can be found here

III:  Required Proof and Limitations

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

  1. Any Claim for Reimbursement 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 reimbursement is being sought under this Settlement.
     
  4. Any reimbursement 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 reimbursement.
     
  5. A past paid Covered Repair shall not be eligible for, and shall be excluded from, reimbursement 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 reimbursement 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.

YOUR LEGAL RIGHTS AND OPTIONS

These rights and options—and the deadlines to exercise them—are explained in the Notice. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.

Option Event
DO NOTHING If you do nothing, you will be bound by the Settlement if the Court approves it, including all orders, judgments and the release of claims set forth in the Settlement.
 
SUBMIT A CLAIM FORM
October 23, 2023*
To submit a Claim for Reimbursement, you must do the following before the October 23, 2023* deadline:
  1. Complete, sign under penalty of perjury, and date a Claim Form (there is one enclosed with the Class Notice that was mailed to Settlement Class Members, and you can also download one here). It is recommended that you keep a copy of the completed Claim Form; and
     
  2. Mail the completed, signed, and dated Claim Form, together with your supporting documentation (i.e., repair record[s], receipts, proof of payment, etc.) by first-class mail to the Settlement Claim Administrator, at the address provided on the Claim Form, postmarked no later than October 23, 2023*. The information that must be reflected in your records is described on the Claim Form. It is recommended that you keep a copy of your records and receipts.  Please note that we do not accept online claim forms.
If you are eligible for reimbursement benefits under the Settlement but fail to submit the completed Claim Form and supporting documents by the required deadline, you will not receive a reimbursement.
 
EXCLUDE YOURSELF
September 21, 2023*
You have a right, if you so desire, to exclude yourself from this Settlement. To exclude yourself from the Settlement, you must mail a written Request for Exclusion, by the deadline below, stating clearly that you want to be excluded from the Settlement. You must include in the Request for Exclusion your full name, address, telephone number; the model, model year and VIN of the Settlement Class Vehicle; a statement that you are a present or former owner or lessee of a Settlement Class Vehicle; and specifically and unambiguously state your desire to be excluded from the Settlement Class. You must mail your Request for Exclusion to the Settlement Claim Administrator, Class Counsel, and Defense Counsel, postmarked no later than September 21, 2023*.
 
OBJECT TO THE SETTLEMENT
September 21, 2023*
If you are a member of the Settlement Class and do not request to be excluded, you can tell the Court you like the Settlement and it should be approved, or you can ask the Court to deny approval by submitting a written objection. You can object to the Settlement and/or to Class Counsel’s requests for Fees and Expenses and Settlement Class Representative service awards. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval of the Settlement, no settlement payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object on a timely basis. You are not required to submit anything to the Court unless you are objecting or wish to be excluded from the Settlement.

To object to or comment on the Settlement, you must file your objection or comment to the Court by filing them in person no later than September 21, 2023* or by first-class mail postmarked no later than September 21, 2023*.
 
ATTEND THE APPROVAL HEARING
December 5, 2023 at 3:30 p.m. (EST)
If you do not exclude yourself, you may speak at the Final Fairness Hearing concerning the proposed Settlement or the application of Class Counsel for Fees and Expenses and Settlement Class Representative service awards. In order to appear at the Final Fairness Hearing, you must file a Notice of Intention to Appear at the Final Fairness Hearing on or before September 21, 2023*, including copies of any papers, exhibits or other evidence and any witnesses you intend to present at the Final Fairness Hearing, if any. If you do not file a Notice of Intention to Appear at the Final Fairness Hearing within that deadline, you will waive your right to appear at the hearing. This settlement website will indicate whether the Final Fairness Hearing will be held in person or remotely. You cannot speak at the Final Fairness Hearing if you excluded yourself from the Settlement.
 

*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.

For More Information

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

Mail
Gjonbalaj v. Volkswagen Group of America
c/o JND Legal Administration
PO Box 91101
Seattle, WA 98111