On Feb. 16, 2017, Judge Charles Breyer also preliminarily approved a settlement reached between Robert Bosch GmbH and Robert Bosch LLC (Bosch) with counsel for the consumer class related to defeat device software the VW Defendants installed to bypass emissions standards in certain 2.0-liter and 3.0-liter diesel vehicles manufactured by Volkswagen, Audi and Porsche. The Bosch Settlement is part of litigation called In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No. 3:15-md-02672-CRB (MDL 2672), in the United States District Court for the Northern District of California. Claims against the Volkswagen, Audi and Porsche defendants also have recently settled (the “2.0-liter Class Action Settlement” and “3.0-liter Class Action Settlement”). The Bosch Settlement is in addition to the VW Settlements and the final approval hearing is set for both settlements on May 11, 2017.
The Bosch Settlement provides additional compensation to vehicle owners, former owners, lessees and former lessees, including reseller dealers who filed or will file approved claims in the VW Settlements. The Bosch Settlement also provides the opportunity for compensation to certain VW Class Members who opted out of or who are otherwise not participating in the VW Settlements.
2.0-LITER CLASS VEHICLES
• Volkswagen Jetta TDI 2009-2015
• Volkswagen Jetta SportWagen TDI 2009-2014
• Volkswagen Beetle TDI 2012-2015
• Volkswagen Beetle Convertible TDI 2012-2015
• Audi A3 TDI 2010-2015
• Volkswagen Golf TDI 2010-2015
• Volkswagen Golf SportWagen TDI 2015
• Volkswagen Passat TDI 2012-2015
3.0-LITER CLASS VEHICLES
• Volkswagen Touareg 2009-2016
• Audi Q7 2009-2015
• Audi A6 2014-2016
• Audi A7 2014-2016
• Audi A8, A8L 2014-2016
• Audi Q5 2014-2016
• Porsche Cayenne Diesel 2013-2016
Bosch will pay $327.5 million to resolve all claims of consumers and reseller dealers that are pending in the Clean Diesel Cases. Lawyers representing the class will seek attorneys’ fees of a maximum of 16 percent of the Bosch Settlement fund plus expenses, but the Court must approve any fees and expenses before they are paid.
Class members in the VW Settlements whose claims in those settlements are approved or will be approved in the future and who do not exclude themselves from this Bosch Settlement will automatically receive a cash payment by way of a check in the mail. Those who did not, and do not in the future, file a claim in either of the VW Settlements, including anyone who opted out of either or both of the VW Settlements or who did not timely register as an Eligible Seller in the 2.0-liter Class Action Settlement or Eligible Former Owner in the 3.0-liter Class Action Settlement, must file a separate claim form to receive a payment from this Bosch Settlement. The deadline for Eligible Sellers and Eligible Former Owners who did not file claims in the VW Settlements to file a claim form is May 1, 2017. The deadline for class members who opted out of the VW Settlements to file a claim form is Aug. 15, 2017.
The Federal Trade Commission (FTC) is an independent government agency whose mission is to prevent business practices that are anticompetitive, or deceptive or unfair to consumers. Acting as an independent third party to the litigation between Class Counsel and Bosch, the Commission’s counsel met with Bosch and directed an allocation of the Bosch Settlement fund among members of the Bosch Settlement Class that Commission counsel would recommend that the Commission accept. The FTC required that the parties accept its allocation. Bosch tendered a final offer consistent with this allocation and Class Counsel accepted that allocation.
• Persons eligible to participate in the 2.0-liter Class Action Settlement will receive a total of $163,267,450, to be shared among 2.0-liter Class Members as set forth below.
• Persons eligible to participate in the 3.0-liter Class Action Settlement will receive a total of $113,264,400, to be shared among 3.0-liter Class Members as set forth below.
The Bosch Settlement funds will be allocated to individual Class members as follows:
(i) An Eligible Owner of an Eligible Vehicle in the 2.0-liter Class Action Settlement will receive $350, except that if an Eligible Seller has identified himself or herself and filed an approved claim for the Eligible Vehicle, or if an Eligible Lessee has identified himself or or if an Eligible Lessee has identified himself or herself and filed an approved claim for the Eligible Vehicle, the Eligible Owner will receive $175.
(ii) An Eligible Seller in the 2.0-liter Class Action Settlement who has identified himself or herself and filed an approved claim will receive $175.
(iii) An Eligible Lessee in the 2.0-liter Class Action Settlement will receive $200.
(iv) An Eligible Owner of an Eligible Vehicle in the 3.0-liter Class Action Settlement will receive $1,500, with three exceptions:
1. If an Eligible Former Owner has identified himself or herself and filed an approved claim for the Eligible Vehicle in the 3.0-liter Class Action Settlement, the $1,500 payment will be split equally ($750 each) between the Eligible Owner and the Eligible Seller.
2. An Eligible Owner will also receive $750 if an Eligible Former Lessee has identified himself or herself and filed an approved claim for the Eligible Vehicle in the 3.0-liter Class Action Settlement.
3. If two Eligible Former Owners have identified themselves and filed approved claims for the Eligible Vehicle in the 3.0-liter Class Action Settlement, the $1,500 will be split among the Eligible Owner and the two Eligible Former Owners, with $750 going to the Eligible Owner and $375 each to the two Eligible Former Owners.
(v) An Eligible Lessee in the 3.0-liter Class Action Settlement will receive $1,200. The above payments are net payments to Class members. They will not be reduced by attorneys’ fees or expenses.
The entire Bosch Settlement fund, plus any interest, will be distributed over the course of the settlement process through a combination of one or more payments to Bosch Settlement Class members, and if approved by the Court, payment of attorneys’ fees and expenses from the settlement. The full details of the Bosch Settlement are available online at www.BoschVWSettlement.com. Beasley Allen lawyers Dee Miles, Archie Grubb and Clay Barnett are performing Plaintiffs Steering Committee duties on behalf of the claimants. If you need more information contact Clay at 800-898-2034 or by email at Clay.Barnett@beasleyallen.com.