Welcome to the Official Settlement Website
A PROPOSED $4,950,000 FUEL CONSUMPTION SETTLEMENT HAS BEEN REACHED IN CANADA FOR ELIGIBLE 2013-2017 GASOLINE AUDI, BENTLEY, PORSCHE AND VOLKSWAGEN VEHICLES
The proposed Settlement concerns the model year 2013-2017 Audi, Bentley, Porsche and Volkswagen gasoline-powered vehicles listed below that were originally sold or leased in Canada (the “Eligible Vehicles”). It is a resolution of consumer class actions alleging that the Eligible Vehicles are equipped with software that sometimes optimizes fuel consumption and CO2 emissions during testing but not under normal driving conditions.
The Settlement must be approved by the Courts to become effective. The settlement approval hearings for the Ontario Action will take place on December 14, 2020 at 10:00 A.M. EST by video conference. The settlement approval hearings for the Quebec Action will take place on December 15, 2020 at 9:00 A.M. EST, also by video conference.
Because of the Covid-19 pandemic, the Court hearings in these matters will, as set out above, be held by video conference. You can, but are not required to, observe the hearing virtually using a computer adequately connected to the video conferencing system used by the courts. Please contact Class Counsel for further instructions on how to observe the hearing by sending an email to [email protected] (National Class) or to [email protected] (Quebec Class).
You may be a Class Member included in the Settlement if:
- You (whether an individual or entity) are a resident in Canada or the United States; AND
- On or before October 5, 2020, one of the following applies:
- You own or previously owned an Eligible Vehicle; OR
- You lease or previously leased an Eligible Vehicle from Volkswagen Finance, Audi Finance or Porsche Financial Services Canada (including Bentley Financial Services Canada).
The Settlement will, if approved by the courts, provide compensation to Class Members for additional fuel costs. The compensation received by Class Members would be paid out of the funds remaining from the $4,950,000 Settlement proceeds after deducting the court-approved legal fees and disbursements (including taxes) of Class Counsel, the costs of administering and distributing the Settlement, and amounts owing to Ontario’s Class Proceedings Fund.
Compensation from the Settlement will be paid out to Class Members proportionately based on the number of participating Class Members up to the amount of the Maximum Per Vehicle Payments, which can be viewed here. The Maximum Per Vehicle Payments provide compensation for additional fuel costs covering 96 months from the Eligible Vehicles’ in-service date. Because of the proportionate distribution, it is not possible to estimate the individual payments to Class Members until all of the claims have been received and reviewed.
What Are the Options for Class Members?
- Do nothing at this time: If you wish to make a claim for benefits under the Settlement, you do not need to take any action at this time. The claims program will start after the Settlement receives court approval. The claims program will be open for 4 months and begin no earlier than January 2021.
- Support or Object to the proposed Settlement by December 4, 2020: Class Members may, but are not required to, submit a form advising whether they support or object to the proposed Settlement for consideration by the courts. To explain why you support or object to the Settlement (including the $4,950,000 settlement proceeds and the distribution of those proceeds), please complete the Support/Object Form available here and upload it to the site or mail it to Fuel Consumption Settlement, c/o RicePoint Administration Inc., P.O. Box 4454, Toronto Station A, 25 The Esplanade, Toronto, ON M5W 4B1 postmarked by December 4, 2020.
- Exclude yourself (opt out) by December 4, 2020: Class Members who exclude themselves from the class actions will not be bound by the Settlement or be able to share in its proceeds, but will retain their legal rights to bring their own legal proceeding. To opt-out, please complete the Opt-Out Form available here and upload it to the site or mail it to Fuel Consumption Settlement, c/o RicePoint Administration Inc., P.O. Box 4454, Toronto Station A, 25 The Esplanade, Toronto, ON M5W 4B1 postmarked by December 4, 2020. Class Members who reside in Québec must also send the Opt Out Form to the Clerk of the Superior Court of Quebec, Palais de Justice, 1, Notre-Dame Street East, Montreal (Quebec) H2Y 1B6,Court file No. 500-06-000828-166.
Unless they opt out, Class Members will be bound by the Settlement if approved by the courts, including the distribution of the Settlement proceeds. Class Members will need to submit a claim with proof of their ownership and/or lease of an Eligible Vehicle to receive a payment. The claims program will be open for 4 months and begin no earlier than January 2021. Please check back on this website closer to this time for details for when and how to submit a claim.
Eligible Vehicles
|
Make |
Model |
Engine |
Model Year(s) |
|
Audi |
A8L |
6.3L |
2013, 2015-2016 |
|
Audi |
RS7 |
4L |
2014-2016 |
|
Audi |
S8 |
4L |
2013-2014, 2016 |
|
Bentley |
Continental GT |
4L |
2013-2017 |
|
Bentley |
Continental GTC |
4L |
2013-2014 |
|
Bentley |
Continental GT Convertible |
4L |
2015-2017 |
|
Bentley |
Flying Spur |
6L |
2014-2016 |
|
Bentley |
Flying Spur |
4L |
2015-2016 |
|
Porsche |
Cayenne |
3.6L |
2013-2014, 2016 |
|
Porsche |
Cayenne GTS |
4.8L |
2013-2014 |
|
Porsche |
Cayenne GTS |
3.6L |
2016 |
|
Porsche |
Cayenne S |
4.8L |
2013-2014 |
|
Porsche |
Cayenne S |
3.6L |
2015-2016 |
|
Porsche |
Cayenne Turbo S |
4.8L |
2014 |
|
Volkswagen |
Touareg |
3.6L |
2013-2016 |
PLEASE DO NOT CONTACT AUDI, BENTLEY, PORSCHE, VOLKSWAGEN OR THE COURTS FOR INFORMATION.