A judge has reportedly approved a class action settlement over allegations Bosch designed and calibrated emissions cheating devices that were used in certain Volkswagen, Porsche and Audi vehicles.
In his Sept. 22 order, Justice Belobaba of the Ontario Superior Court of Justice declared that the proposed Bosch class action lawsuit settlement is “fair, reasonable and in the best interest of the Bosch Settlement Class.”
The deadline to object to or opt out of the Bosch emissions cheating class action settlement passed on Aug. 21.
Bosch Emissions Cheating Allegations
The Bosch emissions cheating class action lawsuit was originally filed in March 2016 by a group of plaintiffs who assert they paid a premium for their diesel-powered vehicles because they believed they were more efficient than gasoline-powered models. At the time they purchased their vehicles, they were allegedly unaware that they included a device designed to cheat emissions testing and make it appear as if they were “cleaner” than they really were.
According to the emissions cheating class action lawsuit, Bosch designed a device that enabled them to circumvent emissions standards instead of installing a more costly urea injection system that would trap nitric oxide (NOx) particles before they are released into the atmosphere.
The release of nitric oxide emissions reportedly contributes to certain environmental concerns including acid rain and ground level ozone. Exposure to nitric oxide reportedly contributes to certain health issues and poses a particular threat to the elderly, children and people with asthma.
This emissions cheating device would allegedly detect when a vehicle was undergoing emissions testing and would produce results that were compliant with the emissions standards.
“When not undergoing emissions testing, the Software reduced the effectiveness of the Vehicles’ emissions control systems, thereby increasing emissions, including NOx, which causes asthma, emphysema, bronchitis and other respiratory diseases,” the Bosch emissions cheating class action lawsuit says.
Bosch allegedly sold the defeat device software to Volkswagen, Audi, Porsche and other car makers who subsequently installed the software and marketed their vehicles as having superior fuel efficiency and being better for the environment than gasoline-powered vehicles.
Who is Included in the Bosch Emissions Class Action Settlement?
Class Members of the Bosch emissions class action settlement include people in Canada who either, as of Sept. 18, 2015, owned or leased certain 2L diesel powered vehicles or, as of Nov. 2, 2015, owned or leased certain 3L diesel powered vehicles.
Under the terms of the Bosch class action settlement, the following vehicles are classified as 2L vehicles:
- 2009-2015 Volkswagen Jetta
- 2009 Volkswagen Jetta Wagon
- 2010-2013 and 2015 Volkswagen Golf
- 2012-2015 Volkswagen Passat
- 2013-2015 Volkswagen Beetle
- 2010-2014 Volkswagen Golf Wagon
- 2015 Volkswagen Golf Sportswagon
- 2010-2013 and 2015 Audi A3
The following vehicles are classified as 3L vehicles according to the Bosch emissions class action settlement:
- 2014-2016 Audi A6
- 2014-2016 Audi A7
- 2014-2016 Audi A8
- 2014-2016 Audi A8L
- 2014-2016 Audi Q5
- 2009-2015 Audi Q7
- 2013-2016 Porsche Cayenne
- 2009-2016 Volkswagen Touareg
NOTE: Certain individuals are excluded from the Bosch emissions class action settlement.
Bosch Class Action Settlement Benefits
Under the terms of the Bosch cheat device settlement, eligible Class Members will be entitled to receive a payment of up to $2,500 per vehicle, depending on the type of vehicle they owned or leased, whether they received settlement benefits that had been made available to them previously, and whether they sold their eligible vehicles before the settlement pre-approval notice date (Jan. 4, 2017 for 2L vehicles and Jan. 17, 2018 for 3L vehicles).
According to the Bosch settlement documents, eligible 3L Gen 2 lessees, 2L sellers and 3L sellers will automatically receive a payment mailed to their last known contact information. Eligible 3L Gen 2 lessees will be eligible for a payment of $1,000 per vehicle for which they received a payment in the 3L settlement; eligible 2L sellers will receive $750 per vehicle for which they received a payment in the 2L settlement; and eligible 3L sellers will receive $2,500 per vehicle for which they received a payment in the 3L settlement.
Eligible 2L extended warranty claimants will be required to submit a claim for benefits before the extended warranty period to be eligible for payment of up to $500.
Top Class Actions will post the open settlement information and claim filing instructions once they become available. Click on the “Follow Article” at the top of this page to get the latest updates about the Bosch emissions cheating device class action settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.
Do you own any of the affected vehicles in this Bosch emissions cheating class action settlement? Will you join this class action lawsuit? Tell us your thoughts in the comments section below!
Class Members are represented by Charles Wright of Siskinds LLP and Luciana P. Brasil of Branch MacMaster LLP.
The Bosch Emissions Cheating Class Action Lawsuit is Matthew Robert Quenneville, et al. v. Robert Bosch GmbH, et al., Case No. CV-16-549639-00CP, in the Ontario Superior Court of Justice, Canada.
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