Volkswagen and Audi Timing Chain Defect Class Action Lawsuit

If you are a Quebec resident who previously or currently owns or leases a Volkswagen or Audi vehicle affected by a timing chain defect, you may soon find yourself a Class Member of this new proposed Volkswagen Audi timing chain class action lawsuit Canada.

Defective Timing Chain in Certain Volkswagen and Audi Vehicles

The Quebec Volkswagen Audi class action lawsuit alleges that certain models have a timing chain defect that can cause engine damage or engine failure. According to the claim, the two automakers “wrongfully and intentionally concealed” the timing chain defect.

The timing chain system is comprised of the timing chain tensioner, timing chain, chain sprockets, guide rails, and tensioning rail.

The class action lawsuit Canada alleges that because of the defect, Class Members had to, or will have to, incur out-of-pocket expenses to repair or replace the timing chain.

The defect at issue is the timing chain system’s alleged propensity to premature failure.

The class action further alleges that Volkswagen and Audi illegally made false and misleading representations or omissions concerning the vehicles in questions, causing many consumers to unknowingly purchase or lease a defective vehicle.

In Quebec, consumers are protected by consumer protection laws, which establish legal warranties in favour of consumers. As such, car dealers, manufacturers and intermediaries are required to provide two key warranties: the warranty of fitness for purpose and the warranty of durability.

The warranty for fitness of purpose requires that goods, such as a car, must be fit for the purpose for which goods of that kind are ordinarily used, such as driving. The second key warranty, the warranty of durability, requires that goods must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use. However, such warranties cannot be fulfilled where a vehicle’s timing chain is defective, because the vehicle will not be able to be used properly, and the vehicle will not be durable.

Volkswagen Audi Class Action Lawsuit Settlement

In June 2020, courts in Quebec and Ontario approved a settlement for a similar timing chain class action lawsuit. Numerous Volkswagen and Audi vehicles are covered by the timing chain defect class action settlement, including several 2008-2014 Volkswagen and Audi vehicles with EA888 engines.

Under the terms of the timing chain defect settlement, the Volkswagen and Audi defendants have agreed to offer eligible Class Members an extended warranty and reimburse them for out-of-pocket expenses they incurred related to repair and/or replacement of the timing chain system and/or engine damage or failure related to the alleged defect.

What is a Timing Chain?

A timing chain keeps the movement of the components in the top half of a vehicle’s engine in synchronisation with those in the bottom half.

Newer vehicles are often equipped with timing chains, which largely replaced previous gear-driven timing systems, because they were lighter and more efficient. Timing chain systems are also said to have robustness and longer life expectancy.

Nevertheless, the timing chains in affected Volkswagen and Audi vehicles allegedly fail prematurely.

The Volkswagen Audi class action lawsuit alleges that the automakers were well aware of the timing chain defect, because they “secretly […] acknowledged the timing chain system defect by releasing several technical service bulletins describing the issue to their exclusive network of dealerships,” since 2010.

According to the class action lawsuit Canada, a properly functioning timing chain “is crucial to the safe and reliable operation” of vehicles.

Is Your Vehicle Defective?

The following Volkswagen and Audi vehicles containing 1.8L or 2.0L engines are covered by the timing chain class action:

• 2012-2014 VW Beetle;
• 2015-2018 VW Beetle;
• 2013-2014 VW Beetle Convertible;
• 2015-2017 VW Beetle Convertible;
• 2012 VW CC;
• 2013-2017 VW CC;
• 2012 VW Eos;
• 2013-2016 VW Eos;
• 2012 VW GTI;
• 2013-2018 VW GTI;
• 2015-2018 VW Jetta Sedan;
• 2012-2014 VW Jetta GLI;
• 2015-2018 VW Jetta GLI;
• 2014-2019 VW Passat Sedan;
• 2012-2013 VW Tiguan;
• 2014-2018 VW Tiguan;
• 2015-2018 VW Golf;
• 2012 Audi A3;
• 2013-2018 Audi A3;
• 2012-2013 Audi A4;
• 2014-2018 Audi A4;
• 2012-2013 Audi A5; – 2014-2018 Audi A5;
• 2012 Audi A6;
• 2013-2018 Audi A6;
• 2012 Audi TT;
• 2013-2018 Audi TT;
• 2012 Audi Q5;
• 2013-2018 Audi Q5; and
• 2015-2018 Audi Q3.

This class action lawsuit is seeking reimbursements for the purchase price or lease amounts by Class Members, compensatory damages, punitive damages as well as other reimbursements and damages.

Do you own or lease a defective Volkswagen or Audi vehicle? Share your story with us in the comments below!

Class Members are represented by Merchant Law Group LLP.

The Quebec Volkswagen Audi Class Action Lawsuit is Luc Barré v. Volkswagen Group Canada Inc., et al., Case No. 500-06-001092-200, in the Superior Court of Québec, Canada.

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