The ALTERNATIVE To CLASS ACTION Representation in Volkswagen and Audi “DieselGate” Cases
Individual Legal Representation For Select Purchasers and Lessors of Volkswagen and Audi TDI® Clean Diesel Vehicles
Can you answer these two questions?
- Did you purchase or lease a Volkswagen or Audi TDI® Clean Diesel vehicle from a dealership?
- Do you either (a) still own the vehicle or (b) did you sell it after September 18, 2015?
If your answers to both of these two questions is “yes,” please submit your information on our contact form on this page today.
What Do We Mean By “Individual Legal Representation”?
By “individual representation” we mean that our law firm will represent you personally and individually on your claim and we will not ask you to serve as a class representative in a class action representing the rights and interests of purchasers other than yourself.
Does Our “Individual Legal Representation” Prevent Participation In A Class Action Settlement Later?
Not necessarily. If you qualify for our representation in these cases, you are likely already covered by a “putative” class action as many have been filed nationwide and cover most purchasers of the TDI® Clean Diesel vehicles. At some point it is likely that you will have to choose whether to participate in a proposed class action settlement or to “opt out” (or exclude yourself) from the settlement. If you do choose to participate in the class action settlement over your Clean Diesel vehicle, we can help you evaluate and file your claim in the settlement. If you “opt out” of the settlement we can continue to represent you on your individual legal claim.
Why Does The Meyer Law Firm Not Want To Jump On The Class Action Bandwagon?
There’s an expression about class actions:
“Millions for lawyers and pennies for clients.”
Volkswagen has already set aside over $7 billion to deal with this enormous “dieselgate” problem, and settling a class action can help Volkswagen put this problem behind them. The reason for this is that usually any class member who does not “opt out” of a class action settlement releases any claims that could have been brought in the class action lawsuit. For a serious case of misconduct, a class action is often the most advantageous way of resolving the legal problem from the standpoint of a defendant. But a class action may not be the best solution for an individual client with strong claims, especially where fraud is involved.
We Question Whether A Class Action Is Right For Everyone In This Litigation.
Here’s a link to an article about class actions written by a lawyer you may want to read. We do not endorse the views of this author on everything nor do we believe that class actions are always bad but we do question whether a class action is best for everyone in this litigation.
What Are Some Advantages Of Individual Representation?
In a class action, a lawyer representing the class emphasizes all of the similarities among all the members of the class; sometimes this has the effect of minimizing the really good cases. We sincerely believe the really strong cases will generally be those where our client purchased the vehicle new from a dealer and owned it through at least September 18, 2015.
In addition, in a class action, the lawyer representing the class has a more difficult time asserting certain kinds of claims that require individual proof. For example, many courts have held that you cannot successfully bring a common-law fraud claim in a class action because fraud requires individual proof that each person relied on the false representation of the defendant.
Assuming we can prove the elements of fraud, we can successfully bring common-law fraud claims in individual lawsuits. This is historically much more difficult if not impossible in a class action.
In short, we believe there is a sub-group of purchasers (those who purchased new from a dealer and still owned it after September 18, 2015) who we would like to represent individually and who we believe will benefit from that representation.
List Of TDI® Clean Diesel Vehicles
Here is a list of the TDI® Clean Diesel vehicles in the United States that may contain “defeat devices”:
- 2009-2015 Volkswagen Jetta TDI®
- 2009-2014 Volkswagen Jetta SportWagen TDI®
- 2012-2015 Volkswagen Passat TDI®
- 2012-2015 Volkswagen Beetle and Beetle Convertible TDI®
- 2010-2015 Volkswagen Golf TDI®
- 2015 Volkswagen Golf SportWagen TDI®
- 2009-2015 Audi A3 2.0L TDI
How Can An Experienced Lawyer Or Attorney Help?
An experienced lawyer or attorney can provide you with legal advice concerning filing an individual lawsuit, monitoring deadlines, tracking proposed class action settlements and litigation, filing claims in a class action settlement and providing general legal advice.
Volkswagen and Audi Clean Diesel Recall Information
Please contact us if you would like to seek additional information concerning whether Volkswagen or Audi recalls these Clean Diesel vehicles and what your rights are should a recall take place and for any news update concerning a Clean Diesel recall.