Are we automatically part of Class-Action Suit vs VW?

Or do we need to sign up?

I see few Law firm websites now asking VW owner to sign up and be part of the class action suit but also read somewhere that we are automatically part of the suit. Not sure if I should sign up or do nothing and wait for the offer from VW.


http://www.hbsslaw.com/General Pages/Volkswagen-Audi-Lawsuit-Owner-Resource-Hub

SilkBlueTDI said:

Or do we need to sign up?

I see few Law firm websites now asking VW owner to sign up and be part of the class action suit but also read somewhere that we are automatically part of the suit. Not sure if I should sign up or do nothing and wait for the offer from VW.


http://www.hbsslaw.com/General Pages/Volkswagen-Audi-Lawsuit-Owner-Resource-Hub

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I'm also confused by this. I gather that there's a difference between being a named plaintiff and simply being eligible for any restitution, so far everything I've read on class-action suits are not really clear on what needs to be done by eligible citizens. Nor does it help that there seem to be about 500 different suits.

I'm not really enraged enough to take legal action myself or even join a suit as a named plaintiff, but at the same time, if settlements are being paid out, i'd certainly like to know my entitlements.

You will need to join in one to be part of one... but some classaction suits will reach out to potential customers to have them join. Just wait...

Better call Saul!

At this point stay away. Class action suits are always lucrative for the plaintiffs' lawyers (and defense lawyers too). The problem is that you get what the "class" gets and that could simply be a free car wash at the dealers when all is said and done. Keep your options open now because the civil and criminal investigations are ongoing. Remember, VW is in a very bad place because they engaged in fraud when selling these cars because they didn't comply. Indeed, for those who purchased from 2014 onwards you have the situation of both VW and EPA knowing something was fishy about the TDI emissions, yet EPA failed to act and VW kept selling them as "clean diesels."

You don't need to "sign up" to be part of a class.

Once a judge certifies a "class" you are automatically part of it. If you fit within the judge's definition of who qualifies.

You DO have the choice to "opt out" of the "class" once there is a settlement, if you want to pursue suing on your own. (and they are required to send you a letter "notification" of that fact)

Otherwise, if you DON'T choose to "opt out" then you lose all ability to sue them yourself. (You "waived" your right to sue by "not opting out" of the class)

A lot of companies who face big problems like this, settle quickly with the first class action to be certified by a judge, because that makes them IMMUNE to all future lawsuits on that subject. (believe it or not) That's why there is such a rush for all these law firms to be first in line, because after there is a single judgment on the emissions scandal in one of the class actions being pursued, all of the other ones are not allowed (they are "barred") after that. None of the law firms want to be blocked out, they want to be THE ONE who get the goodies. Therefore, all these "hopeful" law firms are trying to get the largest group of "class members" so they are the ones picked to handle "THE" suit that will cover ALL "class members".

that's partly why these class actions are so common... the COMPANIES WANT THEM as a get out of jail free card.

KERMA said:

that's partly why these class actions are so common... the COMPANIES WANT THEM as a get out of jail free card.

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...and the other reason why they are so common is that the lawyers make lots of money. The actual participants in the "class" usually get very little, but the lawyers make big bucks. Their cut comes off the top, but the rest is split among thousands of people.

Have Fun!

Don

This will be a war of who is the last one standing. VW drag this out for yrs hoping the cars will just diminish in number so when the pay off comes their liability is way lower on fewer cars. It will probably work. Value of 8 and 9 yr old cars ,not so much.

About 15 years ago, I was unwittingly part of a class action suit against BJ's and MasterCard when they cancelled all BJ's branded credit card that did not carry revolving balances. My two settlement checks totaled 38¢.

Litigant, beware.

C C said:

About 15 years ago, I was unwittingly part of a class action suit against BJ's and MasterCard when they cancelled all BJ's branded credit card that did not carry revolving balances. My two settlement checks totaled 38¢.

Litigant, beware.

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I guess my wife got lucky. She got a settlement recently from a class action suit about her 2002 Honda Civic. She got a check for exactly $5.00. That was well worth over 10 years of litigation, wasn't it? It was for the lawyers.

Have Fun!

Don

To answer the OP no you are not part of any class action automatically. I
think you have to indicate you are allowing them to represent you.

If you google and wiki class action you will get the picture, it is great for l
lawyers and bad for the "class".

As stated above, it is not clear... THAT IS ON INTENTIONAL

Class action lawyers make it hard for you to give your input, meaning they
are free to do what they want, including making their own compensation
high, making special deals which favor them or select groups in the class.

gmcjetpilot said:

To answer the OP no you are not part of any class action automatically. I
think you have to indicate you are allowing them to represent you.

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wrong wrong wrong.

if a judge certifies a class and you fit the profile (bought a particular car for example) you are automatically included UNLESS you "opt out". (you are sent a letter letting you know you are automatically included in the class and given the choice to opt out, and non-response means you agree to be included)

that's just the way class actions work.

let's say a guy named Joe Blow is the one who hired the class action lawyer in the first place. He gets named first as the plaintiff, along with some verbiage like "all others similarly situated" or something along those lines. Then there is haggling between the attorneys to decide how to define the "class". Then they have to send everyone (that they can reasonably find) notification that voila they are part of the magic "class" and can opt out if they wish. (but not responding means you agree to be included, and if you have moved since you bought the car, well, too bad, they tried to find you by sending a letter to your last known address.)

Companies like these class actions. They WANT THEM because once they are finished, ALL FUTURE LAWSUITS ON THAT SUBJECT ARE BARRED. it is considered settled for EVERYONE in that situation (unless the opted out). In the end it's neat and tidy and companies like it when they get into trouble like VW faces.

I think what VW did will really be something that really is murky. What someone at VW did was figure out a less than upright way to comply with some really ridiculousness emission standards. In this country we account for something like 1% of the worlds pollution issues.

What should happen is that CARB and the EPA need to be reined in by us concerned citizens that do care about the environment but are just revolted about how CARB and the EPA have set set standards that have pretty close to zero effect on actually improving the environment yet cost car owners thousands of dollars in repairs to fix these emission systems that the standards require.

Class action lawsuit? No way. the lawyers will make millions on it and the damaged parties will make pennies on it. I would ask an honest lawyer if you could petition the court to opt out of the class action but retain your right to Tort damages.

Ol'Rattler said:

I would ask an honest lawyer if you could petition the court to opt out of the class action but retain your right to Tort damages.

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No need. Just file your own suit and when you get notified of a class action settlement, send back the little postcard they send you (in about 3-5 years ) indicating your desire to opt out.

Lex4TDI4Life said:

No need. Just file your own suit and when you get notified of a class action settlement, send back the little postcard they send you (in about 3-5 years ) indicating your desire to opt out.

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Well ya. the reason most folks get screwed by a class action lawsuit is that they don't do their do diligence to protect their legal rights.

Your rights to tort damages is completely independent of any clown, ripoff, scumbag lawyers class action lawsuit if you do your do diligence.

In this country, I have absolutely no clue as to why lawyers get paid at the rate they do. To interperate a law that should have been written so that a lay person can navigate? what friggen nonesense.

The problem is that laws are written by lawyers with the intend of keeping the lay person engaged with the legal system as long as possible so that lawyers can maximize their profits.

Seriously, laws should be understandable and navigatable by the lay person.

Almost forgot, did I mention how broken and how advisariable the legal system is to the common man?

It comes down to how the suit is written and the judges interpretation of said suit. I've have been contacted for some where I had to opt-in, while other I had to opt-out. Then there were a few where the checks that showed up and we celebrated by cashing the check and sharing an ice cream cone. Rarely enough funds so that we could each have our own.