jibberjive
Veteran Member
So, when studying the differences in the languaging between the 2.0l and 3.0l settlements regarding the requirement for registration in the owners name, I noticed that they have rather curiously modified and deleted some of the references to the registration in the 3.0 settlement. I guess we'll never know until someone tries to turn in a 3.0 without any registration, but I think it might be possible to turn in a 3.0 vehicle without having to have registered it in your name first (which has some rather significant sales tax implications for the non-dealer carbitragers).
Anywho, after some more digging I found that, in spite of the 3.0 FAQ from the website having the same clause as the 2.0 website FAQ stating that it is necessary to have been the 'registered owner', the term 'registered owner' is conspicuously absent from the relevant clauses in the 3.0l agreement.
I'll quote and highlight the relevant clauses from the 2.0l and 3.0l settlement agreements:
2.0l Class Definition:
" 2.16. “Class” means, for purposes of this Class Action Settlement only, a nationwide class of all persons (including individuals and entities) who, on September 18, 2015, were registered owners or lessees of, or, in the case of Non-Volkswagen Dealers, held title to or held by bill of sale dated on or before September 18, 2015, a Volkswagen or Audi 2.0-liter TDI vehicle in the United States or its territories (an “Eligible Vehicle,” defined more fully in Section 2.33), or who, between September 18, 2015, and the end of the Claim Period, become a registered owner of, or, in the case of Non-Volkswagen Dealers, hold title to or hold by bill of sale dated after September 18, 2015, but before the end of the Claims Period, an Eligible Vehicle in the United States or its territories ..."
3.0l Class Definition:
"2.23. “Class” means, for purposes of this 3.0-liter Class Action Settlement only, a nationwide class, including Puerto Rico, of all persons (this includes individuals who are United States citizens, residents, United States military, diplomatic personnel and employees living or stationed overseas, as well as entities) who, (1) at any time between September 18, 2015 and November 2, 2015, inclusive, owned or leased a Volkswagen, Audi, or Porsche 3.0-liter TDI vehicle in the United States or its territories (an “Eligible Vehicle,” defined more fully in Section 2.40); or who (2) between November 3, 2015 and the Claim Submission Deadline for Eligible Owners and Lessees, inclusive, become the owner of an Eligible Vehicle in the United States or its territories; or who (3) own an Eligible Vehicle in the United States or its territories at the time of participation in the 3.0-liter Class Action Settlement Program. The Class includes Non-Authorized Dealers who otherwise meet the definition of the Class. ..."
2.0l Eligible Owner Definition:
"2.30. “Eligible Owner” means the registered owner or owners of an Eligible Vehicle on June 28, 2016, or the registered owner or owners who acquire an Eligible Vehicle after June 28, 2016, but before the end of the Claim Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. as of September 18, 2015, and purchased an Eligible Vehicle previously leased by that owner after June 28, 2016, shall be an Eligible Lessee. A Non-Volkswagen Dealer who, on or after June 28, 2016, holds title to or holds by bill of sale an Eligible Vehicle in the United States or its territories shall qualify as an Eligible Owner regardless of whether that Non-Volkswagen Dealer is registered as the owner of the Eligible Vehicle, provided that the Non-Volkswagen Dealer otherwise meets the definition of Eligible Owner."
3.0l Eligible Owner Definition:
"2.39. “Eligible Owner” means the owner or owners of an Eligible Vehicle on September 18, 2015, or the owner or owners who acquire an Eligible Vehicle after September 18, 2015, but before the end of the Settlement Benefit Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. (Generation One vehicles) or VW Credit, Inc. or Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or November 2, 2015, and purchased that previously leased Eligible Vehicle off lease after January 31, 2017, shall be an Eligible Lessee."
I think that this was intentionally changed for the 3.0 agreement, and I am not sure that one needs to be the "registered owner" with the 3.0 cars. Potentially just need to prove ownership (which, I think a title and bill of sale may).
Thoughts?
Anywho, after some more digging I found that, in spite of the 3.0 FAQ from the website having the same clause as the 2.0 website FAQ stating that it is necessary to have been the 'registered owner', the term 'registered owner' is conspicuously absent from the relevant clauses in the 3.0l agreement.
I'll quote and highlight the relevant clauses from the 2.0l and 3.0l settlement agreements:
2.0l Class Definition:
" 2.16. “Class” means, for purposes of this Class Action Settlement only, a nationwide class of all persons (including individuals and entities) who, on September 18, 2015, were registered owners or lessees of, or, in the case of Non-Volkswagen Dealers, held title to or held by bill of sale dated on or before September 18, 2015, a Volkswagen or Audi 2.0-liter TDI vehicle in the United States or its territories (an “Eligible Vehicle,” defined more fully in Section 2.33), or who, between September 18, 2015, and the end of the Claim Period, become a registered owner of, or, in the case of Non-Volkswagen Dealers, hold title to or hold by bill of sale dated after September 18, 2015, but before the end of the Claims Period, an Eligible Vehicle in the United States or its territories ..."
3.0l Class Definition:
"2.23. “Class” means, for purposes of this 3.0-liter Class Action Settlement only, a nationwide class, including Puerto Rico, of all persons (this includes individuals who are United States citizens, residents, United States military, diplomatic personnel and employees living or stationed overseas, as well as entities) who, (1) at any time between September 18, 2015 and November 2, 2015, inclusive, owned or leased a Volkswagen, Audi, or Porsche 3.0-liter TDI vehicle in the United States or its territories (an “Eligible Vehicle,” defined more fully in Section 2.40); or who (2) between November 3, 2015 and the Claim Submission Deadline for Eligible Owners and Lessees, inclusive, become the owner of an Eligible Vehicle in the United States or its territories; or who (3) own an Eligible Vehicle in the United States or its territories at the time of participation in the 3.0-liter Class Action Settlement Program. The Class includes Non-Authorized Dealers who otherwise meet the definition of the Class. ..."
2.0l Eligible Owner Definition:
"2.30. “Eligible Owner” means the registered owner or owners of an Eligible Vehicle on June 28, 2016, or the registered owner or owners who acquire an Eligible Vehicle after June 28, 2016, but before the end of the Claim Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. as of September 18, 2015, and purchased an Eligible Vehicle previously leased by that owner after June 28, 2016, shall be an Eligible Lessee. A Non-Volkswagen Dealer who, on or after June 28, 2016, holds title to or holds by bill of sale an Eligible Vehicle in the United States or its territories shall qualify as an Eligible Owner regardless of whether that Non-Volkswagen Dealer is registered as the owner of the Eligible Vehicle, provided that the Non-Volkswagen Dealer otherwise meets the definition of Eligible Owner."
3.0l Eligible Owner Definition:
"2.39. “Eligible Owner” means the owner or owners of an Eligible Vehicle on September 18, 2015, or the owner or owners who acquire an Eligible Vehicle after September 18, 2015, but before the end of the Settlement Benefit Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. (Generation One vehicles) or VW Credit, Inc. or Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or November 2, 2015, and purchased that previously leased Eligible Vehicle off lease after January 31, 2017, shall be an Eligible Lessee."
I think that this was intentionally changed for the 3.0 agreement, and I am not sure that one needs to be the "registered owner" with the 3.0 cars. Potentially just need to prove ownership (which, I think a title and bill of sale may).
Thoughts?
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