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Dieselgate - VW Group Emission Scandal Discussion around the VW Dieselgate Emissions scandal. Details and news updates can be viewed here: http://forums.tdiclub.com/showthread.php?goto=newpost&t=448336 This forum is a work in progress depending on requirements, usage, etc.

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Old May 12th, 2017, 02:49   #1
jibberjive
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Default Option to opt out for those who bought after the 'opt out' deadline?

So say someone buys an eligible car today, and thus becomes an 'eligible owner' and 'class member'. Say VW does something that is against the settlement agreement and denies a settlement claim. According to the settlement (going off of memory here, as I haven't read this part of the settlement for a while), that person can file an appeal with the Claims Committee (or whatever), but otherwise VW's decision is final. People who didn't opt out waived their right to sue with outside counsel, and they agreed to accept the committee's decision in the case of an appeal.

But what about the case of someone who bought the car after the opt out deadline. Could they still sue, since they are a class member that didn't have the opportunity to opt out before the deadline (since they didn't own the car)?
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Old May 12th, 2017, 03:50   #2
DanB36
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Someone who bought after the original opt-out deadline has a limited window after purchase (I think it's six weeks, but I could be wrong) to opt out of the settlement.
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Old May 12th, 2017, 04:02   #3
jibberjive
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Quote:
Originally Posted by DanB36 View Post
Someone who bought after the original opt-out deadline has a limited window after purchase (I think it's six weeks, but I could be wrong) to opt out of the settlement.
Do you by chance have a link to where you saw anything referencing this?
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Old May 12th, 2017, 04:11   #4
jibberjive
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Also, any idea at which point in the buyback process you officially waive your right to 'opt-out'?

I'm pretty sure there isn't any language up until getting the buyback estimate that says that if you proceed you waive your right to opt out. Maybe after that in the process?

I wonder what would happen in the case that, like the hypothetical case above, someone buys a car right now, immediately files for a buyback, gets rejected (all within, say, 2 weeks of purchase), since it is still within 6 weeks since purchase, would they then still be able to sue individually, or is there some legal agreement in the buyback process that you have to agree to 'opt in' before they let you fully proceed with the buyback submission?
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Old May 12th, 2017, 04:27   #5
DanB36
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Quote:
Originally Posted by jibberjive View Post
Also, any idea at which point in the buyback process you officially waive your right to 'opt-out'?
It's a time thing. If you owned your car by 6/28/16, the right to opt out is waived if you didn't do it before (IIRC) 9/16/16. It's all in the settlement documents on vwcourtsettlement.com.
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Old May 12th, 2017, 04:40   #6
jibberjive
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Quote:
Originally Posted by DanB36 View Post
It's a time thing. If you owned your car by 6/28/16, the right to opt out is waived if you didn't do it before (IIRC) 9/16/16. It's all in the settlement documents on vwcourtsettlement.com.
I'm talking strictly about the unique case where someone buys a car today or tomorrow, and attempts to file for a buyback right away. The question is for that specific scenario.

Is there a point in the buyback submission process where there is a disclosure that says, 'by clicking submit you waive your right to opt out of the class action settlement terms etc.'?

Edit: I misread 'It is a time thing' as 'It is the same thing.'
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Old May 12th, 2017, 04:46   #7
jibberjive
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Quote:
Originally Posted by DanB36 View Post
Someone who bought after the original opt-out deadline has a limited window after purchase (I think it's six weeks, but I could be wrong) to opt out of the settlement.
Found my answer to this one in the long form notice, it's 30 days after purchase.

Still curious if there is anything in the buyback process that waives your right to opt out though, even before the 30 days are up.
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