RE: [FONT="]VOLKSWAGEN “CLEAN DIESEL” MARKETING, SALES [/FONT]
[FONT="]PRACTICES, AND PRODUCTS LIABILITY LITIGATION [/FONT]
As a Class Member, I object to the settlement in [FONT="]VOLKSWAGEN “CLEAN DIESEL” MARKETING, SALES [/FONT]
[FONT="]PRACTICES, AND PRODUCTS LIABILITY LITIGATION, [/FONT]MDL No. 2672 CRB (JSC). I will address only the part of the settlement for original owners, as I am a member of that group.
I find the proposed settlements as I understand them:
[FONT="]Current original purchasers of affected Volkswagen 2.0L diesel are offered the following options for redress of fraudulent claims by Volkswagen and violations of EPA ‘Clean Air Act’ and CARB air standards the following[/FONT]
a. [FONT="]VW will at the owner’s discretion either buyback the vehicle at NADA ‘Clean Trade In’ plus remediation of 20% of the car value plus $2983.73.[/FONT]
b. [FONT="]Offer to fix the noncompliant vehicle at VW’s expense plus remediation of 20% of the car value plus $2983.73. Additional warranty of the fixed and affected parts to be applied. The approved fix would need to be completed before January, 2019.[/FONT]
c. [FONT="]Opt out of the Class Action Settlement any time before January 2019. Receiving neither compensation or a fix.[/FONT]
[FONT="]to be inadequate given that Volkswagen knowingly and freely admits to have committed a criminal act of fraud. This act was not a single one-time event, but a systematically attempt to deceive customers with marketing, technical sly of hand and outright lying. I believe that Volkswagen has breach the public trust.[/FONT]
[FONT="]I also believe that Volkswagen will ultimately benefit and profit from this settlement through warranty work and reselling of cars brought back to countries with less stringent environmental laws. Alternately they can part the cars out for resell to the aftermarket for repairs of their similar vehicles that will essentially cover the total cost of this settlement, thus making them whole at the expense of consumers.[/FONT]
[FONT="]In May 7, 2008. Toyota Motors offered to buy back vehicles that could not be repair to make them compliant for 1.5 times the suggest retail value (as calculate by Kelley Blue Book) as part of their settlement for a safety recall.
[/FONT] [FONT="]While this case is not necessarily about vehicle safety, it is about environmental safety and affects people way beyond just the vehicle owners affected. And as generally recognized, special damages should be award to victims for replacement of property to mitigate the cost of replacing our vehicles and the cost of operating a non-compliant vehicle.
[/FONT] [FONT="]Finally, punitive damages should be award to the claimants to deter Volkswagen from future fraudulent practices.
[/FONT] [FONT="]I would hope the Court would review the settlement and recommend the following adjustments.[/FONT]
1. [FONT="]Volkswagen will compensation owners of record as of September 15, 2015 the following[/FONT]
a. [FONT="]Full Kelley Blue Book Private sale price of their car considered in Excellent condition (including all options on the vehicle)[/FONT]
b. [FONT="]Punitive award of 50% of the Full Kelley Blue Book Private sale price of their car considered in Excellent condition (including all options on the vehicle).
[FONT="]Sincerely,[/FONT]
[/FONT]