As for the options:
2. Do Nothing is a very attractive option, but carries some significant risk.
Not so much… to you but if VW fails to get 85% of the affected models recalled (for destruction) then they will be fined $85,000,000 for each percent below that court mandated level of 85% !
YIKES !
Reference:
https://www.vwcourtsettlement.com/en/docs/Appendix A.pdf
6.1 Recall Rate Target. By no later than June 30, 2019, Settling Defendants shall remove from commerce in the United States and/or perform an Approved Emissions Modification on at least 85% of those 2.0 Liter Subject Vehicles that existed as of September 17, 2015, as defined below (“National Recall Target” for the “National Recall Rate”).
…
For purposes of this Paragraph, the total number of 2.0 Liter Subject Vehicles is 487,532 (499,406 vehicles less scrapped vehicles as of October 1, 2015 of 11,874). For purposes of this Paragraph, the total number of all 2.0 Liter Subject Vehicles registered in California is 70,814.
6.2 Approved Emissions Modification for Generation 3: N/A
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6.3 Consequences of Failing to Meet Recall Target. If, by June 30, 2019, Settling Defendants fail to achieve the 85% Recall Rate Targets required by Paragraph 6.1, Settling Defendants shall make additional contributions (“Mitigation Trust Payments”) to the Environmental Mitigation Trust established pursuant to Appendix D of this Consent Decree. Such additional Mitigation Trust Payments shall be as follows:
6.3.1. National Mitigation Trust Payment. For failure to reach the National Recall Target, Settling Defendant shall contribute to the Environmental Mitigation Trust $85,000,000 for each 1% that the National Recall Rate falls short of the National Recall Target. In calculating any payment required under this subparagraph, the National Recall Rate shall be rounded to the nearest half percentage point. Any payments to the Environmental Mitigation Trust made pursuant to this subparagraph shall be used pursuant to the terms of Appendix D exclusively to fund environmental mitigation projects outside California.
6.3.2. California Mitigation Trust Payment. For failure to reach the California Recall Target, Settling Defendant shall contribute to the Environmental Mitigation Trust $13,500,000 for each 1% that the California Recall Rate falls short of the California Recall Rate Target. In calculating any payment required under this subparagraph, the California Recall Rate shall be rounded to the nearest half percentage point. Any payments to the Environmental Mitigation Trust made pursuant to this subparagraph shall be used pursuant to the terms of Appendix D exclusively to fund environmental mitigation projects in California.
P.S. GSW w/ 6spd Manual avail. in 2017 MY