The proposed settlement does NOTHING to compensate owners for the fraud and deception that VW perpetrated on them, UNLESS they are willing to give up their car in its current form (buyback now, 'fix', if one is ever approved, or buyback later). The settlement as it is proposed therefore completely fails to meet the goal stated in its first sentence: ”The goal of the Volkswagen Class Settlement Program is to compensate everyone who owned or leased a Volkswagen or Audi 2.0-liter TDI vehicle (”Eligible Vehicle”) on September 18, 2015 (the date the emissions allegations became public), or who now owns an eligible vehicle. ”
I urge every owner to use the comment period and voice their opposition to the deal as currently proposed.
VW Owner: "Judge, I oppose the settlement."
Judge: "Why do you oppose the settlement?"
VW Owner: "The settlement is a fraud. It does nothing, contrary to the stated goal of the settlement, to compensate the owner for the fraud and deception perpetrated by VW on the unsuspecting buyer of an affected VW."
Judge: "O.K. Tell me what I should do."
VW Owner: "I don't know...That's your job."
Judge: "Tell me what you consider to be a fair settlement."
VW Owner: "That's your job."
Judge: "How does the proposed settlement fail to compensate you?"
VW Owner: "That's your job to know that."
Judge: "You can opt-out of the settlement and pursue whatever claims you feel you have directly against VW on your own."
VW Owner: "The only way I get anything out of the settlement is if I turn the car in or agree to have it fixed. If I choose to keep the car and not have it fixed, I get nothing."
Judge: "If you keep the car and choose not to have it fixed, it is not clear to me what harm has been inflicted upon you that requires you be compensated."
VW Owner: "I should be allowed to keep the car if I want to, and receive compensation."
Judge: "So, are you trying to tell me that the settlement should allow you to keep and drive a car that you now know pollutes excessively, and VW should compensate you for knowingly driving a car that pollutes excessively?"
VW Owner: "Yes, that seems fair to me."
Judge: "Well, it seems to me that the terms of the settlement does in fact compensate you for keeping and continuing to drive a car that you know pollutes excessively. If VW does not meet the goal of buy back or fixing at least 85% of the affected vehicles, VW is subject to additional penalties. To avoid those penalties, VW may offer you more money than the settlement provides in order to avoid penalties. Of course, there is no guarantee that if you go that route that you will get anything other than to keep the car. It's your job to know what works best for you."
VW Owner: " I don't think the settlement compensates me if I decide to keep the car and not have it fixed."
Judge: "It does provide compensation to you no matter what you decide to do. You have to decide for yourself which option provides you with the best form of compensation."
VW Owner: "No, my job is to tell other people what they should think and feel. Your job is to agree with me. After all, no one else agrees with me"
Judge: "Is that all?"
VW Owner: "No, it's just the beginning..."