FAQs


Basic Information

A federal court authorized the Class Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about your rights and options before the Court decides whether to grant final approval of the Settlement.

According to records, you are a current or past owner or lessee of one of the following Audi vehicles that were imported and distributed by Volkswagen Group of America, Inc. (“VWGoA”) in the United States or Puerto Rico (hereinafter, collectively, “Settlement Class Vehicles”):

  • any model year 2018 through 2021 Audi Q5 or SQ5;
  • any model year 2021 Audi Q5 Sportback or SQ5 Sportback;
  • certain specified model year 2022 Audi Q5, SQ5, Q5 Sportback, or SQ5 Sportback;
  • certain specified model year 2021 or 2022 Audi RS 6 Avant or RS 7;  and
  • certain specified model year 2019 through 2022 Audi A6 or A7 vehicles.

The specific covered vehicles are listed by Vehicle Identification Numbers (VINs) and may be confirmed by using the VIN Lookup Tool on this website.

As a current or past owner or lessee of a Settlement Class Vehicle, you are considered a “Settlement Class Member.”

The Lawsuit claims that the Gateway Control Modules in Settlement Class Vehicles may potentially malfunction if exposed to liquid ingress or intrusion from certain alleged sources. Defendant VWGoA maintains that the Settlement Class Vehicles and their Gateway Control Modules are not defective, that they function in a proper manner, and that no applicable warranties were breached nor were any statutes violated.

The Court has not decided in favor of either party. Instead, the Lawsuit has been resolved through a Class Settlement under which the following benefits will be provided:

        I. Reimbursement for Past Unreimbursed Out-of-Pocket Expenses for a Qualifying Covered Repair of an Audi Q5, SQ5, Q5 Sportback or SQ5 Sportback Settlement Class Vehicle That Was Paid Prior to March 21, 2023

Settlement Class Members may be entitled to reimbursement for certain unreimbursed out-of-pocket expenses that were incurred and paid, prior to March 21, 2023, for the repair or replacement of the Gateway Control Module of an Audi Q5, SQ5, Q5 Sportback or SQ5 Sportback Settlement Class Vehicle based upon a diagnosed condition of failure or malfunction of the Gateway Control Module resulting from liquid ingress or intrusion (“Covered Repair”), subject to certain proof requirements set forth in the Claim Form and limitations discussed below.  If the Covered Repair was performed on or after March 18, 2022, then in order to qualify for reimbursement, the Settlement Class Member must also submit proof that either (a) Recall 90S9* was performed on the vehicle prior to the Covered Repair; or (b) the Settlement Class Member was not notified of Recall 90S9 prior to the Covered Repair and that VWGoA’s/Audi of America, Inc.’s records do not show otherwise.  Reimbursement may be provided of the full amount (100%) of the paid invoice cost for the repair or replacement of the Gateway Control Module (parts and labor) of the Settlement Class Vehicle, subject to proof requirements set forth in the Claim Form, and limitations discussed in Section III below. 

* Recall 90S9 entitled “Gateway Control Module” is applicable to the Audi Q5, SQ5, Q5 Sportback or SQ5 Sportback Settlement Class Vehicles and was issued on January 18, 2022.

However, if the Covered Repair was performed by a service entity or facility that is not an authorized Audi dealer, the Settlement Class Member must also submit documentation (such as a written estimate or invoice), or if documents are not available after a good-faith effort to obtain them, a declaration signed under penalty of perjury, confirming that the Settlement Class Member first attempted to have the Covered Repair performed by an authorized Audi dealer, but the dealer declined or was unable to perform the repair free of charge.  A form declaration is available in the “Important Documents” section of this website. 

In addition, reimbursement for a Covered Repair performed by a service entity or facility that is not an authorized Audi dealer shall not exceed a maximum reimbursement amount (parts and labor) of $1,450.00.

         II. Reimbursement for Past Unreimbursed Out-of-Pocket Expenses for a Qualifying Covered Repair of an Audi S6, S7, A6 Allroad, RS 6 Avant, RS 7, A6 sedan or A7 Settlement Class Vehicle That Was Paid for Prior to March 21, 2023.

Settlement Class Members may be entitled to reimbursement for certain unreimbursed out-of-pocket expenses that were incurred and paid, prior to March 21, 2023, for the repair or replacement of the Gateway Control Module of an Audi S6, S7, A6 Allroad, RS 6 Avant, RS 7, A6 sedan or A7 Sportback Settlement Class Vehicle based upon a diagnosed condition of failure or malfunction of the Gateway Control Module resulting from liquid ingress or intrusion (“Covered Repair”), subject to certain proof requirements set forth in the Claim Form and limitations discussed below.  Reimbursement may be provided of the full amount (100%) of the paid invoice cost for the repair or replacement of the Gateway Control Module (parts and labor) of the Settlement Class Vehicle, subject to proof requirements set forth in the Claim Form, and limitations discussed in Section III below.

However, if the Covered Repair was performed by a service entity or facility that is not an authorized Audi dealer, the Settlement Class Member must also submit documentation (such as a written estimate or invoice), or if documents are not available after a good-faith effort to obtain them, a declaration signed under penalty of perjury, confirming that the Settlement Class Member first attempted to have the Covered Repair performed by an authorized Audi dealer, but the dealer declined or was unable to perform the repair free of charge.  A form declaration is available in the “Important Documents” section of this website. 

In addition, reimbursement for a Covered Repair performed by a service entity or facility that is not an authorized Audi dealer shall not exceed a maximum reimbursement amount (parts and labor) of $1,450.00.

        III. Requirements for and Limitations on Entitlement to Reimbursements Set Forth in Sections I and II Above.

To qualify for reimbursement of past paid and unreimbursed out-of-pocket expenses for a Covered Repair as provided in Section I or II above, Settlement Class Members must timely comply with the following requirements:

   (A)    Any Claim for Reimbursement must contain the required completed and signed Claim Form, a copy of which was attached to the Class Notice and also available at the “Important Documents” page of this website together with all required documentation and Declaration(s) listed in the Claim Form.

   (B)    The fully completed and signed Claim Form, together with all required documentation and Declaration(s), must be mailed to the Claim Administrator by first class mail post-marked no later than June 14, 2023.

   (C)     Any damage to or malfunction of the Gateway Control Module resulting from misuse, abuse, accident or crash, improper operation, lack of or improper maintenance, and/or damage from an external source, does not qualify for reimbursement, with the exception of unintentional spillage of liquid inside the vehicle which directly caused a failure of the Gateway Control Module.

   (D)     If the claimant is not a person to whom the Claim Form was addressed, and/or the vehicle with respect to which a Claim is made is not the vehicle identified by VIN number on the mailed Claim Form, the Claim shall contain proof that the claimant is a Settlement Class Member, that the vehicle is a Settlement Class Vehicle, and that the Settlement Class Member paid for the Covered Repair for which reimbursement is being sought.

   (E)     Each Claim for Reimbursement shall include, in the Claim Form, a statement that the Settlement Class Member has not previously been reimbursed, and that no payment, concession or goodwill accommodation or discount(s) were received from any source, for all or part of the out-of-pocket expense for which reimbursement is being sought under this Settlement, or if full or partial reimbursement was previously received, delineate the amount of the payment received and from whom/what source it was received.

   (F)     Any reimbursement pursuant to this Settlement shall be reduced by the amount of any payment, concession, or goodwill accommodation or discount(s) already received, from any other source (including VWGoA/Audi of America, Inc., an Audi dealer, an insurer, service contract provider, or extended warranty provider, or any other person or entity) for all or part of the amount of the Covered Repair that is the subject of the Claim for Reimbursement. 

In a class action lawsuit, one or more persons, called Class Representatives, sue on behalf of other people who have similar claims. All of these people are Class Members or Settlement Class Members. The Class Representatives and all Settlement Class Members are called the Plaintiffs and the companies they sued are called the Defendants. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a Settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks and cost of a trial, and the people affected (the Settlement Class Members) will receive benefits quickly. The Class Representatives and the attorneys believe the Settlement is in the best interest of the Settlement Class.

Who is Part of the Settlement

The Court has conditionally approved the following definition of a Settlement Class Member: All persons or entities who purchased or leased a Settlement Class Vehicle in the United States of America and Puerto Rico. 

Excluded from the Settlement Class are (a) all Judges who have presided over the Action and their spouses; (b) all current employees, officers, directors, agents, and representatives of Defendants, and their family members; (c) any affiliate, parent, or subsidiary of Defendants and any entity in which any Defendant has a controlling interest; (d) anyone acting as a used car dealer; (e) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (f) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company who acquired a Settlement Class Vehicle as a result of a total loss; (g) any insurer of a Settlement Class Vehicle; (h) issuers of extended vehicle warranties and service contracts; (i) any Settlement Class Member who, prior to the date of final approval of the Settlement, settled with and released any Defendant or any Released Party from any Released Claims; and (j) any Settlement Class Member who files a timely and proper Request for Exclusion from the Settlement Class. 

If you are still not sure whether you are included in this Settlement, you can look up your vehicle’s VIN on the VIN Lookup Tool on this website.  You can also get more information by calling the Settlement Administrator at 1-888-294-9955.

Settlement Benefits - What You Can Get

The benefits afforded by the Settlement are described in FAQ 1. Additional details are provided in the next three sections.

Any United States or Puerto Rico resident who purchased or leased a Settlement Class Vehicle in the United States or Puerto Rico can send in a timely Claim for reimbursement for money spent prior to March 21, 2023 within the parameters and criteria described in FAQ 1.

To submit a Claim for reimbursement, you must do the following no later than the June 14, 2023 deadline

      A.    Complete, sign under penalty of perjury, and date a Claim Form, which is available on the the Important Documents page of this website. It is recommended that you keep a copy of the completed Claim Form for your records; and

      B.    Mail the completed, signed, and dated Claim Form and your supporting documentation (i.e., repair record[s], receipts, proof of payment, declaration, etc.) by First-Class mail post-marked no later than June 14, 2023, to the address provided on the Claim Form. The information that must be reflected in your records is described on the Claim Form. It is recommended that you keep a copy of your records and receipts.

If you are eligible for reimbursement benefits under the Settlement but fail to submit the completed Claim Form and supporting documents by the required deadline, you will not receive a reimbursement.

If the Settlement Claim Administrator determines your Claim is valid, your reimbursement will be mailed to you within one hundred (100) days of the date of receipt of the completed Claim, or within one hundred (100) days after the Settlement becomes final (which is called the “Effective Date”), whichever is later. The Court will hold a Fairness Hearing on June 20, 2023 at 2:00 p.m., to decide whether to approve the Settlement as fair, reasonable, and adequate. Information about the progress of the case will be available at this website.

If the Claims Administrator determines your Claim should not be paid, you will be mailed a letter telling you this. If the reason for rejecting your Claim is due to a deficiency in your Claim Form and/or supporting proof, the letter will notify you of the deficiency(ies) in your Claim and what needs to be submitted and by when, to correct the deficiency. To check on the status of your Claim, you can call 1-888-294-9955.

Unless you exclude yourself by taking the steps described in Section 10 below, you are staying in the Class, and that means that you will be bound by the release of claims and cannot sue, continue to sue, or be part of any other lawsuit about the same matters, claims, and legal issues that were or could have been asserted in this case and the Released Claims set forth in the Settlement Agreement. It also means that all of the Court’s orders and judgments will apply to you and legally bind you.  The specific claims and parties you will be releasing are set forth in sections I.O, I.P, and VIII.D. of the Settlement Agreement, a copy of which is available for review on the Important Documents page of this website.

Excluding Yourself From the Settlement

To exclude yourself from the Settlement, you must send a written Request for Exclusion by U.S. mail post-marked no later than April 20, 2023, stating clearly that you want to be excluded from the Settlement. You must include in the Request for Exclusion your full name, address, telephone number; the model, model year and VIN of the Settlement Class Vehicle; a statement that you are a present or former owner or lessee of a Settlement Class Vehicle; and specifically and unambiguously state your desire to be excluded from the Settlement Class. You must mail your exclusion request post-marked no later than April 20, 2023, to each of the following:  

CLAIMS ADMINISTRATOR

CLASS COUNSEL

DEFENSE COUNSEL

GCM SETTLEMENT

CLAIMS ADMINISTRATOR

ATTN: EXCLUSIONS

P.O. BOX 58220

PHILADELPHIA, PA 19102

LAWRENCE DEUTCH, ESQ.

BERGER MONTAGUE, P.C.

1818 MARKET STREET

SUITE 3600

PHILADELPHIA, PA 19103

 

MICHAEL B. GALLUB, ESQ.

SHOOK HARDY & BACON

1 ROCKEFELLER PLAZA,

28TH FLOOR

NEW YORK, NY 10020

 

You cannot exclude yourself on the phone or by email. If you timely submit your request to be excluded by U.S. mail, you will not receive any benefits of the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Lawsuit.

 

No, not for the same matters and legal claims that were or could have been asserted in the Action, unless your claim is for personal injury or property damage (other than damage to the Settlement Class Vehicle itself).

No, if you exclude yourself from the Settlement Class, you won’t receive any money or benefits from this Settlement, and you should not submit a Claim Form. You cannot do both.

The Court has appointed the law firm of Berger Montague PC to represent Settlement Class Members. This law firm is called “Class Counsel.”

You do not need to hire your own lawyer to participate in the Settlement because Class Counsel will be representing you and the Settlement Class. But, if you want your own lawyer, you may hire one at your own cost.

Class Counsel have prosecuted this case on a contingency basis. They have not received any fees or reimbursement for costs and expenses associated with this case. Class Counsel will file an application with the Court requesting an award of reasonable attorney fees and reasonable costs and expenses (“Fees and Expenses”) in an amount not exceeding a combined total sum of $495,000.00. VWGoA has agreed not to oppose Class Counsel’s application for Fees and Expenses to the extent not exceeding that combined total sum, and Class Counsel have agreed not to accept any Fees and Expenses in excess of that combined total sum. You won’t have to pay these Fees and Expenses. Any Fees and Expenses awarded to Class Counsel will not affect your Settlement amount.

Class Counsel will also apply to the Court for a service award to the named Plaintiffs, Meghan Gioffe, Melissa Anido, and Alan Wurzelbacher, who have conditionally been approved as Settlement Class Representatives, in the amount of $5,000.00 each for their efforts in pursuing this litigation for the benefit of the Settlement Class.

Any award for Class Counsel Fees and Expenses, and any service award, will be paid by Defendant and will not reduce any benefits available to you or the rest of the Settlement Class under the Settlement.

Class Counsel’s motion for fees and expenses and Settlement Class Representatives’ service award will be filed by April 7, 2023, and a copy will be made available for review at the Important Documents page of this website.

Supporting or Objecting to the Settlement

If you are a member of the Settlement Class and do not request to be excluded, you can tell the Court you like the Settlement and it should be approved, or you can ask the Court to deny approval by filing a written objection. You can object to the Settlement and/or to Class Counsel’s requests for Fees and Expenses and Settlement Class Representative service awards. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval of the Settlement, no settlement payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object on a timely basis. You are not required to submit anything to the Court unless you are objecting, wish to be excluded from the Settlement or to appear at the Fairness Hearing. 

To object to or comment on the Settlement, you must do one of the following:

     (i)    File your written objection or comment, and any supporting papers or materials, on the Court’s docket for this case, Gioffe, et al. v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 1:22-cv-00193, via its electronic filing system, no later than April 20, 2023, or

     (ii)    File your written objection or comment, and any supporting papers or materials, with the Court in person at any location of the United States District Court for the District of New Jersey, no later than April 20, 2023, or

     (iii)    Mail the written objection or comment, and any supporting papers or materials, to the Honorable Noel L. Hillman, United States District Judge, Mitchell H. Cohen Building & U.S. Courthouse, 4th and Cooper Streets, Room 1050, Camden, NJ 08101, and to the following by U.S. first-class mail, post-marked no later than April 20, 2023:

CLAIMS ADMINISTRATOR

CLASS COUNSEL

DEFENSE COUNSEL

GCM SETTLEMENT

CLAIMS ADMINISTRATOR

ATTN: OBJECTIONS

P.O. BOX 58220

PHILADELPHIA, PA 19102

LAWRENCE DEUTCH, ESQ.

BERGER MONTAGUE, P.C.

1818 MARKET STREET

SUITE 3600

PHILADELPHIA, PA 19103

 

MICHAEL B. GALLUB, ESQ.

SHOOK HARDY & BACON

1 ROCKEFELLER PLAZA

28TH FLOOR

NEW YORK, NY 10020

Regardless of the above method you choose, your written objection must state clearly that you are objecting to the Settlement in Gioffe, et al. v. Volkswagen Group of America, Inc., et al., Civil Action No. 1:22-cv-00193, and must include your full name, current address and telephone number; the model, model year and VIN of your Settlement Class Vehicle, along with proof that you own(ed) or lease(d) the Settlement Class Vehicle (i.e., a true copy of a vehicle title, registration or license receipt); a written statement of all your factual and legal grounds for objecting; copies of any papers, briefs and/or other documents upon which the objection is based and which are pertinent to the objection; and the name, address, and telephone number of any counsel representing you. Any Settlement Class Member objecting to the Settlement must also provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements in any court in the United States in the previous five (5) years, including the full case name with jurisdiction in which it was filed and the docket number, or affirmatively state that the Settlement Class Member or his/her counsel has not objected to any other class action settlement in the United States in the previous five (5) years, in the written materials provided with the objection.

Subject to the approval of the Court, any objecting Settlement Class Member may appear, in person or by counsel, at the Fairness Hearing. In order to appear, the objecting Settlement Class Member must, by the objection deadline of April 20, 2023, file with the Clerk of the Court and serve upon all counsel designated in the Class Notice, a Notice of Intention to Appear at the Fairness Hearing. The Notice of Intention to Appear must include copies of any papers, exhibits or other evidence and identity of witnesses that the objecting Settlement Class Member (or his/her counsel) intends to present to the Court in connection with the Fairness Hearing. 

Any Settlement Class Member who does not submit a written comment on or objection to the proposed Settlement or the application of Class Counsel for service awards or attorneys’ Fees and Expenses in accordance with the deadline and procedure set forth herein, or who does not submit a Notice of Intention to Appear in accordance with the deadline and procedure set forth herein, may waive his/her right to be heard at the Fairness Hearing and to appeal from any order or judgment of the Court concerning this Action.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

Fairness Hearing

The Court will hold a Fairness Hearing at 2:00 p.m. on June 20, 2023, before Judge Noel L. Hillman at the United States District Court for the District of New Jersey, Mitchell H. Cohen Building & U.S. Courthouse, 4th and Cooper Streets, Room 1050, Camden, NJ 08101, to determine whether the Settlement should be finally approved. At this Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider Class Counsel’s application for attorneys’ Fees and Expenses and a service award to the Class Representative.

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. You may also pay your own lawyer to attend, but it is not necessary for your objection to be considered by the Court.

If you do not exclude yourself, you may ask the Court’s permission to speak at the Fairness Hearing concerning the proposed Settlement or the application of Class Counsel for attorneys’ Fees and Expenses and Settlement Class Representative service award. To do so, you must file with the Clerk of the Court and serve upon all counsel designated in the Class Notice a Notice of Intention to Appear at the Fairness Hearing, saying that it is your intention to appear at the Fairness Hearing in Gioffe, et al. v. Volkswagen Group of America, Inc., et al., Civil Action No. 1:22-cv-00193. The Notice of Intention to Appear must include copies of any papers, exhibits or other evidence and the identity of witnesses that the objecting Settlement Class Member (or the objecting Settlement Class Member’s counsel) intends to present to the Court in connection with the Fairness Hearing.

You must file your Notice of Intention to Appear with the Clerk of the Court and serve upon all counsel designated in the Class Notice, by the objection deadline of April 20, 2023. You cannot speak at the Fairness Hearing if you excluded yourself from the Settlement.

If You Do Nothing

If you do nothing, you will be bound by the Settlement if the Court approves it.

More Information

Visit the website at the Important Documents page where you can find extra Claim Forms, a copy of the Settlement Agreement and other pertinent documents, and more information on this Litigation and Settlement. Updates regarding the Action, including important dates and deadlines, will also be available on the website. You may also call the Claims Administrator at 1-888-294-9955 or email info@GCMsettlement.com.