Mike Sherrod, et al. v. Volkswagen Group of America, Inc., et al.
Sherrod v. Volkswagen Group of America
Case No. 2:22-cv-01537-EP-JSA

Welcome to the Sherrod v. Volkswagen Group of America Settlement Website

If you currently or previously own(ed) or lease(d) a certain model year 2019-2023 Volkswagen Atlas or Atlas Cross Sport vehicle in the United States or Puerto Rico, you may be entitled to benefits under a class action settlement.

What is this lawsuit about?

The Lawsuit claims that the putative class vehicles’ front door wiring harnesses are defective and, in certain instances, may not function properly. Volkswagen Group of America, Inc. (“VWGoA”) has denied the claims and maintains that the front door wiring harnesses in the Settlement Class Vehicles were not defective, were properly designed, manufactured, marketed, and sold, and that no applicable warranties were breached nor any applicable statutes violated. The Court has not decided in favor of either party.  Instead, the Lawsuit has been resolved through a Settlement under which the benefits set forth below will be provided.

Who is included?

You may be a Settlement Class Member if you are a current or past U.S. owner or lessee of a certain vehicle within the following models/model years, that was imported and distributed by VWGoA in the United States or Puerto Rico:

Certain 2019-2023 Volkswagen Atlas*

Certain 2019-2023 Volkswagen Atlas Cross Sport*

*Not every such model and model year vehicle is covered by this Settlement (i.e., a Settlement Class Vehicle).  The specific Settlement Class Vehicles are determined by Vehicle Identification Numbers (VINs).  You can look up whether your vehicle is a Settlement Class Vehicle by typing your vehicle’s VIN, where indicated, in the VIN Lookup Portal.

Excluded from the Settlement Class are (a) all Judges who have presided over the Actions and their spouses; (b) all current employees, officers, directors, agents and representatives of Defendant, and their family members; (c) any affiliate, parent or subsidiary of Defendant and any entity in which 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 that 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 the Agreement, settled with and released Defendant or any Released Parties from any Released Claims, and (j) any Settlement Class Member who files a timely and proper Request for Exclusion from the Settlement Class.

What does the Settlement provide?

I. Warranty Extension for Current Owners or Lessees of Settlement Class Vehicles

Effective on October 10, 2024, VWGoA will extend its New Vehicle Limited Warranty (“NVLW”) for all Settlement Class Vehicles to cover the cost of repair or replacement, by an authorized Volkswagen dealer, of a failed front door wiring harness (hereinafter, “Part”) that was modified and/or installed in the Settlement Class Vehicle pursuant to Recall 97GF (the “Recall”), during a period of up to 5 years or 60,000 miles (whichever occurs first) from the date that the Recall repair was performed.  The warranty extension applies to all wiring harness-related repairs performed pursuant to the Recall, whether or not involving replacement of the wiring harness itself, and will include any other necessary repair/adjustment to address any warning lights or fault codes resulting from or attendant to a failure of the Part.

The Warranty Extension is subject to the same terms and conditions set forth in the Settlement Class Vehicle's New Vehicle Limited Warranty and Warranty Information Booklet and is fully transferable to subsequent owners, to the extent its time and mileage limits have not expired. 

Excluded from the Warranty Extension is any failure of the Part resulting from damage, abuse, alteration, modification, collision or crash, vandalism, and/or other impact or outside sources.

II. Reimbursement of Certain Past Paid (and Unreimbursed) Out-of-Pocket Expenses

Settlement Class Members who submit to the Claim Administrator (by mail or online through the Settlement Website) a timely and complete Claim for Reimbursement shall be eligible for 100% reimbursement of the past paid (and unreimbursed) cost (parts and labor) of repair or replacement of a failed Part (and any associated diagnostic costs charged and paid for in connection with that repair), performed prior to October 10, 2024 and within 7 years or 100,000 miles (whichever occurred first) from the vehicle’s In-Service Date. 

For any past paid repair that was performed between December 22, 2022 and October 10, 2024, Settlement Class Members must also submit a signed declaration, under penalty of perjury, establishing that they presented the Settlement Class Vehicle to a Volkswagen dealer to have the Recall 97GF repair performed prior to December 22, 2022, but the dealer was unable to perform the repair because a replacement part was not available.  Eligible reimbursement includes all paid costs for wiring harness-related repairs, whether or not involving replacement of the wiring harness itself.  A form Declaration is available on the Important Documents Page.

If the past paid repair was performed during the Settlement Class Vehicle’s original New Vehicle Limited Warranty period, but not by an authorized Volkswagen dealer, then the Settlement Class Member must submit also records showing that they first attempted to have the repair performed by an authorized Volkswagen dealer but the dealer declined or was otherwise unable to perform the repair.  Alternatively, the Settlement Class Member may submit a signed declaration, under penalty of perjury, stating that such records are not available after a good faith effort to obtain them.  A form Declaration is available on the Important Documents Page.

The above relief is subject to certain limitations and proof requirements which are set forth below and in the Settlement Agreement which can be found on the Important Documents Page. 

A. Required Claim Form and Supporting Documents

In order to submit a valid Claim for Reimbursement under this Settlement, you must either mail to the Claims Administrator, by first-class mail post-marked no later than December 24, 2024, or submit to the Claims Administrator online no later than December 24, 2024, a fully completed, signed and dated Claim Form, together with all required documentation listed below.

  1. an original or legible copy of a repair invoice(s) or record(s) for the repair covered under the Settlement containing claimant’s name, the make, model and vehicle identification number (“VIN”) of the Settlement Class Vehicle, the name and address of the authorized Volkswagen dealer or non-dealer service center that performed the covered repair, the date of the covered repair, the Settlement Class Vehicle’s mileage at the time of the repair, a description of the repair work performed including the parts repaired/replaced and a breakdown of parts and labor costs, and the amount charged (parts and labor) for the covered repair; 
  2. proof of the Settlement Class Member’s payment for the covered repair; and 
  3. if the person/entity seeking reimbursement is different from the one to whom the Class Notice was mailed, then proof of the Settlement Class Member’s ownership or lease of the Settlement Class Vehicle at the time of the covered repair.

B. Limitations

Any reimbursement shall be reduced by goodwill or other monies or concessions paid by an authorized Volkswagen dealer, any other entity (including insurers and providers of extended warranties or service contracts), or from any other source, for repair or replacement of any front door wiring harness or any wiring harness-related repairs. If the Settlement Class Member received a free replacement or repair, or was otherwise reimbursed the full amount for the repair or replacement, then they will not be entitled to any reimbursement.

VWGoA will not be responsible for, and shall not warrant, any repair or replacement work that is not performed by an authorized Volkswagen dealer.

Excluded from reimbursement is any front door wiring harness failure resulting from damage, abuse, alteration, modification, collision or crash, vandalism, and/or other impact or damage from outside sources.

Your Legal Rights and Options

These rights and options—and the deadlines to exercise them—are explained in the Notice. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.

Option Event
DO NOTHING If you do nothing, you are bound by the Settlement, including all orders, judgments and the release of claims set forth in the Settlement.
 
SUBMIT A CLAIM FORM
December 24, 2024 (postmarked or submitted online)

 
Claim Forms must be submitted online or by mail. This is the only way to get a payment.
EXCLUDE YOURSELF
November 25, 2024 (postmarked)

 
If you exclude yourself from the Settlement Class, you won't receive any reimbursement or extended warranty coverage, but you will retain any rights you currently have to sue the Defendants about the claims in this case. 
OBJECT TO THE SETTLEMENT
November 25, 2024 (postmarked)

 
Write to the Court about why you don’t like the Settlement.
 
FINAL FAIRNESS HEARING
January 15, 2025 at 11:00 A.M. (EST)

 
The Court will hold a Final Fairness Hearing on January 15, 2025 at 11:00 A.M. (EST) to decide whether to approve the Settlement as fair, reasonable and adequate. You are not required to attend the Final Fairness Hearing. If you would like to attend, you may request permission to appear by filing a Notice of Intention to Appear no later than November 25, 2024.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Sherrod v. Volkswagen Group of America Settlement
c/o JND Legal Administration
PO Box 91500
Seattle, WA 98111