According to records, you are a current or past owner or lessee of a certain specific Volkswagen vehicle of the following models/model years that was distributed by Volkswagen Group of America, Inc. (“VWGoA”) in the United States or Puerto Rico (hereinafter, collectively, “Settlement Class Vehicles”), enumerated in a VIN list attached as Exhibit 4 to the Settlement Agreement:

• 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.

A Settlement Class Member is defined as a current or past owner or lessee of a Settlement Class Vehicle, subject to exclusions listed in FAQ 3.

The Lawsuit claims that the putative class vehicles’ front door wiring harnesses are defective and, in certain instances, may not function properly. VWGoA has denied the claims and maintains that the front door wiring harnesses in the Settlement Class Vehicle. 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:

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 Documentation:

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, a copy of which is also available on the Important Documents page, 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.

In a class action lawsuit, one or more persons, called Plaintiffs and Class Representatives, sue on behalf of other people who have similar claims. All of these people are Class Members or Settlement Class Members. The company they sued is called the Defendant. 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, delays, and costs 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 best for the Settlement Class.

The Court has conditionally approved the following definition of a Settlement Class: “All present and former U.S. owners and lessees of Settlement Class Vehicles, defined as certain model year 2019-2023 Volkswagen Atlas and Atlas Cross Sport vehicles which were the subject of Recall 97GF, distributed by Defendant Volkswagen Group of America, Inc. for sale or lease in the United States and Puerto Rico, which are the subject of Recall 97GF and specifically identified by Vehicle Identification Number (“VIN”) in Exhibit 5 to the Settlement Agreement.”

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. (see FAQ 10).

If you are still not sure whether you are included in this Settlement, you can get more information. You can enter your VIN in the VIN Lookup Portal to determine if your vehicle is a Settlement Class Vehicle.  You can also call the Claim Administrator at 1-855-660-5222.

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

Any United States or Puerto Rico resident who purchased or leased a Settlement Class Vehicle can send in a timely Claim for reimbursement for money spent prior to October 10, 2024 if the Claim satisfies the parameters and criteria required for reimbursement as described in FAQ 1.

To submit a Claim for reimbursement, you must do the following no later than December 24, 2024:

1. Complete, sign under penalty of perjury, and date a Claim Form. It is recommended that you keep a copy of the completed Claim Form; and
2. Either submit online or mail the completed, signed, and dated Claim Form, together with your supporting documentation (i.e., repair record[s], receipts, proof of payment, etc.) by First-Class mail, post-marked no later than December 24, 2024, to the Claim Administrator at 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 Claims Administrator determines your Claim is valid, your reimbursement will be mailed to you within one hundred fifty (150) days of either (i) the date of receipt of the completed Claim (with all required proof), or (ii) the date that the Settlement becomes final (the “Effective Date”), whichever is later. The Court will hold a Final Fairness Hearing on January 15, 2025, to decide whether to approve the Settlement as fair, reasonable, and adequate. Information about the progress of the case will be available on 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 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 1-855-680-5222.

Unless you exclude yourself by taking the steps described in Section 10 below, you will remain 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 which arise from or in any way relate to the front door wiring harnesses of Settlement Class Vehicles and their associated parts, and/or the Recall 97GF involving said front door wiring harnesses and all replacement parts, 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.S and I.T of the Settlement Agreement, a copy of which is available for review on the Important Documents page.

You have a right, if you so desire, to exclude yourself from this Settlement. To exclude yourself from the Settlement, you must send a written Request for Exclusion by U.S. mail post-marked no later than November 25, 2024, 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 November 25, 2024, to each of the following:

CLAIM ADMINISTRATOR:
SHERROD V. VOLKSWAGEN GROUP OF AMERICA SETTLEMENT
C/O JND LEGAL ADMINISTRATION
PO BOX 91500
SEATTLE, WA 98111

CLASS COUNSEL:
JAMES E. CECCHI, ESQ.
CARELLA, BYRNE, CECCHI, BRODY & AGNELLO, P.C
5 BECKER FARM ROAD
ROSELAND, NJ 07068

DEFENSE COUNSEL:
MICHAEL B. GALLUB, ESQ.
SHOOK, HARDY & BACON L.L.P.
1 ROCKEFELLER PLAZA, SUITE 2801
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 will not 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 firms of Carella, Byrne, Cecchi, Brody & Agnello, P.C.; Hagens Berman Sobol Shapiro LLP; Goldenberg Schneider, LPA; The Law Offices of Sean K. Collins and Lemberg Law LLC to represent Settlement Class Members. Together, these law firms are 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 $1,950,000.  

Class Counsel will also apply to the Court for service awards to the named Plaintiffs, Dana Potvin, Lisa Bultman, Michael McKarry, David Wabakken, Mohamed Hassan, Christina Merrill, Eric Levine, Patrick Donahue, Debbi Brown, Carol Radice, Terrence Berry, Amanda Green, David Wildhagen, Katy Doyle, Tashia Clendaniel, Hogan Popkess, Kory Wheeler, Harry O’Boyle, Joe Ramagli, Eric Kovalik, Charles Hillier, Labranda Shelton, Adam Moore, Tina Grove, Keech Arnsten, Scott Carter, Mike Sherrod, Christi Johnson, Mary Koelzer, and Mark Stevens, who have conditionally been approved as Settlement Class Representatives, in the amount of $2,500 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 awards to Settlement Class Representatives, will be paid separately by Defendant and will not reduce any benefits available to you or the rest of the Settlement Class under the Settlement. You won’t have to pay these Fees and Expenses.

Class Counsel’s motion for fees and expenses and Settlement Class Representative service awards will be filed by November 4, 2024, and a copy will be made available for review on the Important Documents page. 

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 proposed Settlement. If the Court denies approval of the Settlement, no settlement payments will be sent out and the Action 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 or wish to be excluded from the Settlement.

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

1. File your written objection or comment, and any supporting papers or materials, on the Court’s docket for this case, Mike Sherrod, et al., individually and on behalf of others similarly situated v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 2:22-cv-01537-EP-JSA, via its electronic filing system, no later than November 25, 2024, or
2. File your written objection or comment, and any supporting papers or materials, with the Court in person at the Clerk’s Office of the United States District Court for the District of New Jersey, located at Martin Luther King Jr. Federal Building and United States Courthouse, 50 Walnut Street, Newark, NJ 07102, no later than November 25, 2024, or
3. Mail your written objection or comment, and any supporting papers or materials, to each of the following, by U.S. first-class mail, post-marked no later than November 25, 2024:

COURT:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
MARTIN LUTHER KING JR. FEDERAL BUILDING AND UNITED STATES COURTHOUSE
50 WALNUT STREET
NEWARK, NJ 07102

CLASS COUNSEL:
JAMES E. CECCHI, ESQ.
CARELLA, BYRNE, CECCHI, BRODY & AGNELLO, P.C
5 BECKER FARM ROAD
ROSELAND, NJ 07068

DEFENSE COUNSEL:
MICHAEL B. GALLUB, ESQ.
SHOOK, HARDY & BACON L.L.P.
1 ROCKEFELLER PLAZA, SUITE 2801
NEW YORK, NY 10020

Regardless of the above method you choose, your written objection must state clearly that you are objecting to the Settlement or the request for Class Counsel Fees and Expenses and/or Class Representative Service Awards, in Mike Sherrod, et al., individually and on behalf of others similarly situated v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 2:22-cv-01537-EP-JSA, 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; the name and address of any counsel representing you; and a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, and the identity(ies) of any counsel who will appear on behalf of the Settlement Class Member objection at the Final Approval Hearing.  Any Settlement Class Member objecting to the Settlement must also provide a list of all 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 timely and properly objecting Settlement Class Member may appear, in person or by counsel, at the Final Fairness Hearing. In order to appear, the objecting Settlement Class Member must, by the objection deadline of November 25, 2024, file with the Clerk of the Court and serve upon all counsel designated in the Class Notice (see above), 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 has not timely and properly filed an objection in accordance with the deadlines and requirements set forth in the Settlement Agreement shall be deemed to have waived and relinquished his/her/its right to object to any aspect of the Settlement, or any adjudication or review of the Settlement, by appeal or otherwise. 

Any Settlement Class Member who does not provide a Notice of Intention to Appear in accordance with the deadline and other requirements set forth in the Settlement Agreement and Class Notice shall be deemed to have waived any right to appear, in person or by counsel, at the Final Fairness Hearing.

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.

The Court will hold a Final Fairness Hearing at 11:00 a.m. on January 15, 2025, before the Honorable Jessica S. Allen, United States Magistrate Judge, United States District Court for the District of New Jersey, Martin Luther King Jr. Federal Building and United States Courthouse, 50 Walnut Street, Courtroom 4C, Newark, NJ 07102, 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 Fees and Expenses and service awards to the Settlement Class Representatives.  The date of the Final Fairness Hearing may change without further notice to the Settlement Class.  You should check this website or the Court’s PACER site to confirm that the date has not changed.

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. Your objection will be considered by the Court whether you or your lawyer attend or not.

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 Fees and Expenses and Settlement Class Representative service awards. To do so, you must file with the Clerk of the Court, and serve upon all counsel identified in Section 16 of this 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 Mike Sherrod, et al., individually and on behalf of others similarly situated v. Volkswagen Group of America, Inc., et al., United States District Court for the District of New Jersey, Civil Action No. 2:22-cv-01537-EP-JSA. 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 FAQ 16, by the objection deadline of November 25, 2024. You cannot speak at the Fairness Hearing if you excluded yourself from the Settlement.

If you do nothing, you will be bound by the Settlement if the Court approves it, including all orders, judgments and the release of claims set forth in the Settlement.

You can look up your vehicle’s VIN to determine if it is Settlement Class Vehicle, find extra Claim Forms, a copy of the Settlement Agreement and other pertinent documents on the Important Documents page, and more information on this Action and Settlement. Updates regarding the Action, including important dates and deadlines, will also be available on this website. You may also call the Claim Administrator at 1-855-680-5222.