Bosch Emissions Class Action

Case Information1

For details about the settlement and details about who will be entitled to receive direct benefits (the "Direct Claimants") and who will need to file a claim, and the deadlines for that please review the below information. Further information is available on the FAQ page.

Verify Address2

If you are a Direct Claimant, you can expect to automatically receive payment mailed to the address associated with your participation in the earlier 2L or 3L settlements.To update or verify your address, contact the Claims Administrator.

File A Claim3

If you are an Extended Warranty Claimant, you must file a claim on or before April 8, 2021 in order to receive settlement benefits. The claim deadline has now passed.

Overview of Bosch Claims and Settlement

Following announcements regarding the installation of emissions software in certain 2009-2016 Volkswagen, Audi and Porsche vehicles equipped with diesel engines, a number of class actions were commenced across Canada (the “Emissions Claims”). The Emissions Claims were already the subject of two court-approved settlements with Volkswagen, Audi and Porsche with respect to certain 2L diesel vehicles (the “2L Settlement”) and 3L diesel vehicles (the “3L Settlement")(collectively, the “2&3L Settlements”). The 2&3L Settlements have been implemented, and extensive benefits were made available to owners and lessees of the affected vehicles. A separate action was brought against the manufacturer of the emissions software, Robert Bosch GmbH (the “Bosch Action”).

The parties to the Bosch Action have entered into the Bosch Settlement to resolve all Emissions Claims advanced by Bosch Settlement Class Members against Bosch with respect to the VW, Audi and Porsche vehicles at issue in the 2L Settlement or 3L Settlement. The Bosch Settlement is over and above any benefits already paid in connection with those prior settlements, and was approved by the Ontario Superior Court of Justice (the “Court”) on September 22, 2020.

Bosch will pay the all-inclusive amount of CAD $9,270,000 in exchange for a final release of the Emissions Claims of Bosch Settlement Class Members, and other related provisions. A full copy of the Bosch Settlement can be viewed here.

Who are the Bosch Settlement Class Members?

Subject to some exclusions*, you are a Bosch Settlement Class Member (and the Bosch Settlement applies to you) if:

On September 18, 2015, you owned or leased a diesel-powered 2009-2015 VW Jetta, a 2009 VW Jetta Wagon, a 2010-2013 or 2015 VW Golf, a 2012-2015 Passat, a 2010-2014 VW Golf Wagon, a 2015 VW Golf Sportswagon or a 2010-2013 or 2014 Audi A3; or
On November 2, 2015, you owned or leased a diesel-powered 2014-2016 Audi A6, A7, A8, A8L or Q5, a 2009-2015 Audi Q7, a 2013-2016 Porsche Cayenne or a 2009 to 2016 Volkswagon Touareg.

For a list of Excluded Persons*, see FAQ#2.

Why does this matter to me, and what happens next?

Some but not all Bosch Settlement Class Members who received benefits in the 2L Settlement or in the 3L Settlement may be eligible to receive additional benefits under the Bosch Settlement. Some but not all of those persons who are eligible to receive settlement benefits may need to make a claim, while others should expect to receive direct payments.

The categories of Bosch Settlement Class Members who eligible to receive settlement benefits under the Bosch Settlement are:

Direct Claimants (do not need to submit a claim for benefits):

Eligible 3L Gen 2 Lessess: These are persons who leased 3l Generation 2 VW, Audi or Porsche vehicles and who received corresponding lessee benefits pursuant to the 3L Settlement;
Eligible 2L Sellers: These are persons who owned 2L VW or Audi Vehicles as of September 18, 2015 but sold their eligible vehicles before the 2L Settlement pre-approval notice date (January 4, 2017) and for that reason received a settlement benefit as a “Seller” rather than an “Owner” pursuant to the 2L Settlement;
Eligible 3L Sellers: These are persons who owned 3L VW, Audi or Porsche vehicles as of November 2, 2015 but sold their eligible vehicles before the 3L Settlement pre-approval notice date (January 17, 2018) and for that reason received a settlement benefit as a “Seller” rather than as “Owner” pursuant to the 3L Settlement;

Extended Warranty Claimants (need to submit a claim for benefits by April 8, 2021):

Eligible 2L Extended Warranty Claimants: Persons who successfully claimed a Buyback or Buyback with Trade-In benefit or a 2L Lessee benefit pursuant to the 2L Settlement, and at the time they surrendered their 2L Vehicle or received their 2L Lessee Benefit, had an unused portion of extended warranty coverage purchased for the corresponding 2L Vehicle that could not be transferred to another Vehicle.

Eligible 3L Gen 2 Lessee, Eligible 2L Seller and Eligible 3L Seller (collectively, the “Direct Claimants”) will receive an automatic, direct payment that will be mailed to them by cheque to the last known contact information associated with the 2L Settlement or the 3L Settlement. If you are a Direct Claimant, you DO NOT HAVE TO SUBMIT A CLAIM in order to receive benefits.

At this stage, it is anticipated that payments will be made to Direct Claimants by May 8, 2021. If you believe you are eligible to receive a direct payment, but did not receive one by June 7, 2021, you may contact the Claims Administrator at [email protected] or toll-free at 1-866-723-8776 . Note however that if you were eligible to receive, but for some reason did not receive a benefit pursuant to the 2L Settlement or the 3L Settlement, you will not be eligible to receive a benefit pursuant to the Bosch Settlement.

If you are an Eligible 2L Extended Warranty Claimant, you MUST SUBMIT AN EXTENDED WARRANTY CLAIMS to the claims administrator in order to receive benefits. The deadline to submit an Extended Warranty Claim is April 8, 2021.

Questions?

Answers to frequently asked questions can be found here.