In Re: Volkswagen "Clean Diesel" Marketing, Sales Practices, And Products Liability Litigation
Porsche Gasoline Emissions Settlement
3:15md2672

Frequently Asked Questions

 

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  • Your Legal Rights And Options In The Settlement

    Participate By Filing A Claim

    To obtain compensation under this Settlement, you must submit a valid claim. Please refer to Question 6 and Question 7 for details on how to submit a valid claim.

    You can submit your claim now, and must electronically submit or postmark it no later than November 7, 2022. This schedule may change, so please visit the Key Dates page regularly for updates.

    Request Exclusion

    If you wish to exclude yourself from the Settlement, you must submit a request to exclude yourself from, or “opt out” of, the Settlement, by September 30, 2022. If you do so, you will receive no compensation under this Settlement, but you will preserve your rights to sue the Defendants over the claims being resolved by this Settlement. Please refer to Questions 16-19 for further detail.

    Object

    If you wish to object to the Settlement, you may write to the Court and explain what you dislike about the Settlement. You must submit your objection by September 30, 2022. If you object to the Settlement, you are expressing your views about the Settlement but you will remain a member of the Class (if you are otherwise eligible) and you will still release the claims covered by this Settlement. If you make an objection, you must still submit a claim to receive compensation under the Settlement. Please refer to Question 23 and Question 24 for further details.

    Go To A Hearing

    If you object to the Settlement as described above, you may ask to speak in Court about the fairness of the Settlement. Please refer to Questions 25-27 for further details.

  • You are included in the Settlement if you own, lease, or previously owned or leased a Fuel Economy Class Vehicle or Other Class Vehicle as of June 29, 2022, or if you own a Sport+ Class Vehicle and complete the Sport+ Emissions Compliant Repair during your ownership, unless such a repair is not made available.

    The list of Fuel Economy Class Vehicles, Sport+ Class Vehicles, and Other Class Vehicles can be found at Important Documents page and in the answer to Question 4.

    If you are not sure whether you are included in the Settlement, you can contact the Settlement Administrator at 1-888-681-2759.

  • The following entities and individuals are excluded from the Class:

    • Defendants’ officers, directors and employees and participants in the Porsche Associate Lease Program; Defendants’ affiliates and affiliates’ officers, directors and employees; Defendants’ distributors and distributors’ officers, directors and employees;
    • Judicial officers and their immediate family members and associated court staff assigned to this case;
    • All individuals who leased a Class Vehicle from a lessor other than Porsche Financial Services;
    • All individuals who are not Fuel Economy Class Members, Sport+ Class Members, or Other Class Vehicle Class Members, as defined in Sections 2.28, 2.36, and 2.51 of the Settlement Agreement;
    • All those otherwise in the Class who or which timely and properly exclude themselves from the Class, as provided in the Settlement.
  • The compensation available in this Settlement depends on the specific Class Vehicle you own(ed) or lease(ed).

    Click here to access the Benefit Calculator to estimate your compensation under the Settlement for eligible vehicles.

    FUEL ECONOMY CLASS VEHICLES

    If you have a Class Vehicle that requires a Monroney Label change (known as the “Fuel Economy Class Vehicles”), the compensation will depend on the number of months that you owned or leased the vehicle. The table below lists the Fuel Economy Class Vehicles and the compensation available for those vehicles.

    If you are the original owner of a Fuel Economy Class Vehicle and continued to own the vehicle on June 29, 2022, you will be eligible to claim the maximum compensation for that vehicle. If you acquired a used Fuel Economy Class Vehicle (i.e., you are not the original owner), or you previously owned or leased a Fuel Economy Class Vehicle, your compensation will depend on the number of months that you owned or leased the vehicle within the first 96 months after the vehicle was first sold or leased to its original owner/lessee. Finally, if you own a used Fuel Economy Class Vehicle as of June 29, 2022, and it has not been 96 months since the vehicle was first sold or leased to its original owner/lessee, you will be eligible to claim compensation for the months that you owned the vehicle, as well as any months remaining within that 96-month period.

    Model Code Model Derivative Trans. Model Year(s) Compensation Per Month Owned/Leased Maximum Compensation Per VIN
    981 I Boxster/Cayman Base AT 2013-2016 6.75 $647.83
    981 I Boxster/Cayman Base MT 2013-2016 3.81 $366.17
    981 I Boxster/Cayman S AT 2013-2016 3.81 $366.17
    981 I Boxster/Cayman S MT 2013-2016 4.16 $399.45
    981 I Boxster/Cayman GTS AT 2015-2016 7.32 $703.04
    987 II Boxster/Cayman Base AT 2009-2012 3.75 $360.01
    987 II Boxster/Cayman S AT 2009-2012 8.57 $822.89
    987 II Boxster/Cayman S MT 2009-2012 4.48 $430.15
    991 I Carrera Coupe/Cabrio Base (2WD) AT 2013-2016 3.77 $362.35
    991 I Carrera Coupe/Cabrio Base (4WD) AT 2013-2016 2.60 $250.00
    991 I Targa Base (4WD) AT 2014-2016 4.55 $436.55
    991 I Carrera Coupe/Cabrio S (2WD) MT 2012-2016 8.68 $833.41
    991 I Carrera Cabrio/Targa S (4WD) AT 2013-2016 4.55 $436.55
    991 I Carrera Coupe S (4WD) AT 2013-2016 4.13 $396.86
    991 I Targa GTS (4WD) AT 2016 4.55 $436.55
    997 I Carrera Coupe/Cabrio Base (2WD) AT 2005-2007 7.78 $746.75
    997 I Carrera Coupe/Cabrio Base (2WD) AT 2008 9.51 $912.69
    997 I Carrera Coupe/Cabrio Base (2WD) MT 2008 8.58 $823.48
    997 I Carrera Coupe/Cabrio S (2WD) AT 2005-2007 4.07 $391.15
    997 I Carrera Coupe/Cabrio S (2WD) AT 2008 9.51 $912.69
    997 I Carrera Coupe/Cabrio S (2WD) MT 2005-2007 2.60 $250.00
    997 I Carrera Coupe/Cabrio S (2WD) MT 2008 4.50 $432.33
    997 I Carrera Coupe Turbo AT 2007 4.50 $432.33
    997 I Carrera Coupe/Cabrio Turbo AT 2008-2009 5.59 $536.88
    997 II Carrera Coupe/Cabrio Base (2WD) AT 2009-2012 3.70 $355.60
    997 II Carrera Coupe/Cabrio S (2WD) AT 2009-2012 7.78 $746.75
    997 II 911 Coupe/Cabrio GTS (2WD) AT 2011-2012 7.78 $746.75
    E2 I Cayenne S AT 2011-2014 7.69 $738.36
    E2 I Cayenne Turbo AT 2012-2014 7.03 $674.43
    E2 II Cayenne S AT 2017-2018 11.56 $1,109.66
    G1 I Panamera S (4WD) AT 2010-2013 9.88 $948.66

     

    OTHER CLASS VEHICLES

    Class Vehicles that do not require a Monroney Label change (known as the “Other Class Vehicles”), are eligible for compensation of up to $200 per vehicle. The table below lists the Other Class Vehicles. If you are the original owner of such a vehicle and continued to own the vehicle on June 29, 2022, you are eligible to claim the maximum compensation for that VIN. If you are not the original owner, you will split the compensation with any other Class Member who submits a valid claim for that VIN.

    Model Code Model Derivative Transmission Model Year(s)
    982 Boxster/Cayman Base AT/MT 2017-2019
    982 Boxster/Cayman S AT/MT 2017-2019
    982 Boxster/Cayman GTS AT/MT 2018-2019
    981 I Boxster/Cayman GTS MT 2015-2016
    981 I Boxster Spyder MT 2016
    981 I Cayman GT4 MT 2016
    987 I Boxster/Cayman Base AT/MT 2005-2008
    987 I Boxster/Cayman S AT/MT 2005-2008
    987 II Boxster/Cayman Base MT 2009-2012
    987 II Boxster Spyder AT/MT 2011-2012
    987 II Cayman R AT/MT 2012
    991 I Carrera Coupe/Cabrio Base (2WD) MT 2012-2016
    991 I Carrera Coupe/Cabrio/Targa Base (4WD) MT 2013-2016
    991 I Carrera Coupe/Cabrio/Targa S (4WD) MT 2013-2016
    991 I Carrera Coupe/Cabrio S (2WD) AT 2012-2016
    991 I Carrera Coupe/Cabrio Turbo AT 2014-2016
    991 I Carrera Coupe/Cabrio Turbo S AT 2014-2016
    991 I Carrera Coupe/Cabrio GTS (2WD) AT/MT 2015-2016
    991 I Carrera Coupe/Cabrio GTS (4WD) AT/MT 2015-2016
    991 I Targa 4 GTS MT 2016
    991 I 911 GT3 AT 2014-2016
    991 I 911 GT3 RS AT 2016
    991 I 911 R MT 2016
    991 II Carrera Coupe/Cabrio/Targa Base AT/MT 2017-2019
    991 II Carrera Coupe/Cabrio/Targa S AT/MT 2017-2019
    991 II Carrera Coupe/Cabrio/Targa GTS AT/MT 2017-2019
    991 II Carrera T AT/MT 2018-2019
    991 II Carrera Coupe/Cabrio Turbo AT 2017-2019
    991 II Carrera Coupe/Cabrio Turbo S AT 2017-2019
    991 II 911 GT3 AT/MT 2018
    991 II 911 GT2 RS AT 2018
    997 I Carrera Coupe/Cabrio Base (2WD) MT 2005-2007
    997 I Carrera Coupe/Cabrio/Targa Base (4WD) AT/MT 2006-2008
    997 I Carrera Coupe/Cabrio/Targa S (4WD) AT/MT 2006-2008
    997 I 911 Coupe/Cabrio Turbo MT 2007-2009
    997 I 911 GT3 MT 2007-2008
    997 I 911 GT3 RS MT 2007-2008
    997 I 911 GT2 MT 2008-2009
    997 II Carrera Coupe/Cabrio Base (2WD) MT 2009-2012
    997 II Carrera Coupe/Cabrio/Targa Base (4WD) AT/MT 2009-2012
    997 II Carrera Coupe/Cabrio S (2WD) MT 2009-2012
    997 II Carrera Coupe/Cabrio/Targa S (4WD) AT/MT 2009-2012
    997 II 911 Coupe/Cabrio GTS (2WD) MT 2011-2012
    997 II 911 Coupe/Cabrio GTS (4WD) AT/MT 2012
    997 II 911 Speedster AT 2011
    997 II 911 Coupe/Cabrio Turbo AT/MT 2010-2013
    997 II 911 Coupe/Cabrio Turbo S AT 2011-2013
    997 II 911 GT3 MT 2010-2011
    997 II 911 GT3 RS MT 2010-2011
    E1 I Cayenne Base AT/MT 2005-2006
    E1 I Cayenne S AT 2005-2006
    E1 I Cayenne Turbo AT 2005-2006
    E1 I Cayenne Turbo S AT 2006
    E1 II Cayenne Base AT/MT 2008-2010
    E1 II Cayenne S AT 2008-2010
    E1 II Cayenne GTS AT/MT 2008-2010
    E1 II Cayenne Turbo AT 2008-2010
    E1 II Cayenne Turbo S AT 2009-2010
    E2 I Cayenne Base AT/MT 2011-2014
    E2 I Cayenne GTS AT 2013-2014
    E2 I Cayenne Turbo S AT 2014
    E2 I Cayenne Turbo AT 2011
    E2 II Cayenne Base AT 2016-2018
    E2 II Cayenne S AT 2015-2016
    E2 II Cayenne Turbo AT 2015-2018
    E2 II Cayenne Turbo S AT 2016-2018
    E2 II Cayenne GTS AT 2016/2018
    G1 I Panamera Base AT 2011-2013
    G1 I Panamera S (2WD) AT 2010-2013
    G1 I Panamera GTS AT 2013
    G1 I Panamera Turbo AT 2010-2013
    G1 I Panamera Turbo S AT 2012-2013
    G1 II Panamera Base AT 2014-2016
    G1 II Panamera S AT 2014-2016
    G1 II Panamera Turbo AT 2014-2016
    G1 II Panamera Turbo S AT 2014-2016
    G1 II Panamera GTS AT 2014-2016
    G2 I Panamera Base AT 2017-2018
    G2 I Panamera S AT 2017-2018
    G2 I Panamera Turbo AT 2017-2020
    G2 I Panamera Turbo ST AT 2018-2020
    Macan Macan Base AT 2017-2018
    Macan Macan S AT 2015-2018
    Macan Macan GTS AT 2017-2018
    Macan Macan Turbo AT 2015-2018

     

    SPORT+ CLASS VEHICLES

    In addition to the compensation described above, if you have a Class Vehicle that is also a Sport+ Class Vehicle, you will be eligible for an additional $250 after you complete the Sport+ Emissions Compliant Repair recall or submit a valid claim for the Sport+ Class Vehicle compensation (see Question 7). This Sport+ Class Vehicle compensation is paid on top of the compensation for Fuel Economy Class Vehicles and Other Class Vehicles described above. The table below lists the Sport+ Class Vehicles. To qualify as a Sport+ Class Vehicle your vehicle must be equipped with Sport+ Mode or PDK Sport Mode.

    Model Code Model Derivative Transmission Model Year(s)
    981 I Boxster/Cayman Base AT 2013-2016
    981 I Boxster/Cayman S AT 2013-2016
    981 I Boxster/Cayman GTS AT 2015-2016
    991 I Carrera Coupe/Cabrio/Targa Base AT 2012-2016
    991 I Carrera Coupe/Cabrio/Targa S AT 2012-2016
    991 I Carrera Coupe/Cabrio/Targa GTS AT 2015-2016
    991 I 911 GT3 AT 2014-2016*
    991 I 911 GT3 RS AT 2016
    E2 II Cayenne  GTS AT 2016-2018
    G1 II Panamera  Base AT 2014-2016
    G1 II Panamera  S AT 2014-2016
    G1 II Panamera  GTS AT 2014-2016
    G1 II Panamera  Turbo AT 2014-2016
    G1 II Panamera  Turbo S AT 2014-2016

    * Only 991 I GT3 vehicles with certain software versions are included in the Sport+ Class.

     

  • The Settlement is designed to compensate Class Members for driving vehicles for which the actual, on-road fuel economy may be up to 1-2 MPG less than was originally represented to consumers on the vehicle’s Monroney labels. Differences between the original and revised fuel economy ratings among the Class Vehicles resulted in different compensation amounts for each model and model year.

    The compensation available for Fuel Economy Class Vehicles consists of (1) the difference in cost for the amount of gasoline that would have been required under the original Monroney fuel economy label and the greater amount required under the adjusted fuel economy label, and (2) a goodwill payment of an additional 15% of those damages to account for the inconvenience associated with additional gas fill ups. The gasoline price used in the Settlement calculations is $3.97/gallon, based on an inflation-adjusted average nationwide price for premium fuel during the relevant time period. The Fuel Economy Class Vehicle compensation is available for the first 96 months after the vehicle was originally sold or leased (the full useful life of the vehicle), and the compensation is calculated on a monthly basis.

    For more information on the fuel economy difference in the Fuel Economy Class Vehicles, please see attachment Exhibit 3 to the Settlement Agreement.

  • You must submit a claim and basic supporting documentation to receive your Settlement cash compensation. If your vehicle is also a Sport+ Class Vehicle, you will receive the additional Sport+ compensation automatically after you obtain the Emissions Compliant Repair (see Question 7), but you must still submit a claim to receive the Fuel Economy or Other Class Vehicle Compensation.

    The online claims process takes only a few minutes to complete. To start your claim, please visit the File a Claim page, input your Vehicle Identification Number (VIN), and fill out the Claim Form. If you do not know your VIN, please check the driver’s side dashboard and/or driver’s side door post, which will contain the 17-digit VIN for your vehicle.

    You will also need to submit basic documentation to establish the period during which you own(ed) or lease(ed) your vehicle, including, for example (and depending on your particular circumstances), your:

    • Purchase agreement/lease contract; and
    • Sale agreement (if you sold the vehicle) or proof of most recent registration (if you currently own the vehicle)

     

    If you would prefer to submit your Claim Form and supporting documentation by mail, you can download and print forms from the Important Documents page or request a hardcopy form to be mailed to you by calling 1-888-681-2759. For faster claims processing, you should submit your claim online at the link below, rather than by mail.

     

    Submit claims online: File a Claim

    Submit claims via mail to:

    Porsche Gasoline Settlement
    c/o JND Legal Administration
    PO Box 91385
    Seattle, WA 98111

  • If you own a Sport+ Class Vehicle for which an Emissions Compliant Repair recall is available, you will be eligible for the $250 Sport+ Class Vehicle compensation once your vehicle receives the Emissions Compliant Repair. After you complete the Emissions Compliant Repair, you will receive an automatic $250 payment once Porsche confirms that your vehicle received the Emissions Compliant Repair.

    If you own a Sport+ Class Vehicle and an Emissions Compliant Repair does not become available for your vehicle, you must submit a claim to receive the $250 Sport+ Class Vehicle compensation. To submit a claim (see Question 6).

    The Claims Administrator will issue the Sport+ automatic payments on a rolling basis approximately every 6 months, and will include the $250 Sport+ Class Vehicle compensation with payment for your valid Fuel Economy or Other Class Vehicle claim, if applicable.

    Please note that the Sport+ Class Vehicle compensation is paid separately from the Fuel Economy and Other Class Vehicle compensation described above. Even though the Sport+ Class Vehicle compensation will automatically be paid to you after you receive the Emissions Compliant Repair for your Sport+ Class Vehicle, you must still submit a claim to receive the Fuel Economy or Other Class Vehicle Compensation.

  • You can submit your claim now, and must electronically submit or postmark it no later than November 7, 2022. This schedule may change, so please visit the Key Dates page regularly for updates. If your claim is missing information or necessary documentation, however, the Settlement Administrator will notify you that your claim is incomplete, and you will have an additional 60 days from the date you are notified to fix the deficiency.

    Class Members who do not submit a claim by the deadline will not receive Settlement compensation but will still be members of the Class and will release their claims.

    If your vehicle is also a Sport+ Class Vehicle, you must complete the Emissions Compliant Repair by December 30, 2023 to receive the automatic Sport+ Class Vehicle compensation. If an Emissions Compliant Repair is not available for your Sport+ Class Vehicle, you must submit a Sport+ Class Vehicle claim form (as described in Question 7) by December 30, 2023.

  • The Parties anticipate that the Settlement Administrator will begin issuing payments for valid claims for Fuel Economy and Other Class Vehicles after the claim deadline. When you submit your claim form, you may choose to receive your payment via check, PayPal, Venmo, or bank wire.

    The Settlement Administrator will begin issuing the automatic payments for Sport+ Class Vehicles with payments for valid Fuel Economy and Other Class Vehicle claims, and will continue to issue these automatic payments on a rolling basis. These automatic payments will be issued via check to the address of the registered owner who completed the Sport+ Emissions Compliant Repair or submitted a valid Sport+ Class Vehicle claim form. If you have a Sport+ Class Vehicle and prefer to have your payment issued via PayPal, Venmo, or bank wire, please complete a claim form to select your payment option (see Question 6 and Question 7).

  • While it is the intention of Class Counsel that any payments made as a result of the Settlement not be subject to taxation, you should consult a tax professional to assess the specific tax implications of any payment you may receive. A tax professional will help you understand the specific tax implications for you.

  • If there are any funds remaining in the Settlement fund after all valid, complete, and timely Claims are paid to Class Members, the remaining money may be redistributed, if feasible, to the Class Members who submitted valid claims. If it is not feasible and/or economically reasonable to distribute the remaining funds to Class Members, then the balance will be directed to environmental remediation efforts, subject to Court approval. This may include, for example, the purchase of greenhouse gas credits, environmental projects, and/or other, environmentally-focused recipients, as agreed by the Parties and approved by the Court.

    Please check the Home page regularly for updates regarding the status of any unclaimed funds after the claims period has ended.

  • You are receiving the Notice because you may be a member of the Settlement Class. The Court in charge of this case authorized the Notice because Class Members have a right to know about the proposed Settlement of this lawsuit, and to understand all of their options before the Court decides whether to approve the Settlement. The Notice summarizes the Settlement and explains Class Members’ legal rights and options under the Settlement.

    Judge Charles R. Breyer of the United States District Court for the Northern District of California is in charge of this case. The case is known as the “Porsche Gasoline Emissions case” and has been consolidated in the In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-2672. The people who sued are called the “Plaintiffs.” Porsche and Volkswagen are the “Defendants.”

  • A class action is a representative lawsuit. One or more plaintiffs (who are also called “class representatives”) sue on behalf of themselves and all other people with similar claims, who are not named, but are described in the class definition and are called “class members.” When a class action is settled, the Court resolves the issues in the lawsuit for all class members, except for those who request to be excluded from (or “opt out” of) the class. Opting out means that you will not receive benefits under the Settlement. The opt out process is described in Question 16.

  • In exchange for your payment from Defendants, you will give up your right to sue the Released Parties for the claims being resolved by the Settlement, and will give up your right to obtain compensation other than the value provided by the Settlement (see Question 15). The Settlement has no effect on claims concerning vehicles not included in the Settlement.

    Section 10 of the Settlement Agreement contains the complete text and details of what Class Members give up unless they exclude themselves from the Settlement, so please read it carefully. The Settlement Agreement is available at the Important Documents page. If you have any questions, you may talk to the law firms listed in Question 20 for free, or you may talk to your own lawyer at your own expense.

     

  • There are many claims for relief in this nationwide class action, including some claims that seek punitive damages. The list of claims starts at paragraph 143 of the Amended Consolidated Consumer Class Action Complaint, filed on January 15, 2021, in the Northern District of California. The Amended Consolidated Consumer Class Action Complaint is available at the Important Documents page. If you have any questions about the claims and remedies in the class action, you may talk to the law firms listed in Question 20 for free, or you may talk to your own lawyer at your own expense.

  • If you do not want to receive benefits from the Settlement, and you want to retain the right to sue the Defendants about the legal issues in this case, then you must take steps to remove yourself from the Settlement. You may do this by asking to be excluded—sometimes referred to as “opting out” of—the Settlement. To do so, you must mail or e-mail a letter or other written document to the court-appointed Settlement Administrator. Your request must include:

    • Your name, address, telephone number, and the VIN of your Class Vehicle;
    • A statement as to whether you own/owned or lease/leased the Class Vehicle, and the dates of your ownership or lease of the Class Vehicle (i.e., start date and, if applicable, end date of possession);
    • A statement that “I wish to exclude myself from the Class in Volkswagen/Audi/Porsche/Bentley Fuel Economy Class Action Settlement in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672)” or substantially similar clear and unambiguous language; and
    • Your personal signature and date (electronic signatures, including Docusign, are invalid and will not be considered personal signatures). Opt-out requests that are signed by an attorney but not by the Class Member are also invalid.

     

    Your exclusion request must be postmarked to Porsche Gasoline Settlement - Exclusions, c/o JND Legal Administration, PO Box 91323, Seattle, WA 98111 or e-mailed to info@porschegasolinesettlementusa.com no later than September 23, 2022, except that if you purchased a Sport+ Class Vehicle after June 29, 2022 and you wish to opt out only for that Sport+ Class Vehicle, you must submit signed written request (postmarked or e-mailed) within 30 days of purchasing the vehicle.

  • No. Unless you exclude yourself, you give up the right to sue the Defendants for all of the claims that the Settlement resolves and you will be bound by the Court’s orders and judgments, even if you do not file a claim.

  • No. If you exclude yourself, you will not get a payment from the Settlement.

  • The law of most states provides for various remedies if a claim is proved at trial and upheld on appeal. None of these can be predicted with certainty, and all take additional time. The Settlement is designed to provide benefits that are certain and not subject to the delay and risk of trial and appeal. If you opt out and pursue your own case, you will need to hire an attorney at your own expense, or represent yourself, and there is no guarantee that you will recover any compensation.

  • Yes. The Court previously appointed Lead Counsel to prosecute all consumer claims pending before Judge Charles R. Breyer as part of multidistrict litigation in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672). Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP is Lead Counsel and has been appointed Interim Settlement Class Counsel (“Class Counsel”) in this case. She can be contacted in that capacity at no charge to you at:

    Elizabeth Cabraser, Lead Counsel
    Lieff Cabraser Heimann & Bernstein, LLP
    275 Battery Street, 29th Floor
    San Francisco, CA 94111
    PorscheClassCounsel@lchb.com

  • No. Class Counsel will represent you for purposes of the Settlement at no charge to you. As explained in Question 22, any attorneys’ fees and costs awarded to Class Counsel by the Court will be paid from the Settlement fund. Please note, however, if you have been or are currently represented by your own lawyer, any money you may owe to your lawyer will not be covered by this Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense. It is possible that you will receive less money overall if you choose to hire your own lawyer to litigate against the Defendants rather than receive compensation from this Settlement.

  • Class Counsel will ask the Court to award attorneys’ fees of up to 30% percent of the Settlement fund and up to $1.1 million in expenses to compensate them for the work they performed in litigating this case and securing this nationwide Settlement for the Class. Class Counsel will also ask the Court to award each of the 34 proposed Settlement Class Representatives a service award of up to $250 for their work in this litigation. The Court must approve Class Counsel’s requests for fees, expenses, and Settlement Class Representative service awards, before it is paid from the Settlement fund.

    Class Counsel will submit their request by August 26, 2022, and that document will be available at the Important Documents page shortly after it is filed with the Court. Class Members will have an opportunity to comment on and/or object to the request for attorneys’ fees and expenses and Settlement Class Representative service awards, as explained further in Question 23.

    Please check the Important Documents page regularly for updates regarding Class Counsel’s request for attorneys’ fees and expenses.

  • If you do not exclude yourself from the Settlement, you may object to it. The Court will consider your views in deciding whether to approve or reject this Settlement. If the Court does not approve the Settlement, no settlement payments will be sent, and the lawsuit will continue. To comment on or to object to the Settlement or Class Counsel’s request for attorneys’ fees and costs and Settlement Class Representative service awards, you or your attorney must submit your written objection to the Court, including the following:

    • Your name, address, telephone number, and the VIN of your Class Vehicle;
    • A statement as to whether you own/owned or lease/leased the Class Vehicle, and the dates of your ownership or lease of the Class Vehicle (i.e., start date and, if applicable, end date of possession);
    • A statement saying that you object to the Porsche Gasoline Emissions Settlement in In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, No. 3:15-md-02672-CRB (N.D. Cal.) (MDL 2672)” or substantially similar clear and unambiguous language;
    • The reasons you object to the Settlement, along with any supporting materials;
    • A statement that you have reviewed the Class definition and have not opted out of the Class; and
    • Your signature and date.

    If you object through your own lawyer (hired at your own expense), your lawyer must comply with additional requirements contained in Section 8.2 of the Class Action Settlement.

    In addition, if you intend to appear at the final approval hearing (the “Fairness Hearing”), you must submit a written notice of your intent (see Question 25 and Question 27).

    You must mail your objection to all the addresses below postmarked no later than September 23, 2022:

    Court

    Clerk of the Court/Judge Charles R. Breyer
    Phillip Burton Federal Building & United States Courthouse
    450 Golden Gate Avenue
    San Francisco, CA 94102

    Class Counsel

    Elizabeth Cabraser
    Lieff Cabraser Heimann & Bernstein, LLP
    275 Battery Street, 29th Floor
    San Francisco, CA 94111

    Defense Counsel

    Sharon L. Nelles
    Sullivan & Cromwell LLP
    125 Broad Street
    New York, NY 10004

    Cari Dawson
    Alston & Bird LLP
    1201 W. Peachtree St. NE #4900
    Atlanta, GA 30309

  • You can object only if you do not opt out of the Class. Opting out is telling the Court that you do not want to be part of the Settlement, and you do not want to receive any payment from the Settlement. If you opt out, you have no basis to object to the Settlement by telling the Court you do not like something about it, because the case no longer affects you.

    If you object to the Settlement, you are expressing your views about the Settlement but remain a member of the Class (if you are otherwise eligible). If you make an objection, you must still submit a claim to receive compensation under the Class Action Settlement.

  • The Court will hold the final approval or “Fairness Hearing” on October 21, 2022, at 9:00 a.m. at the United States District Court for the Northern District of California, located at the United States Courthouse, 450 Golden Gate Avenue, 17th Floor, San Francisco, CA 94102, before determining whether to approve the Settlement and Class Counsel’s request for attorneys’ fees and costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Key Dates page or call 1-888-681-2759 for any updates to the hearing date, time or location. At this hearing, the Court will hear evidence about whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement and Class Counsel’s request for attorneys’ fees and costs. We do not know how long that decision will take.

  • No. Class Counsel will answer questions the Court may have. You are welcome to attend at your own expense. If you timely file an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You also may have your own lawyer attend at your expense, but it is not necessary.

  • You may ask the Court for permission to speak at the Fairness Hearing. The Court will determine whether to grant you permission to speak. To do so, you must file with the Court a written notice of your intent to appear. Be sure to include your name, address, telephone number, and your signature. Your notice of intention to appear must be filed or postmarked no later than August 26, 2022, and must also be sent to all of the addresses listed in Question 23.

  • The Notice summarizes the proposed Settlement. More details are available in the Settlement Agreement. You can get a copy the Notice, the Settlement Agreement, and other documents from this litigation at the Important Documents page. You may also write with questions to Porsche Gasoline Settlement, c/o JND Legal Administration, PO Box 91385, Seattle, WA 98111, or call 1-888-681-2759. You may also access the Court docket, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, 5th Floor, San Francisco, CA 94102.

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Mail
Porsche Gasoline Settlement
c/o JND Legal Administration
PO Box 91385
Seattle, WA 98111