Executive Summary of Proposed Bosch Class Settlement Program
BOSCH SETTLEMENT INQUIRIES
If you have questions about the settlement of claims against Robert Bosch GmbH and Robert Bosch LLC, please use the following resources. Please do not contact the Court with settlement-related inquiries.
- Settlement website: www.BoschVWSettlement.com
- Class Counsel Email: firstname.lastname@example.org
- Class Counsel Phone: 1-800-948-2181
- Claim Center Number: 1-844-305-1928
View Court documents filed in support of the proposed settlement.
Robert Bosch GmbH and Robert Bosch LLC (“Bosch”) have reached a settlement (the “Bosch Settlement”) with counsel for the consumer class related to allegations that defeat device software was installed to bypass emissions standards in certain 2.0-liter and 3.0-liter diesel vehicles manufactured by Volkswagen, Audi and Porsche.
The Bosch Settlement is part of litigation called In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No. 3:15-md-02672-CRB (“MDL 2672”), in the United States District Court for the Northern District of California. The lawsuit is sometimes referred to as the “Clean Diesel Cases.” Claims against the Volkswagen, Audi and Porsche defendants also have recently settled (the “2.0-liter Class Action Settlement” and “3.0-liter Class Action Settlement,” together the “VW Settlements”).
The Bosch Settlement is in addition to the VW Settlements. The Bosch Settlement provides additional compensation to vehicle owners, former owners, lessees and former lessees, including reseller dealers, (“VW Class Members”) who filed or will file approved claims in the VW Settlements. The Bosch Settlement also provides the opportunity for compensation to certain VW Class Members who opted out of or who are otherwise not participating in the VW Settlements.
The following diesel engine vehicles (“Eligible Vehicles”) are included in the Bosch Settlement:
|2.0-LITER CLASS VEHICLES|
|Volkswagen Jetta TDI||2009-2015|
|Volkswagen Jetta SportWagen TDI||2009-2014|
|Volkswagen Beetle TDI||2012-2015|
|Volkswagen Beetle Convertible TDI||2012-2015|
|Audi A3 TDI||2010-2015|
|Volkswagen Golf TDI||2010-2015|
|Volkswagen Golf SportWagen TDI||2015|
|Volkswagen Passat TDI||2012-2015|
|3.0-LITER CLASS VEHICLES|
|Audi A8, A8L||2014-2016|
|Porsche Cayenne Diesel||2013-2016|
You are eligible to participate in the Bosch Settlement if you are or were a class member in either or both of the VW Settlements, even if you opt out of or opted out of one or both of them.
If you don’t want to receive compensation through the Bosch Settlement, the date by which you must exclude yourself (opt out of) the Bosch Settlement is April 14, 2017.
Benefits to Class Members
Bosch will pay $327.5 million to resolve all claims of consumers and reseller dealers that are pending in the Clean Diesel Cases. The lawyers representing the class will seek attorneys’ fees of a maximum of 16% of the Bosch Settlement fund plus expenses, but the Court must approve any fees and expenses before they are paid.
Class members in the VW Settlements whose claims in those settlements are approved or will be approved in the future and who do not exclude themselves from this Bosch Settlement will automatically receive a cash payment via a check in the mail.
For more information about the VW Settlements, including whether or not you can participate, please go to www.VWCourtSettlement.com. For more information about this Bosch Settlement visit www.BoschVWSettlement.com.
Those who did not, and do not in the future, file a claim in either of the VW Settlements, including anyone who opted out of either or both of the VW Settlements or who did not timely register as an Eligible Seller in the 2.0-liter Class Action Settlement or Eligible Former Owner in the 3.0-liter Class Action Settlement, must file a separate claim form to receive a payment from this Bosch Settlement. The deadline for Eligible Sellers and Eligible Former Owners who did not file claims in the VW Settlements to file a claim form is May 1, 2017. The deadline for class members who opted out of the VW Settlements to file a claim form is August 15, 2017.
The Federal Trade Commission (“FTC”) is an independent government agency whose mission is to prevent business practices that are anticompetitive, or deceptive or unfair to consumers. Acting as an independent third party to the litigation between Class Counsel and Bosch, the Commission’s counsel met with Bosch and directed an allocation of the Bosch Settlement fund among members of the Bosch Settlement Class that Commission counsel would recommend that the Commission accept. The FTC required that the parties accept its allocation, so the Settlement depended upon the parties accepting the FTC’s determination. Bosch tendered a final offer consistent with this allocation and Class Counsel accepted that allocation.
- Persons eligible to participate in the 2.0-liter Class Action Settlement will receive a total of $163,267,450, to be shared among 2.0-liter Class Members as set forth below.
- Persons eligible to participate in the 3.0-liter Class Action Settlement will receive a total of $113,264,400, to be shared among 3.0-liter Class Members as set forth below.
The Bosch Settlement funds will be allocated to individual Class members as follows:
(i) An Eligible Owner of an Eligible Vehicle in the 2.0-liter Class Action Settlement will receive $350, except that if an Eligible Seller has identified himself or herself and filed an approved claim for the Eligible Vehicle, or if an Eligible Lessee has identified himself or herself and filed an approved claim for the Eligible Vehicle, the Eligible Owner will receive $175.
(ii) An Eligible Seller in the 2.0-liter Class Action Settlement who has identified himself or herself and filed an approved claim will receive $175.
(iii) An Eligible Lessee in the 2.0-liter Class Action Settlement will receive $200.
(iv) An Eligible Owner of an Eligible Vehicle in the 3.0-liter Class Action Settlement will receive $1,500, with three exceptions:
- If an Eligible Former Owner has identified himself or herself and filed an approved claim for the Eligible Vehicle in the 3.0-liter Class Action Settlement, the $1,500 payment will be split equally ($750 each) between the Eligible Owner and the Eligible Seller.
- An Eligible Owner will also receive $750 if an Eligible Former Lessee has identified himself or herself and filed an approved claim for the Eligible Vehicle in the 3.0-liter Class Action Settlement.
- If two Eligible Former Owners have identified themselves and filed approved claims for the Eligible Vehicle in the 3.0-liter Class Action Settlement, the $1,500 will be split among the Eligible Owner and the two Eligible Former Owners, with $750 going to the Eligible Owner and $375 each to the two Eligible Former Owners.
(v) An Eligible Lessee in the 3.0-liter Class Action Settlement will receive $1,200.
The above payments are net payments to Class members. They will not be reduced by attorneys’ fees or expenses.
The entire Bosch Settlement fund, plus any interest, will be distributed over the course of the settlement process through a combination of one or more payments to Bosch Settlement Class members, and if approved by the Court, payment of attorneys’ fees and expenses from the settlement. If any money remains in the fund at the end of the claims process, the parties may request that the Court approve cy pres payments (generally payments to a charity or charities related to the terms of a settlement) if it is not administratively and/or economically feasible to distribute the remaining money pro rata to the Bosch Settlement Class members.
This notice is only a summary of the Bosch Settlement. The full details of the Bosch Settlement are available online at www.BoschVWSettlement.com.