Executive Summary of Final 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
Robert Bosch GmbH and Robert BoschLLC (“Bosch”) have reached a settlement (the“Bosch Settlement”) with counsel for the consumer class related to allegationsthat defeat device software was installed to bypass emissions standards incertain 2.0-liter and 3.0-liter diesel vehicles manufactured by Volkswagen,Audi and Porsche.
The Bosch Settlement is part oflitigation called In re Volkswagen “CleanDiesel” Marketing, Sales Practices, and Products Liability Litigation, CaseNo. 3:15-md-02672-CRB (“MDL 2672”), in the United States District Court for theNorthern District of California. The lawsuit is sometimes referred to as the“Clean Diesel Cases.” Claims against the Volkswagen, Audi and Porschedefendants 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 inaddition to the VW Settlements. The Bosch Settlement provides additionalcompensation to vehicle owners, former owners, lessees and former lessees,including reseller dealers, (“VW Class Members”) who filed or will fileapproved claims in the VW Settlements. The Bosch Settlement also provides theopportunity for compensation to certain VW Class Members who opted out of orwho are otherwise not participating in the VW Settlements.
The following diesel engine vehicles (“Eligible Vehicles”) areincluded 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 toparticipate in the Bosch Settlement if you are or were a class member in eitheror both of the VW Settlements, even if you opt out of or opted out of one orboth of them.
If you don’t want to receivecompensation through the Bosch Settlement, the date by which you must excludeyourself (opt out of) the Bosch Settlement is April 14, 2017.
Benefits to ClassMembers
Boschwill pay $327.5 million to resolve all claims of consumers and reseller dealersthat are pending in the Clean Diesel Cases. The lawyers representing the classwill seek attorneys’ fees of a maximum of 16% of the Bosch Settlement fund plusexpenses, but the Court must approve any fees and expenses before they arepaid.
Class members in the VW Settlements whose claims in thosesettlements are approved or will be approved in the future and who do notexclude themselves from this Bosch Settlement will automatically receive a cash payment via a check in themail.
For more information about the VW Settlements, including whetheror not you can participate, please go to www.VWCourtSettlement.com. For moreinformation about this Bosch Settlement visit www.BoschVWSettlement.com.
Those who did not, and do not in the future, file a claim ineither of the VW Settlements, including anyone who opted out of either or bothof the VW Settlements or who did not timely register as an Eligible Seller inthe 2.0-liter Class Action Settlement or Eligible Former Owner in the 3.0-literClass Action Settlement, must file a separate claim form to receive a paymentfrom this Bosch Settlement. The deadline for Eligible Sellers and EligibleFormer Owners who did not file claims in the VW Settlements to file a claimform is May 1, 2017. The deadlinefor 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 governmentagency whose mission is to prevent business practices that are anticompetitive,or deceptive or unfair to consumers. Acting as an independent third party tothe litigation between Class Counsel and Bosch, the Commission’s counsel metwith Bosch and directed an allocation of the Bosch Settlement fund amongmembers of the Bosch Settlement Class that Commission counsel would recommendthat the Commission accept. The FTC required that the parties accept itsallocation, so the Settlement depended upon the parties accepting the FTC’sdetermination. Bosch tendered a final offer consistent with this allocation andClass 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 asfollows:
(i) An Eligible Ownerof 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 andfiled an approved claim for the Eligible Vehicle, or if an Eligible Lessee hasidentified himself or herself and filed an approved claim for the EligibleVehicle, the Eligible Owner will receive $175.
(ii) An EligibleSeller in the 2.0-liter Class Action Settlement who has identified himself orherself and filed an approved claim will receive $175.
(iii) An Eligible Lessee in the 2.0-liter Class ActionSettlement will receive $200.
(iv) An Eligible Owner of an Eligible Vehicle in the3.0-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 ClassAction Settlement will receive $1,200.
The abovepayments are net payments to Class members. They will not be reduced byattorneys’ fees or expenses.
Theentire Bosch Settlement fund, plus any interest, will be distributed over thecourse of the settlement process through a combination of one or more paymentsto 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 theend of the claims process, the parties may request that the Court approve cy pres payments (generally payments toa charity or charities related to the terms of a settlement) if it is not administrativelyand/or economically feasible to distribute the remaining money pro rata to the Bosch Settlement Classmembers.
This notice is only a summary of the Bosch Settlement. Thefull details of the Bosch Settlement are available online at www.BoschVWSettlement.com.