Volkswagen CC Tire Cupping Class Action Lawsuit Settlement

VW agrees to settle CC tire wear lawsuit by offering tire rotations and partial reimbursements.

Volkswagen CC Tire Cupping Class Action Lawsuit Settlement

Posted in News

— Volkswagen has agreed to settle a CC tire cupping class action lawsuit, but affected CC customers shouldn't expect any repairs to the suspensions, shocks or struts.

The lawsuit includes 2009-2017 Volkswagen CC vehicles that suffer from uneven tire wear known as "cupping."

The class action lawsuit says replacing the tires, performing alignments and rotating the tires are a waste of time because all the CC cars have faulty suspensions, shocks and struts which cause the tire cupping and alignment problems.

However, no part of the settlement provides for any repairs or replacements of the suspensions, shocks or struts.

According to the proposed settlement agreement, eligible Volkswagen CC customers may be able to receive two free tire rotations and partial reimbursements for purchases of specific tires and tire rotations. Owners must also provide documentation showing maintenance schedules were followed according to the owner's manuals.

The class action lawsuit was consolidated from two lawsuits, both filed by the same attorneys: Wilson v. Volkswagen, and Martino v. Volkswagen.

According to the lawsuit, CC owners complain about areas of the tires that have "scoops" caused by defective suspensions and defective shocks and struts.

Owners report paying hundreds and even thousands of dollars to replace the tires and align the vehicles. CC owners further say the defects in the vehicles cause new replacement tires to wear, leading to constant tire replacements, rotations and alignments.

Volkswagen denies any wrongdoing and argues the CC vehicles are not defective.

Although the plaintiffs and Volkswagen have agreed to the following settlement terms, a federal judge still needs to approve the settlement.

Volkswagen CC Tire Rotations

If the settlement is made final, a current owner or lessee will receive up to two free tire rotations to be performed at the recommended tire rotation intervals by a VW dealer until the CC vehicle reaches original odometer mileage of 110,000 miles.

According to the proposed lawsuit settlement, customers should continue to have their tires rotated in accordance with the intervals recommended by the manufacturer of the tires.

Customers should "not redeem a certificate for a free tire rotation at a time prior to reaching the tire manufacturer’s recommended tire rotation mileage interval from the mileage on the vehicle at the last rotation of said tires."

Partial Tire Replacement Reimbursement (Within 35,000 Miles of Tire Usage)

VW CC customers who submit qualified claims will be entitled to "pro rata reimbursement" for certain past tire replacement expenses incurred and paid for prior to the effective date of the CC tire cupping settlement, and within 35,000 miles of use of the replaced tires.

According to the settlement, the tires must have been “OE Continental ContiProContact tires” with dimensions of 235/45R17 or 235/40R18, 94 load index and H speed rating used as original equipment on the vehicle.

In addition, the tires may also be "relevant tires" with the same dimensions as the ContiProContact tires (235/45R17 or 235/40R18) and the same or higher load index (94) and speed rating (H) as the OE Continental ContiProContact tires.

The partial reimbursements are based on the following formula: "(1 – (tire mileage/35,000)) x (cost of replacement tire)."

Reimbursement is limited to a maximum of $209 for each qualifying 235/45R17 replacement tire, and $254.00 for each qualifying 235/40R18 replacement tire.

The settlement terms provide the following example.

"As an example, if, prior to the Effective Date of the Settlement, an OE Continental ContiProContact Tire or tire having the Relevant Tire Specifications was replaced due to Qualifying Tire Wear at 21,000 miles of use after the tire was installed on the Settlement Class Vehicle, and the replacement cost paid by the Settlement Class Member was $200.00, and the Settlement Class Member submits the proof and satisfies the terms and conditions set forth in this Agreement, then the Settlement Class Member would receive a pro rata reimbursement in an amount calculated as follows: (1 – (21,000/35,000)) x ($200.00) = $80.00."

Partial Tire Rotation Reimbursement (Within 9,000 Miles of Tire Usage from the Last Tire Rotation)

The settlement agreement provides the following example concerning reimbursement for tire rotations.

"As an example, if, prior to the Effective Date, a Settlement Class Vehicle had a tire rotation performed at 6,000 miles after the last tire rotation of the same tires, at a cost of $45.00, and the Settlement Class Member submits the proof and satisfies the terms and conditions set forth in this Agreement, then the Settlement Class Member would receive a pro rata reimbursement in an amount calculated as follows: (1 – (6,000/9,000)) x ($45.00) = $15.00."

Any reimbursement is limited to a maximum of $56.00 for each qualifying tire rotation.

For customers to receive any of the above benefits, multiple conditions must be met. A CC owner or lessee won't qualify for reimbursements if any tire exhibits "a blowout, puncture, laceration, cut, or similar damage to the tire from an external source."

In addition, any "tire wear caused by accident, crash, road hazard, an external source, racing or improper operation or maintenance, including but not limited to improper inflation, improper load, improper speed, misalignment, improper mounting/demounting" does not qualify for coverage.

The settlement agreement also says, "any reimbursement shall be reduced by any warranty, carefree maintenance, goodwill, coupon, reimbursement, refund or other concession for the tire replacement paid or provided by an authorized Volkswagen dealership, tire manufacturer or supplier..."

Attorneys representing VW CC customers will receive $7.7 million.

The plaintiffs are represented by Podhurst Orseck P.A., Kreher & Trapani, LLP, and Pogust Braslow & Millrood, LLC. has complaints about Volkswagen CC cars and many other VW models.