— An Audi gateway control module lawsuit settlement has been reached and preliminarily approved after three Audi owners claimed a recall wasn't good enough.
The Audi gateway control module class action lawsuit argues the automaker should recall the vehicles again, or "remove, repair, and/or replace the Class Vehicles’ with suitable alternative product(s) that do not contain the defects...."
The three owners also wanted Audi to reform its warranty and notify all owners about the new version of the warranty.
However, those plaintiffs settled for much less.
According to the Audi gateway control module lawsuit settlement, certain customers may be eligible for reimbursements if they paid their own money for repairs or replacements.
The Audi class action lawsuit includes these vehicles.
- 2018-2022 Audi Q5
- 2018-2022 Audi SQ5
- 2021-2022 Audi Q5 Sportback
- 2021-2022 Audi SQ5 Sportback
In December 2021, Audi recalled nearly 289,000 model year 2021-2022 Audi Q5 Sportback, SQ5 Sportback, 2018-2022 Audi Q5 and SQ5 vehicles with gateway control modules that may shut down.
Audi said the gateway control module, located under the back seat, could get wet from spills in the seat. The module could also get wet through an underbody seam of the vehicle.
"The gateway control module has a safety concept in case implausible signals are detected in the control unit. If such implausible signals are detected, the gateway switches off its function in order to avoid unwanted vehicle reactions. The vehicle remains steerable and the brake system is fully operable. The engine goes into emergency mode and remains in operation with reduced power." — Audi
Although the recall was announced, the gateway control module lawsuit alleges the recall won't properly repair the Audi vehicles.
Audi dealers were told to install protective covers on the gateway control modules and seal the underbody seams. But the gateway control module lawsuit contends the vehicles will still be at risk of losing power and stalling.
Audi Gateway Control Module Lawsuit Settlement
Audi denies any wrongdoing and denies all allegations and claims in the class action lawsuit. But the automaker agreed to offer gateway control module reimbursements to settle the class action.
According to the lawsuit settlement, an Audi customer can be reimbursed for out-of-pocket expenses for repairs if the gateway control module repairs have not already been reimbursed by Audi.
The following conditions apply, and customers are required to file claim forms along with supporting documentation.
If the Audi gateway control module repair was performed prior to March 18, 2022, the customer will be entitled to 100% of their paid out-of-pocket expenses.
If the repair was performed on or after March 18, 2022, the customer can receive 100% of their paid out-of-pocket expenses provided the customer provides proof that recall 90S9 was performed on the vehicle prior to the repair.
If the customer cannot provide this proof, the customer must submit a "signed declaration attesting, under penalty of perjury, that Recall 90S9 was not performed prior to the Covered Repair because that Settlement Class Member was not notified of Recall 90S9 prior to the Covered Repair, and Audi records do not show otherwise."
If a non-Audi dealership made gateway control module repairs, the customer must provide proof they first attemped to have a dealer perform the repair, "but the dealer declined or was unable to perform the repair free of charge."
In this situation, a customer may be reimbursed up to $1,450.
The Audi gateway control module lawsuit was filed by plaintiffs Meghan Gioffe (Connecticut), Melissa Anido (Florida) and Alan Wurzelbacher (Illinois).
The three Audi customers who sued expect to receive $5,000 each, and the attorneys who represented those owners will receive $425,000.
The Audi class action lawsuit final fairness hearing will be held May 15, 2023.
The Audi gateway control module lawsuit was filed in the U.S. District Court for the District of New Jersey: Gioffe, et al., v. Volkswagen Group of America, Inc., et al.
The plaintiffs are represented by Berger Montague.