— A Volkswagen Atlas seat latch settlement has been granted final approval, with one "benefit" of the settlement a free online video which shows Atlas owners how to correctly use the latches.
Volkswagen has argued from the beginning how the seat latches are not defective and any alleged problems were caused by customers who did not read how the seat latches function.
Filed about four years ago, the class action lawsuit alleges 2018-2024 VW Atlas SUVs are equipped with second row seat latches that Volkswagen knew were dangerous and defective. VW supposedly knew the seat latches were defective before the vehicles were even sold, but the automaker purportedly didn't warn consumers.
The lawsuit says second row seat occupants are thrown forward when the Atlas slows down because the seats are not properly latched. And in many cases, those second row seats hold children.
The Atlas owners who filed the class action told the judge Volkswagen should be forced to repair or replace all the seat latches, and/or buyback all 2018-2024 VW Atlas SUVs.
According to Volkswagen, many customers who complained about the seat latches didn't complain about defective latches, but the complaints said customers didn't understand how the latches worked.
"We feel that the [red] pop up indicator located on the top of the seat is an inadequate means to inform the driver that the seat is not properly secured to the floor. We missed this very important indicator on two occasions now. At minimum, this very technical vehicle should alert the driver before driving (similar to the seatbelt notification) with both an oral and visual alert that the seat is not properly secured to prevent this from happening to other owners or users of the vehicle." — VW Atlas seat latch complaint
Volkswagen argued there was no need to repair latches that worked perfectly fine, but the judge allowed the class action to continue in court which convinced VW to finally settle the matter.
VW Atlas Seat Latch Settlement
The Atlas owners who sued may have wanted Volkswagen to repair or replace the latches or even buyback the SUVs, but they settled for a free video, warranty extension and reimbursement if they paid money to repair the latches.
Volkswagen created a free instructional video to show customers how to properly use the latches the plaintiffs claim are defective, and the video is part of the seat latch settlement. The video explains the apparently confusing "red indicator" at the top of the seat.
The settlement also says the VW Atlas second row seat latching mechanism will be warrantied for 10 years or 100,000 miles from the date the Atlas first went into service.
A Volkswagen dealer must diagnose a failed Atlas seat latch, but the warranty will not apply if the seat latch failure was caused by "damage, abuse, alteration, modification, collision or crash, vandalism, and/or other impact or damage from outside sources."
The VW Atlas seat latch settlement also says reimbursement is available if the owner paid to repair or replace the seat latch unless VW already reimbursed them or the expenses were covered by an insurance company or extended warranty.
According to the Atlas seat latch settlement, these SUV owners who filed the class action lawsuit will receive $2,500 each:
Beatriz Tijerina, David Concepcion, Gina Aprile, Theresa Gillespie, Diana Ferrara, Lauren Daly, Shane McDonald, Kasem Curovic, Christa Callahan, Erica Upshur, Johnnie Moutra, Jennifer Tolbert, Derek Lowe, Phillip Hooks, and Delia Masone.
The lawyers representing Atlas customers will receive $4,000,000.
The VW Atlas seat latch settlement was finalized in the U.S. District Court for the District of New Jersey: Tijerina, et al., v. Volkswagen Group of America, Inc., et al.
The plaintiffs are represented by Carella, Byrne, Cecchi, Brody & Agnello, P.C., Hagens Berman Sobol Shapiro LLP, and Seeger Weiss LLP.