Overview of Bosch Claims and Settlement
Following announcements regarding the installation of emissions software in certain 2009-2016 Volkswagen, Audi and Porsche vehicles equipped with diesel engines, a number of class actions were commenced across Canada (the “Emissions Claims”). The Emissions Claims were already the subject of two court-approved settlements with Volkswagen, Audi and Porsche with respect to certain 2L diesel vehicles (the “2L Settlement”) and 3L diesel vehicles (the “3L Settlement")(collectively, the “2&3L Settlements”). The 2&3L Settlements have been implemented, and extensive benefits were made available to owners and lessees of the affected vehicles. A separate action was brought against the manufacturer of the emissions software, Robert Bosch GmbH (the “Bosch Action”).
The parties to the Bosch Action have entered into the Bosch Settlement to resolve all Emissions Claims advanced by Bosch Settlement Class Members against Bosch with respect to the VW, Audi and Porsche vehicles at issue in the 2L Settlement or 3L Settlement. The Bosch Settlement is over and above any benefits already paid in connection with those prior settlements, and was approved by the Ontario Superior Court of Justice (the “Court”) on September 22, 2020.
Bosch will pay the all-inclusive amount of CAD $9,270,000 in exchange for a final release of the Emissions Claims of Bosch Settlement Class Members, and other related provisions. A full copy of the Bosch Settlement can be viewed here.
Who are the Bosch Settlement Class Members?
Subject to some exclusions*, you are a Bosch Settlement Class Member (and the Bosch Settlement applies to you) if:
For a list of Excluded Persons*, see FAQ#2.
Why does this matter to me, and what happens next?
Some but not all Bosch Settlement Class Members who received benefits in the 2L Settlement or in the 3L Settlement may be eligible to receive additional benefits under the Bosch Settlement. Some but not all of those persons who are eligible to receive settlement benefits may need to make a claim, while others should expect to receive direct payments.
The categories of Bosch Settlement Class Members who eligible to receive settlement benefits under the Bosch Settlement are:
Direct Claimants (do not need to submit a claim for benefits):
Eligible 3L Gen 2 Lessee, Eligible 2L Seller and Eligible 3L Seller (collectively, the “Direct Claimants”) will receive an automatic, direct payment that will be mailed to them by cheque to the last known contact information associated with the 2L Settlement or the 3L Settlement. If you are a Direct Claimant, you DO NOT HAVE TO SUBMIT A CLAIM in order to receive benefits.
At this stage, it is anticipated that payments will be made to Direct Claimants by May 8, 2021. If you believe you are eligible to receive a direct payment, but did not receive one by June 7, 2021, you may contact the Claims Administrator at [email protected] or toll-free at 1-866-723-8776 . Note however that if you were eligible to receive, but for some reason did not receive a benefit pursuant to the 2L Settlement or the 3L Settlement, you will not be eligible to receive a benefit pursuant to the Bosch Settlement.
If you are an Eligible 2L Extended Warranty Claimant, you MUST SUBMIT AN EXTENDED WARRANTY CLAIMS to the claims administrator in order to receive benefits. The deadline to submit an Extended Warranty Claim is April 8, 2021.
Answers to frequently asked questions can be found here.