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Date: 12-08-2023

Case Style:

Emily Dack v. Volkswagen Group of America, Inc. et al.

Case Number: 4:20-cv-00615

Judge: Roseann Ketchmark

Court: United States District Court for the Western District of Missouri (Jackson County)

Plaintiff's Attorney:

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Defendant's Attorney: Amir Nassihi, Homer B Ramsey, Mark A. Weissman, Mark A. Weissman Robert T. Adams

Description: Kansas City, Missouri consumer law lawyers represented the Plaintiffs who sued the Defendants on Magnuson-Moss Warranty Act Violations claiming $5 million in damages.

Plaintiffs were current and former owners or lessees of model year 2015-2019 Volkswagen vehicles equipped with the "Front Assist" feature ("Class Vehicles"). According to the Complaint, Volkswagen describes Front Assist as follows:

Forward Collision Warning and Autonomous Emergency Braking (included in Front Assist) has a sensor in the front to help monitor traffic and can alert you to a potential collision. If the driver brakes too lightly in response to an audible and visual warning, Autonomous Emergency Braking (included in Front Assist) can increase braking pressure to help avoid or mitigate the impact of an impending collision. If the driver does not brake at all, the car can apply the brakes automatically.

Plaintiffs brought this action against Defendants Volkswagen Group of America, Inc. and Volkswagen, AG (collectively, "Volkswagen") alleging a manufacturing defect, including defective software coding, that causes Front Assist to unexpectedly apply the brakes without reason at inappropriate times. Plaintiffs allege Volkswagen knew of the defect in October 2017 but failed to disclose it to consumers. Plaintiffs also allege they sought repairs from Volkswagen, but were told Front Assist was working as it was designed and thus no repair was available.

The fourteen Named Plaintiffs assert claims on behalf of themselves and similarly situated individuals under the applicable state laws of Missouri, California, Florida, Illinois, Massachusetts, New York, North Carolina, Pennsylvania, Utah, and Kansas for violation of consumer protection laws, breach of warranty, breach of implied warranty, and unjust enrichment, and under federal law for violation of the Magnuson-Moss Warranty Act (MMWA). Plaintiffs
sought damages and injunctive relief requiring Volkswagen to repair, recall, or replace the Class Vehicles and to correct their advertisement of Front Assist.

Outcome: 12/07/2023 72 MOTION to certify class Plaintiffs' Memorandum of Law in Support of Their Motion for Preliminary Approval of Class Action Settlement filed by Tim Eugene Dollar on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/21/2023 unless otherwise directed by the court. (Dollar, Tim) (Entered: 12/07/2023)
12/07/2023 73 NOTICE of filing Declaration of Bonner Walsh by Brandon Barlow, Sarah Norris Barlow, Tony Carrillo, Chris Cates, Emily Dack, Matthew Dorton, Roger Doyle, Kim Hauser-Hensley, Jonathan Jones, Jacob Miller, Larry Pike, Ashley Pulver, Mark Pulver, Chad Ritterbach re 72 MOTION to certify class Plaintiffs' Memorandum of Law in Support of Their Motion for Preliminary Approval of Class Action Settlement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Dollar, Tim) (Entered: 12/07/2023)

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