As the Diesel Emits: Volkswagen Comes To An Agreement With Dealers Over Compensation

Volkswagen and their U.S. dealers have had a tense relationship since the diesel emission scandal broke. From the departure of Michael Horn to dealer meetings where tough questions were being asked to Volkswagen executives. But it seems some progress is being made on repairing it. 

In a statement released today, Volkswagen announced they have reached an “agreement in principle” with its dealers over compensation for losses due to the diesel emission scandal. According to Automotive News, the preliminary agreement will see dealers get a cash payout within 18 months from a settlement fund. The payout for each dealer will be determined by a formula that is currently being worked out. Volkswagen has also agreed to purchase "“unfixable, used” diesel vehicles from dealer inventory under the same terms as buyback offers for consumers".

This settlement comes after a group of Volkswagen dealers filed a lawsuit against the German automaker back in April.

The settlement is still being finalized and will need to get the approval of U.S. District Judge Charles Breyer in San Francisco before anything else can happen. Volkswagen says they hope to have everything finalized by September.

“We believe this agreement in principle with Volkswagen dealers is a very important step in our commitment to making things right for all our stakeholders in the United States,” said Hinrich J. Woebcken, CEO of the North American Region, Volkswagen in a statement.

Source: Automotive News (Subscription Required), Volkswagen

Press Release is on Page 2

Volkswagen and VW-Branded Franchise Dealers in the U.S. Reach Agreement in Principle to Resolve Diesel Litigation

Herndon, VA - August 25, 2016 - Volkswagen Group of America, Inc. (“Volkswagen”) today announced it has reached an agreement in principle to resolve the claims of VW-branded franchise dealers in the United States relating to TDI vehicles affected by the diesel matter and other matters asserted concerning the value of the franchise. Volkswagen has agreed to make cash payments and provide additional benefits to the dealers to resolve alleged past, current and future claims of losses in franchise value. Volkswagen and the dealers’ counsel will now work to finalize details of the proposed settlement, including how to apportion payments to dealers in the appropriate manner.

Details of the agreement in principle are still under discussion and are expected to be finalized at the end of September. Any proposed agreement will become effective only after approval by the Court, and the parties have agreed to keep further terms confidential as they work to finalize the agreement. Under the agreement, Volkswagen will consent to the certification – for settlement purposes only – of a class of VW-branded franchise dealers in the United States as of an agreed date. 

“We believe this agreement in principle with Volkswagen dealers is a very important step in our commitment to making things right for all our stakeholders in the United States,” said Hinrich J. Woebcken, CEO of the North American Region, Volkswagen. “Our dealers are our partners and we value their ongoing loyalty and passion for the Volkswagen brand. This agreement, when finalized, will strengthen the foundation for our future together and further emphasize our commitment both to our partners and the U.S. market.”

Steve Berman, Managing Partner of the dealers’ counsel Hagens Berman, said, “Our clients recognized the best solution would be one that not only allows them to recoup lost franchise value and continue to employ thousands of American workers, but one that also charts a strong course for the recovery of the Volkswagen brand in the United States.”  Berman added, “Now that there is a path forward for dealers, they can continue to work proactively to take great care of their customers, who are also VW customers.”

The plaintiffs filed the initial complaint against Volkswagen on April 6, 2016, in the U.S. District Court for the Northern District of Illinois. The litigation was subsequently transferred to the multidistrict proceedings in the U.S. District Court for the Northern District of California.