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A Volkswagen suction jet pump lawsuit alleges a 2024 recall wasn’t good enough to repair all the defects in these vehicles.
- 2015-2020 Volkswagen Golf
- 2015-2020 Audi A3
- 2021-2024 Volkswagen Taos
A VW suction jet pump recall was announced in 2016 because of fuel odors in the vehicles and problems when trying to refuel the vehicles.
In October 2022, VW issued warranty extensions (AWA-22-12 & VWP-22-12) for the fuel tank suction jet pump in 2015-2020 Audi A3 / Volkswagen Golf and 2019-2020 Jetta GLI vehicles for 15 years or 150,000 miles, whichever comes first.
The warranty extension repair is the replacement of the fuel tank, and the new fuel tank includes an improved suction jet pump.
But in December 2023, the National Highway Traffic Safety Administration opened an investigation into the 2016 recall because owners continued to complain about the vehicles.
Audi and VW owners complained about fuel leaks, fuel odors and gas pump nozzles that shut off while refueling. Owners also complained about fuel spitting back out of the tanks.
In February 2024, another VW suction jet pump recall was announced because a seal in the suction jet pump was allowing fuel to leak into the evaporative emissions systems. From there, gas could leak through the charcoal canister filter elements.
VW said about 1% of the recalled vehicles may have had suction jet pump problems and although a fire was possible, no fires had occurred.
The government closed its VW suction jet pump investigation in July 2024 based on the Volkswagen recall and repairs.
VW Suction Jet Pump Recall Lawsuit
The lawsuit alleges even though Volkswagen knew before the vehicles were first sold that they were dangerous and could catch fire, the automaker covered up what it knew and decided to market and sell the vehicles instead of repairing the suction jet pumps before the vehicles were sold.
The suction jet pump lawsuit wasn’t filed until after the automaker announced the recall in 2024. Volkswagen argues the class action should be tossed based on the doctrine of “prudential mootness.”
Volkswagen says the 2024 recall completely took care of all supposed legal damages claimed by the five vehicle owners who sued.
Additionally, the recall included reimbursements for expenses if a vehicle owner paid their own money for suction jet pump repairs. And the recalls and repairs are under the eyes of federal regulators at the National Highway Traffic Safety Administration.
In addition, NHTSA opened a federal investigation into the suction jet pump problems and then closed the investigation based on VW’s 2024 recall.
It’s NHTSA which is responsible for tracking and ensuring the recall repairs are good enough, but the judge allowed the class action to continue because the five customers complain the recalls are not good enough.
According to the judge, she must accept the allegations as true.
“In deciding a motion to dismiss pursuant to Rule 12(b)(6), a district court is required to accept as true all factual allegations in the complaint and draw all reasonable inferences from those allegations in the light most favorable to the plaintiff.”
The plaintiffs complain there are multiple defective components not included in the recall, including “various connector hoses and lines,” “the fuel injector,” “various leak detection pumps and sensors, connector lines/hoses, and a vapor canister.”
On top of those, the VW class action alleges the entire fuel system is defective and improperly designed.
“Thus, the Court lacks discretion to dismiss Plaintiffs’ legal claims under the doctrine of prudential mootness.” — Judge Karen M. Williams
As of now, the VW suction jet pump recall lawsuit will continue for customers in Connecticut, Florida, Hawaii, Missouri and New Jersey. However, the judge dismissed nationwide claims without prejudice which allows the plaintiffs to modify and refile their class action if they choose.
Although two suction jet pump recalls have been issued, the plaintiffs assert Volkswagen must “issue a voluntary recall for the Class Vehicles,” “repair and eliminate the Suction Pump Defect from every Class Vehicle,” and “reform their warranty.”
The vehicle owners who sued are:
- Jagger Hardy / Florida / 2015 Volkswagen GTI SE
- Nancy Pickett / Missouri / 2022 Volkswagen Taos
- Geri Darrow / Florida / 2019 Volkswagen GTI
- Luis Viteri / New Jersey / 2015 Volkswagen Golf
- Andrew Montemayor / Hawaii / 2016 Audi A3
The Volkswagen suction jet pump recall lawsuit was filed in the U.S. District Court for the District of New Jersey: Hardy, et al., v. Volkswagen Group of America, Inc., et al.
The plaintiffs are represented by Berger Montague PC, and Capstone Law APC.