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A Volkswagen Atlas class action lawsuit settlement has been preliminarily approved after owners complained the second row seat latches have been defective and dangerous since before the SUVs were first sold.
The class action lawsuit settlement includes 2018-2024 VW Atlas vehicles allegedly equipped with second row seats that spontaneously lurch forward and slam occupants, often younger children, into the seats in front.
The lawsuit, filed nearly four years ago, argues the seat latching device fails when an Atlas driver slows down.
Volkswagen produced 70,111 pages of information for the Atlas class action and told the judge the second row seat latches were not defective. According to VW, owners were not properly securing the seats and latches.
Some Atlas owners who complained admitted they did not use the latches correctly, yet they placed the blame on Volkswagen.
One Atlas owner who filed a complaint with the government said the second row seat moved forward twice with their child in the seat. In this complaint, the Atlas owner said Volkswagen should provide second row seat latch warnings similar to seat belt warnings.
“We feel that the 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 complaint made to NHTSA
The owners who filed the class action wanted Volkswagen to create a “comprehensive program to repair or replace the Latching Device in all Class Vehicles, and/or buyback all Class Vehicles….”
They settled for much less.
VW Atlas Seat Latch Lawsuit Settlement
Volkswagen denies all the allegations in the class action and insists there is nothing defective about the seats or seat latching mechanisms.
The settlement provides an insert to add to the owner’s manual and a link to watch a video so an Atlas owner can view the proper way to use the second row seat latch.
Volkswagen Atlas owners have been mailed the inserts which contain warnings and instructions about how to correctly use the seat latches that the plaintiffs claim are defective. And the settlement provides directions to watch a video (here) about how to properly use the Atlas second row seats and latches.
In addition, Volkswagen will extend the warranty for the second row seat latching mechanism to cover the cost of repair or replacement by a Volkswagen dealership. The warranty extension is for 10 years or 100,000 miles from the date the Atlas went into service.
A 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.”
And according to the seat latch settlement, an Atlas owner who paid their own money for a prior second row seat latch repair or replacement may be eligible for reimbursement.
An Atlas customer may be reimbursed for one repair or replacement of a failed second row seat latching mechanism unless the owner has already been reimbursed by VW, an insurance company, extended warranty, etc.
According to the Atlas seat latch lawsuit settlement, these owners who sued 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 those owners will receive $4,000,000.
Although the Atlas seat latch lawsuit settlement has been granted preliminary approval, the judge must still grant final approval to the settlement. A final fairness hearing is scheduled for August 27, 2025.
The VW Atlas second row seat latch lawsuit was filed 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.