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Volkswagen Tiguan engine problems caused a class action lawsuit that will move forward in court but not in the way desired by the owners who sued.
According to the lawsuit, the 2022-2023 Tiguans allegedly burn too much oil due to a lack of piston ring tension which allows engine oil into the combustion chambers of the TSI engines.
Three Volkswagen Tiguan engine class action lawsuits were filed (Scott Worthington v. Volkswagen, Stacy Zeiders and Calvin Westlund v. Volkswagen, Maria Lydia Martinez v. Volkswagen) and consolidated into one.
The original Tiguan oil consumption class action was filed in December 2024 by two customers, Stacy Zeiders and Calvin Westlund. Both complained their SUVs burned too much oil which required the plaintiffs to add engine oil between oil changes.
Volkswagen says its oil consumption standard is “up to 0.5 quarts per 600 miles, or 0.5 liters per 1000 km.”
The two owners returned to dealers to have more oil added to the Tiguans. However, VW dealers must conduct oil consumption tests to determine if the Tiguan EA888 2.0-liter TSI engines are having problems.
Both Tiguans owned by the plaintiffs were in the midst of oil consumption testing when the plaintiffs paid $405 to file the class action lawsuit for more than $5 million.
Even though the dealer was performing the oil consumption test and wasn’t finished, plaintiff Westlund complained “the dealership has been unable to provide Plaintiff with proper assistance or remedy.”
The Tiguan owned by plaintiff Zeiders was still in phase two of the oil consumption test when she sued, complaining “the dealership was unable to provide Plaintiff with proper assistance or remedy.”
However, the Volkswagen Tiguan engine class action lawsuit is down to seven states after the judge dismissed nationwide claims. And lead plaintiff Zeiders has bailed out and voluntarily dismissed all claims.
VW Tiguan Engine Class Action — No Nationwide Lawsuit
Volkswagen argues nationwide claims should be dismissed because the plaintiffs don’t have standing to sue on behalf of unnamed Tiguan owners in states in which customers “have suffered no injury.” But the plaintiffs contend this argument is premature, as numerous courts have found.
The judge admits the courts are all over the place with this important decision. Many class actions are filed by just one customer from one state on behalf of all customers in the country and a judge will allow it. But in other cases a judge will dismiss all the claims from all states except for the one state where the customer resides.
So it’s a roll of the dice on how a judge views things.
In this VW Tiguan engine class action, the judge ruled in favor of Volkswagen which reduces the lawsuit to the states of Delaware, Georgia, Pennsylvania, New York, Maryland, Illinois and Minnesota.
“Although some courts have held a plaintiff may have standing to assert claims as a proposed named class representative on behalf of unnamed plaintiffs arising under the laws of states where the plaintiff neither resides nor alleges to have suffered any injury, which should be reviewed under Rule 23, this Court has declined to hold same.” — Judge Brian R. Martinotti
Volkswagen didn’t do so well with other claims that will move forward in court. VW told the judge the plaintiffs fail to establish their Tiguans are likely to use too much oil in the future, meaning the plaintiffs allegedly fail to establish they are “likely to suffer a future injury.”
However, the judge disagreed with Volkswagen.
In another claim that will proceed, the Tiguan engine class action asserts the judge or a jury should “compel” Volkswagen to recall all 2022-2023 Tiguan SUVs due to alleged oil consumption problems.
But VW’s argument is simple. Vehicle recalls are the domain of only automakers and the National Highway Traffic Safety Administration, not judges or juries.
According to Volkswagen, safety recalls fall under the Federal Motor Vehicle Safety Act and no judge or jury has the authority to “compel” a Tiguan recall.
As with the subject of nationwide claims, Judge Martinotti admits there is a split among district courts within the third circuit regarding a court compelling an automaker to issue a recall. To attempt to force a recall means the authority of the Federal Motor Vehicle Safety Act would be under the authority of a state judge or jury.
This could possibly lead to a safety recall, but only for Tiguans in certain states and erasing federal authority over safety defects determined by trained safety regulators.
But the judge ruled in favor of the plaintiffs by finding:
“As neither the Supreme Court nor the Third Circuit has held the Federal Motor Vehicle Safety Act preempts state law remedies, this Court declines to do so.”
The remaining Tiguan oil consumption claims will proceed for customers in Delaware, Pennsylvania, Georgia, New York, Maryland, Illinois and Minnesota.
The VW Tiguan TSI engine class action lawsuit was filed in the U.S. District Court for the District of New Jersey (Newark Vicinage): Zeiders, et al., v. Volkswagen Group of America, Inc., case number 2:24-cv-11197-BRM-JSA.
The plaintiffs are represented by Shub Johns & Holbrook LLP, Sauder Schelkopf, and Lemberg Law, LLC.
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