Volkswagen suction pump recall alleges ‘frivolous’ lawsuit

December 7, 2024 — The Volkswagen Suction Injection Pump recall should reportedly be enough to end the class-action lawsuit.

The Audi and Volkswagen class action lawsuit involves suction injection pumps used to clear fuel from evaporative emissions (EVAP) systems. If the pump fails, fuel can accumulate in the EVAP system and leak through the canister filter.

This can cause problems such as fuel spillage or premature stoppage of the fuel nozzles when refueling, as well as fuel odor in the vehicle.

The class action lawsuit includes the following vehicles:

• 2015-2020 Volkswagen Golf

• 2015-2020 Audi A3

• 2021-2024 Volkswagen Daos

Volkswagen’s first recall for suction injection pumps was issued in 2016 and affected the 2015-2016 Volkswagen Golf, Volkswagen Golf SportWagen, Volkswagen GTI, Audi A3 and A3 Convertible.

For 2022, Volkswagen is extending the suction injection pump warranty (AWA-22-12 and VWP-22-12) on 2015-2020 Volkswagen Golf and 2015-2020 Audi A3 vehicles to 15 years or 150,000 miles.

But in December 2023, the National Highway Traffic Safety Administration launched a “recall inquiry” into the 2016 Volkswagen suction injection pump recall.

Audi and Volkswagen owners continue to complain about fuel odors and leaks, with owners also reporting fuel pump nozzles shutting off prematurely and fuel spitting out of the tank when refueling.

Then in February 2024, Volkswagen issued a second recall for suction injection pumps because a seal within the fuel tank could allow fuel to flow into the evaporative emissions (EVAP) system and potentially leak from the charcoal canister.

The National Highway Traffic Safety Administration (NHTSA) has ended a recall inquiry based on the second recall of Volkswagen’s suction injection pumps.

Motion to Dismiss Volkswagen Suction Pump Lawsuit

Volkswagen argued that the suction injection pump recall made the class action unnecessary and that the five customers allegedly lacked standing to sue. Additionally, Volkswagen said all claims should be dismissed as they are “cautiously moot” and because the court “is unable to provide any relief that has not already been provided.”

Five plaintiffs filed a class-action lawsuit, with Volkswagen claiming that recall repairs were provided free of charge to all affected vehicles, including those owned by plaintiffs Jagger Hardy, Andrew Montemayor, Geri Darrow and Luis Viteri.

The fifth plaintiff, Nancy Pickett, filed the lawsuit on behalf of herself and other owners and lessees of 2022-2024 Volkswagen Tais vehicles. But VW argued her claims had to be dismissed because they were not related to the suction injection pump problem or the recall.

According to the motion, Volkswagen has already conducted two suction pump recalls, with the second recall involving the replacement of an earlier version of the pump with a newer version.

Volkswagen also argued that customers have received full relief because of the extended warranty and would be fully reimbursed if they paid out-of-pocket for suction injection pump repairs.

The Volkswagen suction injection pump lawsuit was filed in the U.S. District Court for the District of New Jersey: Hardy et al. v. Volkswagen Group America, Inc. et al..

The plaintiff is represented by Berger Montague PC and Capstone Law APC.