Hawaii Volkswagen Class Action Lawsuit

If you currently own or lease one or more of the following 2.0-liter diesel automobiles, 

AND are a resident of the State of Hawaii, please read the following information.

VW Jetta (model years 2009-15)

VW Beetle (model years 2009-15)

VW Golf (model years 2009-15)

VW Passat (model years 2014-15)

Audi A3 (model years 2009-15)

Starn O’Toole Marcus & Fisher has filed a Hawaii consumer Class Action Lawsuit against Volkswagen  for deceiving Hawaii consumers regarding their vehicles through the use of a software “defeat device” to cheat on emissions standards tests.  The Class Action Lawsuit has been filed on behalf of all Hawaii consumers with affected vehicles, through class representatives. Hawaii has uniquely strong consumer protection laws that we are committed to use to pursue claims on behalf of Hawaii consumers. We have received many inquiries regarding this lawsuit, and invite you to contact us if you believe you may have an affected vehicle in Hawaii. 

IMPORTANT INFORMATION
FOR VOLKSWAGEN OWNERS AND LESSEES

You do not need to be a class representative to participate in the Class Action Lawsuit. Everyone who owns or leases one of the affected vehicles will be a class member if and when the class is certified by the court.  It is likely that everyone in the class will get the same remedy if the lawsuit is successful, it is also possible that recovery will differ depending on the make, model, year, price paid, and other circumstances related to your specific vehicle. You can provide us with your information without signing up to be a class representative, and we will keep you posted on progress and events in the case.

Frequent Questions & Answers

DID YOU RECEIVE MY INFORMATION?

• If you are receiving emails from Starn O’Toole Marcus & Fisher, your information has been received and is in our database.
• If you have recently sent information, we will be entering that information into our database as soon as possible.
• If you have sent an email or left a voicemail message for our legal team, please be patient. Our attorneys will respond to the emails and messages they receive.

AM I REPRESENTED BY STARN O’TOOLE MARCUS & FISHER?

• If you want to be considered for a class representative position for the Class Action Lawsuit, please contact us by phone at 808-537-6100, or by email at vwclassactionhawaii@starnlawcom.
• In a class action lawsuit like this one, when the case is first filed the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed. All of people in the class—consumers in Hawaii who own or lease affected vehicles—will be represented by us if and when the judge certifies our case as a class action, which can be done either through a settlement or prior to trial. Until the case is certified as a class action we will not have a formal attorney client relationship with you if we have not entered into a formal written engagement letter, but we will keep you posted about any material events in the lawsuit, and you may contact us to answer any questions you may have about the case if you are not represented by other attorneys regarding your claims.
• If you want to be kept informed, please complete this form.

WHY SHOULD I SIGN UP WITH STARN O’TOOLE MARCUS & FISHER?

• You can expect that our firm will fight vigorously for your rights as a Hawaii consumer, and press for your rights under Hawaii’s very strong consumer protection laws and keeping those specific Hawaii rights in focus as the case moves forward. Our firm is committed to hold Volkswagen responsible for this shocking and long-term fraud and deception.

HOW MUCH DOES IT COST?

• There is no cost or fee to you to be involved in the Class Action Lawsuit. In the event Starn O’Toole Marcus & Fisher or any other firm obtains a settlement or judgment that provides benefits to Class members, the Court will decide the payment of costs and a reasonable fee to be awarded to the lawyers. Any such fees and costs may be paid separately from damages by Volkswagen, or may be deducted from the class-wide settlement before funds are distributed to individual Class members. No Class member will be asked to pay any money to the Class lawyers.

ABOUT THE CASE

• This Class Action Lawsuit is brought on behalf of Hawaii consumers who purchased or leased Volkswagen or Audi vehicles equipped with the TDI CleanDiesel engine system or its equivalent determined to have a “defeat device” (“Class members”) Starn O’Toole Marcus & Fisher will seek for each Class member damages under Hawaii’s strong consumer protection laws for Volkswagen’s use of the illegal defeat device in the affected vehicles, and its fraud on Hawaii consumers in selling these vehicles as environmentally friendly and compliant. The damages sought may include 3 times the damages suffered including the purchase price of the vehicle, the premium paid over the price of an equivalent vehicle with a gasoline engine, additional costs incurred as a result of using the vehicle, the cost of future repairs, and the loss of value suffered by the vehicle, among other things.
• How does a class action work? In a class action, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the case to be decided after presenting the facts related to representative plaintiffs’ experiences. This way, the rights of similarly affected people—here, consumers in Hawaii who currently own or lease affected vehicles—can be decided more efficiently and without every person having to pursue their own individual cases with the court. If a judgment for liability is entered, or if the case is settled, a judgment or settlement amount is obtained to pay for everyone’s damages, and the payments are distributed to all Class members based on a manner determined by the Court to be fair and reasonable.
• Because of the large number of cases that have been filed against Volkswagen, the cases will be sent to a “multi-district litigation” court for pretrial proceedings to be handled along with similar cases filed in other states. That court will appoint lead counsel, but if Starn O’Toole Marcus & Fisher is not lead counsel that does not mean that you are not part of the class action, and we will undertake to keep you advised of major developments in the case as and when they occur.
• As and when a class is certified by the court, if you fit the description of the class, you will become a Class member (unless you opt out), and any recovery obtained will be for the benefit of you and other Class members if and when you file a proper proof of claim.
• There will be a hearing to decide where the cases will be consolidated for pretrial purposes and what judge will preside over the litigation and the assigned judge will decide which firms will be in charge of the litigation. Soon after that the litigation will begin with motions practice and discovery with the assigned judge. There will likely be no major developments from the Class member perspective for at least 4-6 months after these appointments.

TIMING

• Cases like this can take time, and could take one to three years or more to resolve. It is likely, however, that there will be an resolution by way of settlement before trial given early indications from Volkswagen.

CAN I SPEAK WITH VOLKSWAGEN?

• As a Class member, you are not prevented from negotiating your own resolution with Volkswagen, but any such resolution may or may not mean you can also participate in the Class Action lawsuit.
• If you have engaged Starn O’Toole Marcus & Fisher and Volkswagen offers to repair your car or pay you, our legal team would be happy to discuss your choices with you.