Starn O'Toole Marcus & Fisher A Law Corporation

Hawaii Volkswagen Class Action Lawsuit

If you are a class action representative or member of the class of the Hawaii Consumer Class Action Lawsuit filed against Volkswagen by Starn O’Toole Marcus & Fisher, please read the following update.

If you did not register with Starn O’Toole Marcus & Fisher, and you own or lease one of the affected vehicles, you were automatically made a class member when the class was certified by the court.

On July 26, 2016, Judge Breyer granted preliminary approval of the proposed settlement regarding the 2.0 liter Volkswagen and Audi diesel vehicles only, model years (2009-2015) listed in the chart below. The settlement was reached in conjunction with regulators from several different agencies (federal and state) and includes significant and ground-breaking penalties and conditions to be met by Volkswagen to address the environmental harm that it caused.

We recommend visiting, for a better understanding of the goals and details of the settlement. Under the settlement, individual Class members have 3 options, the details of which are included in the documents and can be reviewed online at In summary, they are (1) the buy-back option; (2) the “fix” option; and (3) the opt-out option.

Owners and lessees of Volkswagen and Audi 3.0 liter diesel engines are not covered in this proposed Settlement but discussions are ongoing with regard to those 3.0 vehicles and also regarding the claims against Bosch. On July 14, 2016, the California Air Resources Board (CARB) rejected Volkswagen’s plan to fix 3.0 liter diesel engines installed in affected Volkswagen, Audi and Porsche models but the work continues.

The proposed consumer program for 2.0 liter diesel owners and lessees must be finally approved by the court in October but the claims process is beginning now. You will be able to begin the process as early as today by inputting your information into the claims website set up by Volkswagen.

Each affected owner will receive a restitution payment of at least $5,100 and a choice between:

A. Buyback of your car (or early lease termination) + (restitution) cash


B. Modification to your car to improve emissions, keeping your car + (restitution) cash

The following 2.0 Liter diesel engines included in the proposed settlements:

VW Beetle (2013-2015)

VW Golf (2010-2015)

VW Jetta (2009-2015)

VW Passat (2012-2015)

Audi A3 (2010-2013, 2015)

Read the Amended Order

Read more about the case

For more information contact Starn O’Toole Marcus & Fisher at 808-537-6100, or email us at


Is my vehicle included in the proposed settlement?

This helpful link requests your vehicle identification number (VIN). Simply enter the VIN and eligibility will be confirmed of your vehicle is included in the proposed Settlement.

When will the proposed Settlement be confirmed?

Preliminary approval was granted on July 26, 2016. Judge Breyer has encouraged consumers to comment on the proposed settlement but, again, before you do please read the transcript of today’s hearing. The hearing on final approval is scheduled for October 18, 2016.

An extensive notice plan will begin to launch on July 26, 2016, which will include mailing an announcement of the specific terms of the settlement(s) to owners and lessees. You will also see the announcement in the media (both television, newspapers) and social media.

After the notice period, the Judge will decide whether to grant final approval, his decision is to be issued on October 18, 2016.

When will emissions modifications be available?

Volkswagen has engineered an emissions modification for the 2.0 liter diesel engine models listed above, which must be approved by the Environmental Protection Agency (“EPA”) and CARB, before the modifications are made available. It appears this has been essentially accomplished and will be made public as part of the notice process.