Alright VW owners out there – let's clear the air of some confusion you might feel.
Those of you with diesel cars that can defeat emissions tests might be wondering what to do next. Do you still drive your car? Do you sue VW? Will you be a part of a class action lawsuit filed against the company? There are more than 100 right now.
Professor Georgene Vairo at Loyola Law School joins the show to explain the basics of how this could play out for consumers, and how long it could take.
What do I have to do to join a class action suit?
"You actually don't have to do anything," says Vairo. "The class actions that have been filed already cover everyone in the country who owns a TDI."
The numerous cases will eventually consolidate into one unified case, and that process will take weeks as lawyers jockey to be the lead and the courts decide where the case will be heard.
How will they get the information to contact me?
The lawyers will try to get notices out based on databases provided to them by Volkswagen or dealers.
"Everybody gets so many class action notices and they find themselves in the garbage. Here, look out to see if it's from Volkswagen because if it is, it may require you to do something."
How long could a resolution take?
It depends.
Vairo says lawyers may wait until the government concludes its own investigation because authorities will be able to get information and documents much faster.
That information can then be helpful in bolstering the case of the people filing the class action suit.
For how long it case could take, look to the litigation against Toyota for its faulty accelerators. That dealt with the depreciated value of a car, and it took years.
"The difference is that VW acknowledged there was a problem, unlike Toyota," says Vairo. "I would think that VW would want to get this behind them as soon as possible."
Am I eligible if I bought an affected car used?
The lawyers will try to make sure everyone who bought a VW is encompassed, including owners of used vehicles.
"It's possible they'll come up with subclasses [of owners affected], but the damages are basically the same whether you bought it new or used."
If I buy a VW diesel vehicle now, am I still eligible to be part of a class action suit?
You would, but VW will most likely fix the problem in the vehicle before you drive it off the lot.
What if I want to bring my own suit against VW instead of joining a class action?
"It probably wouldn't make any sense," says Vairo. "Your damages aren't going to come anywhere close to paying your legal bills."
You do have a right to object to a settlement, however, but you need to look for notices to know what's going on. It possible you can lobby for a fairness hearing, too, where you object to try and get more.
"For example, California drivers could argue that they get more than Nevada drivers because California's consumer protection laws are greater."
You may also consider filing a small claims case against VW if you want to obtain more than what could be in the settlement.