If you wish to participate in the Volkswagen or Audi Goodwill Package programs, you must register for those programs directly with Volkswagen through their website. Your participation with their program is up to you.
According to the website for the VW Goodwill Package and the website for the Audi Goodwill Package, the deadline for registration is April 30, 2016. Participation in either one of those programs will not affect your legal case against the company related to the emissions scandal.
On November 16, 2015 the Honorable Jose L. Linares, a United States District Judge for the District of New Jersey, granted the following court order that ensures that arbitration language included in the fine print of the VW Goodwill Package cannot impact your legal right to a jury trial.
a. VW will not contend that any right claim or interest of any Plaintiff or putative class member is waived, released, or impaired by participation in, or use of, any feature of the Goodwill Package, nor will participation in the Goodwill Package be used in any manner in opposition to class certification;
b. The Prepaid Visa Loyalty Card Cardholder Agreement and the Volkswagen Dealership Card Cardholder Agreement are solely between the customer and MetaBank® (and its successors, affiliates or assignees). Affected customers eligible for the Goodwill Package are not required to waive their rights or release their claims against VW in order to receive the Package. No terms of the Cardholders Agreements will waive any eligible customer's rights against VW with respect to their 2.0L TDI vehicles.
c. VW will not seek to enforce any arbitration clause or class action waiver or jury trial waiver provision contained in the Prepaid Visa Loyalty Card Cardholder Agreement and/or Volkswagen Dealership Card Cardholder Agreement made available to Plaintiffs or putative class members with the Goodwill Package, even if the Plaintiff or putative class member signs, executes or is otherwise deemed to have assented to any other part of the agreement, document or communication. Nothing in this Stipulation shall waive, release or impair any affirmative defenses otherwise available to Defendant.
“Affected customers eligible for the Goodwill Package are not required to waive their rights or release or arbitrate their claims against Volkswagen Group of America in order to receive the Package.”
As such, Volkswagen owners affected by the diesel scandal should not be concerned about using the Goodwill Package in relation to a separate civil action against the company.
However, we urge you to pay careful attention to any documents you are asked to sign. If for any reason it appears to you that Volkswagen or the dealership are trying to get you to release your claims, waive your right to participate in a class action or agree to arbitration, contact us immediately.
On January 11, 2016, Volkswagen announced that they are extending the Goodwill Package to "AFFECTED 3.0L TDI OWNERS AND LESSEES," although the letter only specifically says "Touareg TDI vehicle" and does not mention Porsche or Audi 3.0 TDI vehicles.
For more information regarding Volkswagen's Goodwill Program, visit their websites:
https://www.vwdieselinfo.com/goodwill_package/
Audi's Goodwill Program
https://www.audiusa.com/about/diesel-information/a3-diesel/goodwill-package-eligibility
