– A VW Atlas class lawsuit claims that the 2018-2021 SUVs were sold with defective second-row seat locks that allow the seats to fold down.
Latches are required to fold down the second row seats to allow occupants to access the third row seats. In addition, the Atlas seats can be folded down to create more stowage space.
The Volkswagen Atlas class action lawsuit includes owners who say the automaker intentionally hid the alleged closure problems.
According to the Atlas lawsuit, the second row latch fails to secure the seats due to a defective design. During deceleration or in the event of a collision, the Atlas second row seats may fail to secure the seats that allow the seats to move forward.
This can presumably cause the second row occupants to slam into the front seats.
Plaintiffs argue that young children and infants are particularly susceptible to harm caused by alleged latch defects in accident events.
The Atlas class action also argues that seat restraints are supposed to last the life of the vehicles and owner’s manuals do not include information on servicing the restraints.
The Atlas class action was brought by Beatriz Tijerina, David Concepción, Gina Aprile, Theresa Gillespie, Talina Henderson, Diana Ferrara, Lauren Daly, Shane McDonald, Kasem Curovic, Christa Callahan, Erica Upshur, Johnnie Moutra and Jennifer Tolbert.
However, only David Concepción, Diana Ferrara and Lauren Daly claim that dealers have failed to fix the seat retainers.
Atlas class action refers to the Technical Service Bulletin (TSB) VIN-4-A-PIN-2019, NHTSA number 10158537, but the bulletin was just a list of various complaints made about Volkswagen models.
Entitled “Car Analysis List from Feb 26, 2019, Contact VW Service Line Before Attempting Repair,” says a 2018 VW Atlas “Customer claims second row seat makes noise while driving.”
According to the plaintiffs, Volkswagen should offer:
“Injunctive and fair compensation in the form of a comprehensive program to repair or replace the locking device in all vehicles in the class and / or buy back all vehicles in the class and to fully reimburse and compensate all class members for all costs and economic losses. “
The VW Atlas class action was filed in the United States District Court for the District of New Jersey: Tijerina, et al., V. Volkswagen Group of America, Inc., and others.
The applicants are represented by Seeger Weiss LLP, Carella, Byrne, Cecchi, Olstein, Brody & Agnello, PC and Hagens Berman Sobol Shapiro LLP.