Case name:
Audi Canada – Defective Passenger Occupant Detection System (PODS) Class Action
Quebec Superior Court file #:
500-06-001170-212
Violations:
The Plaintiff leased a 2020 Audi A3 in September of 2020. In May of 2021, the Plaintiff received the Recall Letter from Audi Canada Inc. titled “IMPORTANT SAFETY RECALL”, Transport Canada’s Recall # 2021-169, Audi Recall 69BY.
The Recall Letter informs Audi drivers that the “recall repair is not yet available” (i.e. more than 7 months after the recall) and warns them to “stop using the front passenger seat and make arrangements to have the vehicle inspected/repaired at an Audi dealership as soon as possible”. The problem is that Audi cannot yet repair its Defective Vehicles and has refused to provide a loaner vehicle or to compensate the Plaintiff for the loss of use of her 2020 Audi A3. The Plaintif alleges that the delay of 7 plus months during which Audi has not repaired the Defective Vehicles is unreasonable within the meaning of section 39 of the Consumer Protection Act.
Proposed Class:
All persons who purchased and/or leased one or more of the of the following Audi vehicles recalled under Transport Canada Recall # 2021-169 because of the defective Passenger Occupant Detection System (“PODS”) manufactured, distributed, supplied, wholesaled and/or imported by Audi:
- Audi A3 (model years 2016 to 2020)
- Audi A3 E-TRON (model years 2016 to 2018)
- Audi RS3 (model years 2018 to 2020)
- Audi S3 (model years 2016 to 2020)
(hereinafter the “Defective Vehicles”)
Remedies sought:
This class action is claiming from Audi compensatory damages in an amount to be determined and punitive damages in the amount of $5,000.00 per Class Member.
Status:
Pending authorization hearing.
