VW Did Nothing to Upgrade Vehicle Telematics for 3G’s Sunset, Say Plaintiffs

None of the "attacks" from defendant Volkswagen Group of America against the 3G telematics claims of the four plaintiffs in the two consolidated class actions “can earn a dismissal,” said the plaintiffs’ memorandum of law Tuesday (docket 2:22-cv-05896) in U.S. District Court for New Jersey in Newark in opposition to VWGoA’s motion to dismiss (see 2306200001). VWGoA vehicles were factory-equipped with 3G-only telematics devices, but by 2014, 4G LTE was replacing 3G, said the memorandum. VW knew “of imminent new generations of wireless technology and could have manufactured telematics adaptable to the next generation,” it said. There was no disclosure “or even suggestion” that VW’s roadside services “would be rendered obsolete once 3G was phased out” or that those features “were only temporary or had only a limited life,” it said. As for the vehicle model years after 4G became prevalent, VWGoA “never disclosed that its equipment was one generation behind the standard,” it said.