Milberg Class Action Pumps the Brakes on VW Atlas Defects

Volkswagen owners have filed a class action lawsuit alleging that the brakes on their Atlas and Atlas SUV Cross Sport SUVs are defective. The plaintiffs are looking to establish a nationwide class and state subclasses of VW owners or lessees who have experienced squealing, grinding, and erratic function of their vehicles’ braking systems.

Milberg attorneys Leland Belew, Alex Straus, and Mitchell Breit are representing the plaintiffs and the class members.

Which VW Atlas Vehicles Are Part of the Lawsuit?

The following vehicles are named in the lawsuit:

• Volkswagen Atlas – Model Years 2021 – 2023
• Volkswagen Atlas Cross Sport – Model Years 2021 – 2023

What is the alleged defect?

Eight Volkswagen owners/lessees from California, Illinois, and New York filed a class action complaint claiming braking issues with their Volkswagen Atlas vehicles. The alleged defects include:

• Squealing, squeaking, and screeching noises (referred to in the complaint as the “Screeching Defect”);
• A grinding, metal-on-metal rubbing noise sometimes accompanied by vibrating and scraping sensations that can be felt in the brake pedal (the “Grinding Defect”);
• Activation of the vehicle’s proximity alert system (i.e., parking aid sensors) even when there are no objects within the vehicle’s immediate vicinity (the “Proximity Alert Defect”); and
• Inconsistent braking that at times slips and feels “spongy” and “grabby” (the “Erratic Function Defect”).

The complaint collectively refers to these defects as the “Brake Defect.” It claims the Brake Defect presents a number of safety concerns, such as loud noises that can startle and distract drivers and cause them to change their braking habits to mitigate the noises, resulting in inconsistent and unreliable braking performance, including “overbraking” and “underbraking.”

The Brake Defect distracts Class Members, other Vehicle drivers, and third parties on the road, endangering their physical safety and well-being due to a loss of concentration and focus while driving. Similarly, nearby pedestrians hear the loud braking noise then pay attention to the noise rather than having their full attention on other hazards in their path.

In the complaint, plaintiffs Robert and Jacqueline Wright, Jennifer Segarini, Catherine Wilson, Andreas Zembrzycki, Edward Norris, Edward Pishchik and Wamidh Jawad describe some of the braking issues they have experienced.

• Within days of purchasing a new vehicle Mr. and Mrs. Wright say their 2023 Atlas began to intermittently exhibit squealing, squeaking, screeching, and metal-on-metal grinding noises, as well as inconsistent braking function, when they applied the brakes. A service technician at the VW dealership told them these problems were “pretty common” but there was no remedy other than new brakes.
• Ms. Segarini reported signs of a brake defect in her leased 2021 VW Atlas to a local dealership but was allegedly told that not even replacing the brake pads would resolve her concerns.
• Ms. Wilson bought a certified pre-owned 2021 Atlas Cross Sport that exhibited brake squealing and grinding. She says the dealership dismissed her concerns but later informed her the brakes were so badly worn they needed to be replaced. The repair cost her $800 but did not fix the issues.
• Mr. Norris purchased a 2022 Atlas that he claims had several signs of the Brake Defect, including a loud grinding sound during braking, that the local VW dealership told him on several occasions were “entirely normal,” even though on other occasions service technicians agreed the loud sounds were not normal. Attempts to resolve the Brake Defect have not been successful.

The complaint cites violations of warranty and consumer protection laws and alleges that Volkswagen was aware of the brake problems but failed to offer an effective remedy.

Have There Been Other Complaints About VW Atlas Braking?

The plaintiffs accuse Volkswagen of failing to address these defects despite numerous consumer complaints. Their accounts of VW Atlas braking problems match incident reports submitted to the NHTSA. For example:

• A complaint regarding a 2021 Atlas, dated 8/1/2022, states: “Brakes are making loud squeaking and grinding noises when brake is applied at low speeds. It feels like the entire braking system is about to fall apart. Took the vehicle to the Volkswagen dealership and they said Volkswagen brakes are known to make noise.”
• A NHTSA complaint about a 2022 Atlas, dated 10/26/2022, describes brakes that “are very squeaky and sound like grinding metal when in use. This happens every day for the past year regardless of weather or moisture. Most recently they have started skipping. I can feel the break pedal pulsing as if the brakes are bouncing and the car ‘skids’”.
• A consumer told NHTSA in January 2024 that the brakes on their 2023 Atlas Cross Sport “are exhibiting behavior that is not normal for a car of this size and relatively young age (miles). Measurably loud brake noise…leave concern on overall safety of brake system based on unexpected behavior of vehicle braking system.”

Has There Been a VW Atlas Recall?

No recall has been issued regarding the alleged braking defect in the 2021 – 2024 Atlas and Atlas Cross Sport models. However, Volkswagen did issue a recall of 2024 Atlas vehicles due a defect in the brake master cylinder. The defect can reportedly cause reduced brake performance and brake failure that could increase the risk of a crash.

Who Can Join the VW Atlas Brake Defect Lawsuit?

Anyone who purchased or leased a 2021 – 2024 VW Atlas and/or VW Atlas Cross Sport is automatically eligible to join this class action.

The case has been filed in U.S. District Court for the Central District of California, where it is awaiting class certification. Learn more about the class action lawsuit process.

Does it cost anything to join the lawsuit?

Eligible class members do not have to pay anything or hire a lawyer to join the VW Atlas braking defect lawsuit. Milberg attorneys are handling the case on behalf of the plaintiffs and the class members and will only get paid if and when there is a settlement or verdict, at which point class members can receive an equitable share of the payout.

Milberg’s Automotive Practice Group has filed class action lawsuits against some of the largest car manufacturers in the world—including GM, Hyundai, VW, Subaru, and Nissan—that have resulted in hundreds of millions of dollars and other benefits for vehicle owners.

The Group’s Mitchell Breit was recently named one of The Best Lawyers in America in the area of class actions. In 2023, the Group reached a settlement with VW involving a group of consolidated Volkswagen sunroof class actions.