The Case Just Got Smaller
The lawsuit against the 2022–2023 Volkswagen Tiguan over alleged excessive oil consumption has received a new update in court. According to Car Complaints, a judge dismissed the nationwide class action and narrowed the case to seven states: Delaware, Georgia, Illinois, Maryland, Minnesota, New York, and Pennsylvania.
By limiting the class-action lawsuit to fewer states, fewer owners could potentially be covered, resulting in a smaller payout and reduced financial risk for Volkswagen. The German marque argued that the plaintiffs cannot sue on behalf of Tiguan owners in other states because they “have suffered no injuries,” though the plaintiffs claimed that argument was premature. As the latest development shows, the court sided with the automaker.
Under the Hood
For context, the plaintiffs argue that the 2.0-liter EA888 TSI engines in their 2022–2023 Tiguan SUVs burn too much oil due to insufficient piston ring tension, allowing oil to enter the combustion chamber. As a result, carbon builds up and oil levels drop faster, increasing maintenance and repair costs for owners while potentially affecting the vehicles’ resale values.
While the nationwide class action has been narrowed, Volkswagen is still facing challenges in the case. The company argued that the plaintiffs failed to establish that their vehicles are likely to consume excessive amounts of oil in the future, but the judge disagreed.
Another claim asks the court to “compel” Volkswagen to issue a recall to fix the issue. The automaker pushed back, arguing that no judge or jury has the authority to order a recall, since that responsibility falls to the National Highway Traffic Safety Administration.
The Recall Debate
If a recall were eventually issued, it would cost Volkswagen, as safety campaigns require free repairs and often reimburse owners who already paid out of pocket to fix the problem. It would also deal the brand a reputational blow, especially as it is already facing recalls of its all-electric ID.4 over reports of vehicles potentially catching fire, even when parked.
While the case continues to develop, the EA888 TSI is also found in other Volkswagen models, such as the Jetta GLI, as well as in Audi vehicles, such as the Q3 and Q5. The engine was also the subject of a separate lawsuit over premature turbocharger failures, often caused by wastegate corrosion. That case was already settled in late 2025.
