VW Appealing Denial of Its Motion to Compel 3G Telematics Claims to Arbitration

Volkswagen Group of America is appealing to the 3rd U.S. Circuit Court of Appeals a district court's March 19 opinion and order denying without prejudice its motions to compel the 3G telematics claims of five plaintiffs to arbitration and to dismiss their claims (see 2403200038), said its notice of appeal Monday (docket 2:22-cv-06230). The plaintiffs allege that VWGofA, distributor of VW and Audi vehicles in the U.S., knew well in advance of AT&T’s decision to terminate its 3G wireless service, yet did nothing to modernize its in-vehicle telematics equipment and kept car-buying consumers in the dark about it. Because the affirmative defense of arbitrability isn't apparent on the face of the amended complaint, the motion to compel arbitration must be denied pending limited discovery, U.S. District Judge Esther Salas for New Jersey in Newark said in her opinion.