This is not a done deal by any means. Let's not lose sight of two things:
One, this is leaked info, not an announcement. So it's likely that the details of the fix are incomplete or not even correct.
"Under an accord with the EPA and California’s Air Resources Board, Volkswagen would get the go-ahead to fix some 60,000 vehicles and offer to repurchase about 19,000 older models that would be too complex to repair, said the people, who asked not to be identified because the talks are confidential. The recall plans involve a simple software update, and avoiding a full buyback of all the cars would save the company about $4 billion, the people said."
Two, no settlement has even been discussed yet in court, let alone approved, and any agreement must have the support of the owners group which so far seems to be taking the position that they won't accept a deal without a buyout option. If the deal isn't compelling to owners, the required number of people won't voluntarily get the fix and VW would likely have to pay significant penalties as with the 2.0s.
"The court handling the case hasn’t approved a deal, so changes could still be made. Volkswagen also doesn’t have an agreement with the owners of the 3.0-liter cars who have sued the company or with the Federal Trade Commission, which filed a lawsuit against the company for false advertising. Both the steering group for the car owners and the FTC are demanding that Volkswagen offer to buy back all of the tainted vehicles, which the carmaker is seeking to avoid, the people said."
http://www.autonews.com/article/201...M11/161119917/vw-u-s-reach-deal-on-audi-developed-3-0-liter-diesels-report-says