As long as you opt-out of the class (or don't opt-in?), you could probably sue them yourself. Maybe you could do small claims in the jurisdiction of your local dealer and have simple headlines and these papers as the evidence.
My warranty was extended out 100K miles, any repairs I had paid related prior were to be reimbursed, if I could not find sufficiently detailed records like receipts about $700 would be paid back to me (a repair that typically was around $1200) instead. This was for gearbox.
My warranty was extended out 200K miles, any repairs I had paid related prior were to be reimbursed, I did need to provide records like receipts, but the repairs were much less in this case. This was for electronic throttle.
Additionally I have had a car bought back - which ended-up being a replacement. I honestly had more hassle with the bank switching the collateral on the loan than with the car company in the process.
There is likely to be some loss of MPG but all that will mean is the cars will be closer to their EPA estimates. Yet EPA estimates don't take into account how many people drive and mileage conscious people tend to drive differently. I have had only one car in the last dozen years where I could not consistently beat the EPA (my current, a 2012 Z4 averages 32 and hit peaks of 40 on long interstate runs by far exceeding the EPA numbers of that four cylinder)
Now would I buy another one? Likely not a VW but a diesel isn't out of the question. Similar to how I really don't plan on buying any GM products because of their purposeful deceit with the ignition switches. I really would love to buy the upcoming Bolt but I don't see either company as honest and that is a requirement for me to do business.
But to feel guilt for something you have no possibility of knowing is just ridiculous. You bought their product in good faith, should people who buy Subway sandwiches feel dirty because the company spokesman got busted for kiddie porn?
I feel complicit in tax fraud for taking the credit these vehicles got, and I'm pretty sure the patch is going to result in "loss of enjoyment", with worse performance and/or fuel economy.
I'm honestly wondering if I have any realistic legal recourse, beyond sitting around and waiting for the "$500 off your next VW" class action fiasco.