You don't think there will be class action lawsuits if they mount a diesel exhaust fluid (DEF) tank taking up any cargo or other usable space? Or if they don't provide a lifetime supply of free DEF (or more likely a cash payment to cover the likely DEF costs for the projected life of the car)?
The reason they are only doing the cheap software changes in the EU is likely because they think they will either win any legal processes OR it's much cheaper to lose them than to fix cars (both of which are probably true).
That's very personal thing and it's easy for a lawyer to argue that VW has no longer delivered a car conforming to the original specifications for cargo space/capacity, etc and that the consumer is due compensation to compel them to accept the new specifications. I can't imagine that flying without additional compensation in the US (and frankly, don't believe that it should).
https://www.vwdieselinfo.com/updates/letter-to-2-0l-tdi-owne...
Set aside the VW dealership card, you'd still be getting $500 as an affected US owner. Seems odd that EU (which I find generally more consumer-friendly than the US) would be less generous. (I'm not doubting you; it just mismatches my normal expectations.)
I am a owner of an affected TDI but did not receive the letter (or threw it away mistaking it for another car warranty junk mail letter) and was unaware of the "TDI Goodwill package"
Any time I go in for service they ask if I've registered for the package yet and bug me to do so (presumably so I get the dealership card and they know I'll be back).
I bought mine used from a 3rd party dealership (non-VW specific), and still got the goodwill package.
Sign up for it here: https://www.vwdieselinfo.com/goodwill_package/
I'm a big do-it-yourselfer and generally avoid dealerships.
BTW If you haven't changed your serpentine belt lately, do it! Mine broke at 90,000 miles, wrapped itself around the timing sprocket, cause the engine to jump timing and broke 7 valves. Cost me about $3500 for a new head. Apparently it's fairly common.
Forum threads:
https://forums.tdiclub.com/showthread.php?t=424956
https://forums.tdiclub.com/showthread.php?t=407745
There is a design flaw that allows a shredded serpentine belt to work it's way past the timing cover and wreak havok. When I took apart the engine, the timing belt was in-tact.
There is now available a guard that you place behind the main crankshaft pulley to stop this from happening but I can't find it right this second.
I think it's safe to say that until someone actually has had their car fixed by this new software, and then tested its performance and consumption after that we can assume that it's impossible. I'll believe it's possible when I see it.
My guess: VW europe will claim to make a performance-neutral fix, but simply cut the performance and increase the consumption of the affected cars. Anyone in the EU who finds that annoying can try to scream with very little chance of getting any compensation from VW because of how EU consumer laws work.
In the US where they are actually scared of being sued into compensating customers they will make more advanced fixes potentially even retrofitting urea systems where possible.