Makarem & Associates Files Class Action Lawsuit Against Volkswagen For Allegedly Rigging Emissions Tests

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A federal, nationwide class action lawsuit complaint has been filed against Volkswagen Group of America, Inc. in the U.S. District Court for the Central District of California.

Volkswagen prioritized massive profits at the expense of the well-meaning and conscientious consumer.

A federal, nationwide class action lawsuit complaint has been filed against Volkswagen Group of America, Inc. in the U.S. District Court for the Central District of California, Studer et al v. Volkswagen Group of America, Inc. (Case number: 2:15-cv-07560-BRO-RAO), alleging that consumers were fraudulently induced into purchasing Volkswagen and Audi turbocharged direct injection (“TDI”) vehicles, which were marketed as “clean diesel” and environmentally friendly.

On September 18, 2015, the New York Times published an article revealing that the Environmental Protection Agency (“EPA”) accused the German automaker of intentionally misrepresenting the emission levels of nearly half a million of its TDI vehicles across the country (http://www.nytimes.com/2015/09/19/business/volkswagen-is-ordered-to-recall-nearly-500000-vehicles-over-emissions-software.html?_r=1). These TDI vehicles are equipped with a “defeat device,” which contains a sophisticated software algorithm that detects when the car is being tested for emissions, and triggers the vehicle to emit far less pollution than under normal driving conditions. The Complaint alleges that when the defeat device is not triggered, and TDI vehicles are operating under normal driving conditions, they emit up to 40 times more pollutants than allowed under state and federal law, most notably nitrogen oxides (NOx). According to the article, the EPA has highlighted that NOx emissions are especially dangerous because they are a family of highly reactive gases that play a major role in the production of ozone and smog. The pollutants are reportedly also linked to a range of health problems, including asthma attacks, respiratory diseases, and premature death.

Plaintiffs filed claims associated with Volkswagen’s alleged fraud, breach of contract, breach of warranty, as well as numerous other claims in accordance with state law, seeking to protect nationwide consumers. The Complaint alleges that Volkswagen prioritized the massive profits made by charging a premium on all of its TDI vehicles at the expense of the well-meaning and conscientious consumer, the environment, and public health.

If you own any of the following vehicles, you may be entitled to compensation under state and federal law:

  •     Jetta TDI (model years 2009-2015)
  •     Beetle TDI (model years 2009-2015)
  •     Golf TDI (model years 2009-2015)
  •     Passat TDI (model years 2014-2015)
  •     Audi A3 (model years 2009-2015)

Makarem & Associates, APLC represents consumers in consumer litigation and products liability.

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Randi Thompson
@MakaremLaw
since: 10/2010
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