VW Faces Massive Class Action Over ‘Brazen’ Emissions Scandal

Earlier this week, Volkswagen was hit with a massive class action lawsuit filed on behalf of drivers who were affected by the infamous VW emissions cheating scandal.

The 719-page class action lawsuit was filed Monday in California federal court, and alleges Volkswagen charged a premium for “clean” vehicles that were fitted with “defeat devices” that were designed to evade emissions standards.

“This case arises out of one of the most brazen corporate crimes in history, a cautionary tale about winning at any cost,” the Volkswagen class action lawsuit says. “Volkswagen cheated its way to the top of the automotive food chain and spared no victim along the way, targeting its customers, U.S. and foreign regulators, and even the very air we breathe.”

According to the VW emissions scandal class action lawsuit, Volkswagen has admitted to designing and installing the defeat devices to cheat emissions tests in order to get approval from the Environmental agency and other regulators to sell hundreds of thousands of non-compliant vehicles.

“For years, Volkswagen got away with it, and the Class Vehicles were sold at record numbers into our stream of commerce,” the Volkswagen class action lawsuit alleges. However, these purportedly “clean” cars emitted harmful pollutants into the air at a rate of up to 40 times the amount that was legally allowed.

“All the while, Volkswagen pitched itself to the American public as the world’s foremost innovator of ‘clean’ diesel technology, duping hundreds of thousands of environmentally-conscious consumers who were willing to pay a premium for ‘clean’ diesel vehicles,” the Volkswagen class action lawsuit alleges.

According to the diesel emission class action lawsuit, consumers bought into Volkswagen’s promises and purchased the company’s “clean” diesel vehicles in record numbers. As a result of Volkswagen’s deceit, the plaintiffs allege there are approximately 580,000 vehicles on the road with defeat devices—cars that they allege would never have left the factory but for Volkswagen’s fraud.

The plaintiffs seek to certify a Class of individuals and businesses that purchased or leased one of the following vehicles in the United States:

• 2009-2015 Volkswagen Jetta 2.0L TDI
• 2009-2014 Volkswagen Jetta SportWagen 2.0L TDI
• 2012-2015 Volkswagen Beetle 2.0L TDI
• 2012-2015 Volkswagen Beetle Convertible 2.0L TDI
• 2010-2015 Audi A3 2.0L TDI
• 2010-2015 Volkswagen Golf 2.0L TDI
• 2015 Volkswagen Golf SportWagen 2.0L TDI
• 2012-2015 Volkswagen Passat 2.0L TDI
• 2009-2016 Volkswagen Touareg 3.0L TDI
• 2013-2016 Porsche Cayenne Diesel 3.0L
• 2014-2016 Audi A6 Quattro 3.0L TDI
• 2014-2016 Audi A7 Quattro 3.0L TDI
• 2014-2016 Audi A8 3.0L TDI
• 2014-2016 Audi A8L 3.0L TDI
• 2014-2016 Audi Q5 3.0L TDI
• 2009-2016 Audi Q7 3.0L TDI

The VW emissions scandal class action lawsuit charges Volkswagen with violations of the Racketeer Influenced and Corrupt Organizations Act, the federal Magnuson-Moss Warranty Act, and violations of the consumer protection laws of all 50 states and the District of Columbia. The class action lawsuit also brings forth claims of breach of contract, breach of warranty, fraud and unjust enrichment.

The plaintiffs are seeking a buyback program for the affected vehicles, monetary damages, pollution mitigation and other relief. They argue that they, along with the affected Class Members, “are entitled to a significant award of punitive or exemplary damages, given that, for years, Volkswagen deliberately, and with malice, deceived Plaintiffs and Class Members, disregarded their rights, and used them as unwitting puppets in a scheme that jeopardized the safety of the American public.”

The plaintiffs are represented by Lieff Cabraser Heimann & Bernstein LLP. The plaintiffs’ steering committee includes the following law firms: Hagens Berman, Casey Gerry Schenk Francavilla Blatt & Penfield LLP, Bailey Glasser LLP, Boies Schiller & Flexner LLP, Carella Byrne Cecchi Olstein Brody & Agnello PC, Roxanne Conlin & Assoicates PC, Simmons Hanly Conroy LLC, Robbins Geller Rudman & Dowd LLP, Weitz & Luxenberg PC, Hausfeld, Heygood Orr & Pearson, Grant & Eisenhoffer PA, Beasley Allen Law Firm, Cotchett Pitre & McCarthy LLP, Motley Rice LLC, Finkelstein Thompson LLP, Keller Rohrback LLP, Seeger Weiss LLP, Branstetter Stranch & Jennings PLLC, Baron & Budd PC, and Block & Leviton LLP.

The Volkswagen Emissions Cheating Scandal Class action Lawsuit is In re: Volkswagen ‘Clean Diesel’ Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672, in the U.S. District Court for the Northern District of California, San Francisco Division.

UPDATE: On June 28, 2016, Volkswagen reached proposed settlements with both the U.S. Department of Justice and the U.S. Federal Trade Commission following the VW emissions scandal. VW’s deal with the DOJ includes up to $14.7 billion along with vehicle buyback provisions as well as funding for pollution control programs. In addition to the DOJ settlement, Volkswagen will also spend up to $10 billion in a buyback and lease termination settlement with the FTC that is expected to include about 475,000 vehicles.

UPDATE 2: The Volkswagen, Audi diesel emissions class action settlement is now open! Click here to file a claim!