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Owners have filed a pair of class action lawsuits over Porsche emissions, alleging certain models of the luxury vehicles use illegal emissions-cheating devices.
The class action lawsuits, both filed in California federal court, claim the carmaker included emissions defeating devices in the 2010-2016 model year Porsche Panamera and 2009-2016 model year Porsche 911.
Car Complaints reports that the devices allegedly work by switching off exhaust filters depending on the mode of the internal engine. Porsche also allegedly modified hardware and software, affecting car components used in certification testing.
According to Car Buzz, the lead plaintiff in one of the class action lawsuits, Ashish Chadha, says he discovered the emissions defeating device after purchasing a Porsche 911. The plaintiff asserts that after having issues with the vehicle, he tested its fuel efficiency and found it was at least 5 mpg lower than advertised.
Chadha was joined by another plaintiff, Milton Lee, who says his Porsche 911 is affected by the same problems. Both plaintiffs say they have lost money due to the illegal defeat devices, through lower mpg and reduced resale values.
In another class action lawsuit filed against Porsche, plaintiffs Ernesto Del Barrio Jr. and Owen Williams allege that the car maker’s parent company, Volkswagen, concealed the use of an illegal defeat device in high-end vehicles for over 10 years.
“Plaintiffs and Class Members overpaid for the Class Vehicles at the time of purchase, because the features of the as-sold vehicles were less valuable than the features of the as-marketed vehicles,” that complaint states. “Accordingly, current values of Class Vehicles are lower than they would be if the vehicles had been delivered in as-marketed condition, rather than their as-sold conditions. The overpayment at the time of purchase and lower current value of the Class Vehicles are directly attributable to Porsche’s actions, which created material differences in features between the vehicles as-marketed and as-sold.”
Alleged Porsche Emissions Defeat Device
According to the class action lawsuits, Porsche tampered with emissions hardware and software, affecting exhaust systems and engine components that are used in emissions testing.
“The scheme involves, among other manipulations, the switching of exhaust filters depending on the internal engine modes, similar in execution to the defeat devices found in the diesel engines supplied by Audi,” Chadha’s complaint contends.
The tampering allegedly occurred in engines that were type-approved by various regulatory agencies, including the German Federal Motor Transport Authority, U.S. Environmental Protection Agency (EPA) and California regulators.
Chadha’s class action lawsuit points out the alleged Porsche emissions cheating was profitable for the carmaker and its parent company, Volkswagen.
“Through the sale and lease of vehicles that purported to be ‘in harmony with the environment’ that complied with emissions standards, but which actually emitted at illegal levels and were thus anything but ‘in harmony’ gasoline-powered vehicles, defendants unjustly and fraudulently obtained hundreds of millions of dollars from these consumers, in the form of sale proceeds for all such vehicles purchased, as well as leasing fees earned through the lease of any vehicles leased through VW and Porsche,” Chadha’s class action lawsuit says.
Porsche Emissions Class Action Lawsuit Joins Others
The class action lawsuits point out this is not the first emissions device defeating scandal Porsche’s owner, Volkswagen, has be involved in.
Reportedly, Volkswagen paid more than $9.5 billion in settlements after it was accused of manipulating emissions of diesel engines in the “dieselgate” scandal.
Dieselgate erupted in 2015 after Volkswagen reportedly admitted it had included defeat devices in 11 million vehicles it had advertised as “clean diesel.” The carmaker was subject to investigation by the U.S. Department of Justice, EPA and California Air Resource Board, as well as in other countries.
Mercedes-Benz has also paid substantial settlements to resolve claims it cheated emissions testing with a defeat device on its so-called clean diesel engines.
In addition, auto body shops have reportedly come under the scrutiny of regulators for installing defeat devices, facing up to millions of dollars in fines and penalties if they are discovered.
Are you a Porsche owner? What do you think about allegations the carmaker used illegal emissions-cheating devices? Tell us in the comment section below.
Lead plaintiffs Ernesto Del Barrio Jr. and Owen Williams are represented by Matthew J. Preusch, Gretchen Freeman Cappio, Ryan McDevitt and Adele A. Daniel of Keller Rohrback LLP.
Lead plaintiffs Ashish Chadha and Milton Lee are represented by Steve W. Berman and Shana E. Scarlett of Hagens Berman Sobol Shapiro LLP.
The Porsche Emissions Cheating Class Action Lawsuits are Del Barrio Jr., et al. v. DR. ING. H.C. F. Porsche AG, et al., Case No. 3:20-cv-7341, in the U.S. District Court Northern District of California, San Francisco Division; and Chadha, et al. v. Porsche Cars North America Inc., et al., Case No. 3:20-cv-06923-SK, in the U.S. District Court Northern District of California, Oakland Division.
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