Audi Class Action Says Gas Vehicles Contain Emission Defeat Device

An Audi emissions class action claims that several gasoline vehicles were installed with an emissions cheat device in order to avoid CO2 regulations.

More than 100 plaintiffs recently joined together to file the Audi emissions lawsuit alleging that the car manufacturer installed an emissions cheat device in their vehicles.

According to the Audi class action, an emissions cheat device was installed in 2012-2016 Audi A6, 2012-2016 Audi A7, 2012-2016 Audi A8 and A8L, and 2013-2016 Audi Q5 vehicles.

The emissions cheat device allegedly detects when the Audi vehicles are being tested in a laboratory and reduce performance in order to keep CO2 emissions within the required limits.

This “eco-friendly complaint mode” is allegedly only in effect while the vehicles are tested and returns to a “normal dirty mode” after testing is completed.

Plaintiffs argue that they were not sold what they were promised because their vehicles produced more emissions and achieved less fuel economy than Audi represented.

“Plaintiffs in this lawsuit were duped – plain and simple,” the Audi emissions class action claims. “They got sucked in by the defendants’ lies and fraudulent scheme and acquired their fraudulent vehicles based on the patently false representations that the vehicles had low emissions, got good gas mileage, and complied with federal, state, and local emissions laws and regulations.”

In late 2015 or early 2016, the German Motor Transportation Authority (KBA) allegedly discovered irregularities and increased CO2 emissions in Audi vehicles. When questioned, Audi allegedly lied to the KBA and told them that their vehicles did not contain emissions cheating software. However, the KBA continued with their investigation.

According to the Audi emissions class action lawsuit, testing of the fraudulent vehicles has allegedly proven that they use a cheat device to reduce emissions. Testing allegedly revealed that the movement of the wheel “triggers a switch” between the clean testing mode and the dirty normal mode.

“[Audi and Volkswagen] have designed and sold cars that emit pollutants at breath-taking levels, and they disguised it by engineering them to detect and then cheat on state and federal environmental testing,” the Audi emissions class action lawsuit argues.

The lawsuit was originally filed by the plaintiffs in the Circuit Court for the County of Fairfax, Virginia, but Volkswagen and Audi removed the class action to Virginia federal court shortly after the suit was filed.

Together, the 136 plaintiffs represent the following states: Alaska, Alabama, Pennsylvania, North Carolina, Georgia, Mississippi, Virginia, Florida, Wisconsin, Illinois, Texas, Tennessee, Iowa, Michigan, Indiana, Arizona, Maryland, Massachusetts, New Hampshire, Maine, New Jersey, Vermont, Missouri, Ohio, Oregon, and Utah.

The Audi emissions class action lawsuit seeks collective damages of more than $5 million, actual damages, treble damages, punitive damages, exemplary damages, court costs, and attorneys’ fees.

Plaintiffs are represented by Charles Wade Miller and Eric D. Pearson of Heygood Orr & Pearson.

The Audi Emissions Class Action Lawsuit is Yockey, et al. v. Volkswagen Group of America Inc. f/k/a Volkswagen of America Inc., et al., Case No. 1:18-cv-01558-LO-MSN, in the U.S. District Court for the Eastern District of Virginia.