Volkswagen Beetle TDI Clean Diesel Owner Files Emissions Class Action

A Los Angeles resident has filed a proposed class action lawsuit against Volkswagen over the automaker’s emissions scandal.

Lead plaintiff Alex Barkaloff says he would not have bought his 2013 Volkswagen Beetle TDI Clean Diesel had he known the German automaker rigged it, and other vehicles, to evade clean air regulations, according to the Volkswagen emissions class action lawsuit filed in federal court.

Barkaloff alleges he learned in September 2015 that his Volkswagen Beetle TDI Clean Diesel vehicle relied on an illegal software “defeat device” to conform with emissions control system standards. He stopped driving the 2013 VW Beetle TDI Clean Diesel that same month and attempted to return the car, and was prompted to leave a message on a designated hotline for the VW emissions investigation.

According to the VW Beetle TDI Clean Diesel emissions lawsuit, Barkaloff was eventually contacted by a Volkswagen representative who offered him credit for one month’s payment on the vehicle, stating that these “determinations were made at the highest levels of Volkswagen.”

Barkaloff refused the offer and filed the Volkswagen Beetle TDI Clean Diesel class action lawsuit, claiming that VW has no intention of providing reasonable restitution or replacement as required by California law.

The proposed class action lawsuit seeks certification of an undisclosed number of class members, injunctive relief with a recall or free replacement program, as well as costs, restitution, and damages (including punitive). The VW Beetle lawsuit also asks the court to order Volkswagen to stop this deceptive conduct.

About the Volkswagen Scandal

The heart of the Volkswagen scandal is the software the automaker installed in its vehicles, which changed the emission production when the vehicles were undergoing emission testing.

The illegal software works by switching pollution controls on during emission testing, and off during normal driving. When the vehicles are actually driven (as opposed to being tested), they can emit 10 to 40 times the lawful amount of nitrogen oxide — a pollutant that contributes to smog and serious health problems.

About 500,000 Volkswagen and Audi 2.0L diesel engine vehicles in the United States may be affected.

VW Admits to Cheating Emissions

This proposed Volkswagen diesel emissions class action lawsuit follows an investigation by federal Environmental Protection Agency (EPA) and the California Environmental Protection Agency (CARB). CARB and the EPA were first alerted to the VW emissions problems from a study published by West Virginia University’s Center for Alternative Fuels, Engines & Emissions.

When CARB and the EPA began to investigate in May 2014, Volkswagen told the agencies that the increased emissions were the result of technical issues or unexpected conditions.

Although Volkswagen issued a voluntary recall in 2014, testing performed by CARB showed only a limited benefit. As a result, CARB and the EPA decided not to approve VW’s 2016 diesel vehicles for certification until it explained the emissions.

According to the EPA, “only then did VW admit it had designed and installed a defeat device in these vehicles in the form of a sophisticated software algorithm that detected when a vehicle was undergoing emissions testing.”

Car owners argue that the resale value of their cars have been hurt. VW says the faulty diesel emissions software could be on as many as 11 million cars worldwide.

Volkswagen also is facing criminal investigations. New York Attorney General Eric Schneiderman said he is working with other state attorneys general in a criminal probe of VW’s actions.

The VW Beetle TDI Clean Diesel Emissions Class Action Lawsuit is Alex Barkaloff, an individual, and the Class of Persons similarly situated v. Volkswagen Group of America, Inc., Case No. 2:15-cv-07997 in the U.S. District Court for the Central District of California, Western 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!