Volkswagen Emissions Scandal Class Action Lawsuit Filed in Utah

A Salt Lake City resident filed a proposed class action lawsuit against Volkswagen over the automaker’s emissions cheating scandal.

Lead plaintiff Evin Catlett says she would not have bought the 2013 Volkswagen Jetta Diesel TDI SportWagen had she known the German automaker rigged it, and other vehicles, to skirt clean air regulations, according to the Volkswagen emissions class action lawsuit filed in federal court.

Catlett alleges she and other VW emissions class members relied on company advertising and statements that the diesel cars were clean, low-emission vehicles, with a long useful life, above average mileage and high performance. They understood the cars complied with all vehicle emissions standards.

Instead, Volkswagen allegedly concealed material facts, putting greed for profits above compliance with federal and state clean air law, and emission regulations that are meant to protect the public and consumers.

The proposed class action lawsuit seeks certification of over 100 class members, injunctive relief with a recall or free replacement program, as well as costs, restitution, damages (including punitive), and also asks the court to order Volkswagen to stop this deceptive conduct.

What is The Volkswagen Scandal All About?

It’s related to software Volkswagen installed in its vehicles which acted to change their emission production when the the vehicles had 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 U.S. may be affected, including:

• 2009-2015 Volkswagen Jetta (including the Jetta Sportswagen)
• 2010-2015 Volkswagen Golf (including the Golf Sportswagen)
• 2010-2015 Audi A3
• 2012-2015 Volkswagen Beetle (including the Beetle Convertible)
• 2012-2015 Volkswagen Passat

Volkswagen Admits to Using Defeat Devices

This proposed 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 Volkswagen Emissions Class Action Lawsuit is Evin F. Catlett, on behalf of herself and all others similarly situated v. Volkswagen Group of American, Inc. Case No. 2:15-cv-00681 in the U.S. District Court for the District of Utah, Central 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!