Volkswagen Faces Emissions-Cheating Class Action Lawsuit

Volkswagen Group of America Inc. faces another potential class action lawsuit over allegations that the car manufacturer intentionally breached federal and state EPA laws by installing sophisticated software into its CleanDiesel vehicles that would only turn on emissions controls during official testing.

The Volkswagen emission-cheating class action lawsuit alleges that the affected vehicles were equipped with what is referred to as a “defeat device,” which means that the cars can detect when being tested for emissions and will turn on the controls during that time. However, at all other times the vehicles are running emissions up to 40 times what is allowed under U.S. law.

Lead plaintiff Nicholas Benipayo filed the VW class action lawsuit claiming that he paid a premium for his 2010 Jetta CleanDiesel Volkswagen that he believed would comply with federal emission standards. Benipayo is not alone. According to the emission scam class action lawsuit, drivers who bought a 2015 VW Jetta would pay close to $3,000 more for a CleanDiesel version over the base model.

Attorney Steve Berman of Hagens Berman says VW owners are furious and for good reason. “Not only did they pay more for something they never received, but they’ve been victim to a tremendous act of deception,” Berman said. “Volkswagen marketed these cars as clean, even calling them ‘CleanDiesel,’ while knowingly implementing this software to cheat emissions tests. And it chose to target the group of consumers who care most about being environmentally conscious.”

The Environmental Protection Agency has ordered Volkswagen to recall and fix all cars installed with the defeat device. However, according to the VW class action lawsuit, once the vehicles comply with emission standards, the horsepower and efficiency of said vehicles will be altered and potentially damaged.

Volkswagen has admitted that the EPA allegations are true. VW CEO Martin Winterkorn stated, “I personally am deeply sorry that we have broken the trust of our customers and the public.”

The Volkswagen class action lawsuit is seeking more than $5 million for allegations of fraud by concealment, breach of contract and false advertising.

A similar Volkswagen emissions fraud class action lawsuit was filed just days ago, and more class action lawsuits are expected to follow as more than half a million vehicles were reportedly installed with a defeat device.

If approved, the Volkswagen class action lawsuit would be open to all U.S. Class Members who are current or former owners and/or lessees of an affected vehicle. Affected vehicles include, without limitation: MY 2009-2015 VW Jetta; MY 2009-2015 VW Beetle; MY 2009-2015 VW Golf; MY 2014-2015 VW Passat; and MY 2009-2015 Audi A3.

The emissions-cheating class action lawsuit has currently proposed 23 state subclasses but according to the attorneys handling the case, the firm will continue to expand its reach until all 50 states are represented in this class action.

The plaintiffs are represented by Steve W. Berman, Jeff D. Friedman, and Thomas E. Loeser of Hagens Berman Sobol Shapiro LLP, and Peter B. Fredman of the Law Office of Peter Fredman.

The Volkswagen Emissions-Cheating Software Class Action Lawsuit is Nicholas Benipayo, et al v. Volkswagen Group of America Inc., Case No. 3:15-cv-04314, 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!