Volkswagen Facing Clean Diesel Emissions Class Action From 23 Plaintiffs

Volkswagen has been hit with another class action lawsuit over the automaker’s emissions cheating scandal.

This time, 23 named plaintiffs claim Volkswagen intentionally breached U.S. laws and EPA regulations by selling vehicles that purposefully evaded clean air standards.

According to the Volkswagen class action lawsuit filed in Virginia federal court, all 23 plaintiffs claim they would not have purchased their VW TCI Clean Diesel cars had they known the German automaker installed a “defeat” device in their vehicles with the alleged purpose of dodging clean air regulations.

Instead of disclosing its emissions scheme, the plaintiffs allege that VW falsely represented that their vehicles complied with federal and state emissions standards.

The VW emissions class members claim they relied on company advertising and statements that the TDI Clean Diesel Volkswagens 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, according to the claims.

The 23 plaintiffs in the VW class action lawsuit have brought this action individually and on behalf of all other current and former owners or lessees of the affected VW vehicles.

They are seeking damages, equitable relief as well as injunctive relief for the deceptive conduct of Volkswagen related to the “defeat device”.

Volkswagen Emissions Scandal Information

On September 18, 2015, The Environmental Protection Agency accused Volkswagen of installing software on 482,000 diesel cars in the U.S. to evade federal emission regulations, potentially exposing people to harmful pollutants.

The German automaker adopted what the EPA called a “defeat device” to trick U.S. regulators into believing that its cars met Clean Air Act standards, the federal agency said in a statement.

Those cars emitted nitrogen oxides, which can exacerbate respiratory conditions such as asthma, at up to 40 times the standard level, the EPA said.

The technology tricks regulators into believing that four-cylinder diesel cars comply with emissions standards, but the cars are actually emitting harmful pollutants at rates of up to 40 times acceptable standards.

The company admitted that software designed to fool regulators affects 11 million vehicles worldwide and faces fines for violations of the Clean Air Act of up to $37,500 for each affected VW emissions recall vehicle. At an estimated 482,000 vehicles, the potential fines could reach as much $18 billion in the U.S. alone.

Owners of these “Clean Diesel” Volkswagen vehicles have launched VW lawsuits around the country seeking to hold Volkswagen accountable for its actions.

The resulting damages for VW vehicle owners includes loss of value, inability to sell vehicles, reduced efficiency, and greatly increased eco footprints for cars advertised as “Clean Diesels.”

The Volkswagen TDI Clean Diesel Class Action Lawsuit is Kirk Steffensen, et al. on behalf of themselves all and others similarly situated v. Volkswagen Group of America, Inc., Case No. 1:15-cv-1218 in the U.S. District Court for the Eastern District of Virginia, Alexandria 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!