class action lawsuit on behalf of Volkswagen owners will address deception by the automaker
in relation to EPA pollution controls. The EPA has filed notices of these
violations against Volkswagen. Apparently, Volkswagen equipped some of
their vehicles with software which disguised the true nitrogen oxide emissions,
thereby violating the Clean Air Act. It appears 2009-2015 Volkswagen and
Audi diesel vehicles (Jetta, Beetle, Audi A3, Golf and Passat) were equipped
with a “defeat device,” which turned on pollution controls
only during official emissions tests. This allowed the vehicles to run
“dirty” during normal operations, with NOx emissions up to
40% as high as federal standards allow.
Recall in the Works?
Volkswagen has said they will issue a recall for the affected vehicles,
however there could be a certain amount of red tape to wade through before
such a recall is issued. The emission systems of the recalled vehicles
will be required to be repaired to comply with federal standards. While
no safety issues were involved with Volkswagen’s deception, there
are nonetheless serious questions which will likely plague owners of the
affected vehicles. First, by complying with federal emissions system standards,
performance of the vehicles will likely decrease, along with a corresponding
decrease in mileage. In other words, by allowing dirtier emissions, Volkswagen
gave customers a peppier vehicle with better gas mileage. Reversing Volkswagen’s
“cheat,” will result in customers simply not getting what
they paid for—and what they were promised.
How Many Volkswagen’s are Affected?
Nearly 500,000 vehicles in the United States will fall under the EPA’s
expected order to Volkswagen to recall all cars equipped with the software.
No recall will be issued until the automaker can detail precisely how
it will fix the problem. Whatever the solution turns out to be, it is
a sure bet it will reduce performance, drivability, fuel economy—or
all three—in order to meet the emission standards. Interestingly,
when the new emission standards were introduced in 2009, Volkswagen was
the first major automaker who could—or at least claimed to—meet
the new rules.
Volkswagen & Audi Models Affected by Recall
- Jetta (model year 2009-2015)
- Beetle (model year 2009-2015)
- Audi A3 (model years 2009-2015)
- Golf (model years 2009-2015)
- Passat (model years 2014-2015)
How Long Will the Recall Repairs Take?
Some affected Volkswagen owners have voiced the opinion that Volkswagen
should buy back their fraudulently-advertised vehicles, however that is
unlikely to be the final solution. At present, the automaker will be given
a “reasonable” amount of time to put together a remedy which
will depend on the overall complexity of the repairs and the time required
to have the necessary components in place. In other words, it could potentially
be a year or more down the road before affected Volkswagen owners are
given some idea of what will happen with their vehicle. In addition to
class-action lawsuits, individual lawsuits may also be filed in the coming weeks.
National Volkswagen Class Action Lawyers
Golomb & Honik is currently seeking owners of recalled Volkswagen &
Audi vehicles to serve as class action representatives in statewide and
nationwide class action lawsuits against Volkswagon manufacturer. To learn
more about your legal options or to schedule a free consultation call
the Pennsylvania defective product lawyers at Golomb & Honik today at
1-800-355-3300 or 1-215-985-9177 or fill out our confidential Contact Form.
The national product liability lawyers
Golomb & Honik have successfully represented individuals in Pennsylvania, New Jersey,
and throughout the United States.