Mark P. Chalos, managing partner of the Nashville office of the law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that Jason Hess filed a nationwide class action lawsuit in federal court in Chattanooga, Tennessee, against Volkswagen Group of America, Inc. The complaint charges that for over six years VW intentionally and systematically cheated its customers, lied to the government, and misled the public about the true emissions and performance of four-cylinder diesel engine vehicles sold under the Volkswagen and Audi brands.
Earlier this year, Hess, a resident of Nashville, Tennessee, traded in his 2009 diesel-powered Volkswagen Jetta and purchased a new, diesel-powered Volkswagen Passat from a dealer in Franklin, Tennessee. Hess’ Passat was assembled in Volkswagen’s Chattanooga, Tennessee, plant. “I have been a loyal VW customer and like hundreds of thousands of other customers I am outraged by VW’s massive fraud,” stated Hess. “I travel extensively by car for business and purchased VW diesel-powered cars because VW promised low emissions, high fuel efficiency vehicles.”
Diesel vehicles are generally more fuel-efficient and powerful than gasoline engines, but diesel engines emit higher levels of smog-making particulates and nitrogen oxide gases. VW attempted to address this problem with its so-called “clean diesel” vehicles.
However, as explained in the recall notice from the U.S. Environmental Protection Agency, VW sold these vehicles with a “defeat device.” A defeat device is sophisticated software that detects when a car is undergoing official emissions testing and only then engages the car’s full emissions control system. At all other times, the emission controls are de-activated, and the cars emit extremely high, and illegal, levels of pollutants.
“VW’s claim that four-cylinder diesel cars were powered by ‘clean diesel’ was a sham,” stated attorney Chalos. “For years, VW failed to disclose to the public and to consumers the presence of the defeat devices in its cars and failed to disclose their actual performance and emissions.”
Nearly 500,000 VW and Audi diesel cars sold in the U.S. since 2009 emit noxious pollutants at up to 40 times the legal limit allowed under federal and state law.
The vehicles covered in the class action complaint are the following:
• 2010 – 2015 Audi A3
• 2012 – 2015 Volkswagen Beetle
• 2012 – 2015 Volkswagen Beetle Convertible
• 2010 – 2015 Volkswagen Golf
• 2015 Volkswagen Golf SportWagen
• 2009 – 2015 Volkswagen Jetta
• 2009 – 2014 Volkswagen Jetta SportWagen
• 2012 – 2015 Volkswagen Passat
The class action lawsuit seeks statutory penalties and compensatory, exemplary, and punitive damages for the class members — all persons who purchased or leased the recalled VW and Audi diesel cars.
The lawsuit also seeks several orders, including:
1. An order compelling Volkswagen to buy back the vehicles listed above on fair and equitable terms; and
2. A declaration that the Volkswagen must disgorge for the benefit of the class, all or part of the ill-gotten profits received from the sale or lease of the recalled vehicles, and make full restitution to class members.
