Volkswagen has been sued for allegedly rigging its emissions test results. The lawsuit comes as the German automaker is already under investigation for cheating on diesel emission tests by EPA, California Air Resources Board and other regulators in multiple countries worldwide.
The “class action lawsuit against auto dealerships” are a type of lawsuit that is used when there is widespread fraud or misconduct. The class-action lawsuit can be filed by an individual, a group of people, or a company.
Following Volkswagen’s admission in September 2015 that it had installed emissions cheating devices on more than 500,000 diesel vehicles sold in the United States, a large number of affected owners have been left unsure what to do with a vehicle that is not what they paid for and is not technically road-legal. As litigation against the German carmaker mount, VW has attempted to contain the damage to its reputation.
A $15 billion settlement over Volkswagen’s emissions cheating scandal has been authorized by a federal judge.
On October 25, 2016, a federal judge accepted the conditions of a $15 billion settlement between VW and TDI owners in the United States.
VW also announced a $1 billion settlement with 3.0L diesel drivers impacted by Dieselgate on December 20, 2016.
The business also announced a settlement with Canadian drivers affected by Dieselgate the same week. Owners in Canada will get between $5,100 and $8,000 in compensation, depending on the brand and model of their VW car.
In January 2017, the German manufacturer and the US Department of Justice negotiated a $4.3 billion settlement, which would cover criminal and civil charges resulting from the Dieselgate affair. In April 2017, a court authorized the arrangement. $2.8 billion will be used to resolve criminal charges, while $1.5 billion will be used to settle civil charges, the majority of which will be brought by environmental authorities.
What is the Issue with Volkswagen Diesel Engines?
Volkswagen deployed “defeat devices” on approximately 600,000 diesel vehicles sold in the United States, masking the cars’ real emissions. When a nationally required emissions test is performed, the software detects it and switches to an operational mode that enables the cars to apparently meet federal clean air emissions regulations. When driven on the road, however, the VWs produce up to 40 times the amount of nitrous oxides (NOx) allowed by US emissions regulations.
These Volkswagens are in violation of the Clean Air Act in the United States. They were also deceptively sold to buyers in the United States, who paid a higher sticker price (as compared to a gasoline car) for a vehicle with an excellent emissions profile.
What Types of Vehicles Are Affected?
Around 500,000 diesel passenger vehicles were sold in the United States as a result of the VW emissions scandal, including the 2.0L TDI models listed below:
- Volkswagen Jetta (2009-2015)
- Volkswagen Jetta Sportwagen (2009-2014)
- Volkswagen Golf (2010-2015)
- Volkswagen Golf Sportwagen (2015)
- VW Beetle/Convertible Beetle (2013-2015)
- Volkswagen Passat (2012-2015)
- A3 Audi (2010-2015)
Volkswagen has acknowledged that some 80,000 3.0L V6 diesel cars sold in the United States are impacted, including:
- Volkswagen Touareg (2009-2016)
- Audi A6 Quattro is a four-wheel-drive Audi A6 (2014-2016)
- Audi A7 Quattro is a four-wheel-drive Audi A7 (2014-2016)
- A8/A8L Audi (2014-2016)
- Audi Q5 is an automobile manufactured by Audi (2014-2016)
- Q7 Audi (2009-2016)
- Porsche Cayenne is a sports car manufactured by Porsche (2013-2016)
Isn’t it true that certain VW gasoline vehicles are also affected?
A total of 430,000 Volkswagens were discovered to have fake carbon dioxide emissions measurements, including some gas cars, however these vehicles were not marketed in the United States. VW claims that the problem is not due to emissions-cheating software, but rather to a mismatch in testing apparatus. Volkswagens with CO2 anomalies are mostly sold in Europe.
Will VW be able to repair these vehicles?
Yes, some of them. Because VW is in breach of the federal Clean Air Act, any solution to the high NOx emissions must be authorized by the Environmental Protection Agency (EPA).
However, there are fears that a remedy may reduce the vehicle’s performance, fuel economy, and/or dependability. Indeed, some owners may choose to ignore whatever repair or retrofit Volkswagen and the EPA propose because they are more concerned with power and fuel efficiency than with emissions. Owners who ignore the update, on the other hand, may be unable to register their cars in jurisdictions with strict emissions regulations, such as California.
There is unlikely to be a one-size-fits-all solution, but rather multiple solutions for different cars. Volkswagen would also purchase back any vehicles that are too expensive to fix.
“In some circumstances, it’s quite simple to fix the vehicles; in other cases, it’s extremely costly, and in such cases, we have to discuss whether it would be preferable to return back part of the automobiles to Volkswagen,” VW CEO Matthias Muller stated.
VW expects to have to buy back around 115,000 diesel vehicles sold in the United States, according to a German newspaper in January 2016. Volkswagen is also expected to offer a catalytic converter upgrade that would remedy the NOx emissions issue in over 400,000 vehicles.
What about the Disputes?
On October 25, 2016, a federal judge accepted the conditions of a $15 billion settlement between VW and TDI owners in the United States.
Around 475,000 qualified owners of 2.0L TDI automobiles will be compensated via a financing pool valued little over $10 billion. The pool will give the following benefits to its owners:
- A one-time payment ranging from $12,500 to $44,000 for each car
- Buyback (or lease termination) of the car OR free repairs to put the vehicle into conformity with emissions regulations
A total of $4.7 billion will be put aside for an environmental restoration fund and measures to promote zero-emission vehicles (ZEVs) in the United States as part of the settlement. A total of $603 million will be paid to state attorneys general to resolve consumer protection lawsuits.
Customers may now choose to “opt out” of the settlement and file a separate lawsuit against Volkswagen (or continue to drive their vehicle as it is and do nothing).
VW also announced a $1 billion settlement with 3.0L diesel drivers impacted by Dieselgate on December 20, 2016. The business also announced a settlement with Canadian drivers affected by Dieselgate the same week. Owners in Canada will get between $5,100 and $8,000 in compensation, depending on the brand and model of their VW car.
In January 2017, the German manufacturer and the US Department of Justice negotiated a $4.3 billion settlement, which would cover criminal and civil charges resulting from the Dieselgate affair. In April 2017, a court authorized the arrangement. $2.8 billion will be used to resolve criminal charges, while $1.5 billion will be used to settle civil charges, the majority of which will be brought by environmental authorities.
Do you own a vehicle that has been recalled or has been found to be defective?
You may be able to file a lawsuit against the manufacturer if your car was recalled or has a problem. For a free legal consultation, contact ClassAction.com immediately. Our lawyers have a lot of expertise with mass lawsuits involving automobiles.
The “automotive class action lawyers” is a legal firm that specializes in the field of automotive law. The firm has been involved in many high profile cases, such as the Volkswagen emissions test lawsuit.
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