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Local lawsuit vs. Volkswagen
Amber Handal displeased with her dirty diesel Jetta, files class action
"Clean diesel is sure to continue making a splash in the alternative fuel world," reads a November 2014 post on Amerigreen.com.
Volkswagen and Audi owners in cities throughout the U.S. are rushing to file class-action lawsuits days after the Environmental Protection Agency discovered the Volkswagen Auto Group installed "defeat devices" in more than 480,000 diesel-powered vehicles in order to trick vehicle emissions tests.
On September 16, San Diego resident Amber Handal learned that the EPA had filed a notice of violations against the car company for the emissions scam. On September 23, Handal filed a class-action lawsuit against Volkswagen.
Handal, according to the complaint, leased a 2013 "clean diesel" Jetta from Mossy Volkswagen in El Cajon on May 9, 2013. She "leased the car specifically for its fuel efficiency and ‘clean diesel’ technology, and paid a premium for it."
The Environmental Protection Agency alleges Volkswagen embedded the defeat devices in vehicle software installed in every four-cylinder Audi and Volkswagen model with diesel engines from 2009 through 2015. The device tricked the tests into recording low emission levels when in reality the cars emitted 40 times the standard levels of nitrogen oxides.
"Motor vehicles equipped with defeat devices, which reduce the effectiveness of the emission control system during normal driving conditions, cannot be certified," reads a press release from the EPA. "By making and selling vehicles with defeat devices that allowed for higher levels of air emissions than were certified [by the Environmental Protection Agency], Volkswagen violated two important provisions of the Clean Air Act."
EPA officials say that the company is expected to issue a large-scale recall on vehicles sold in the U.S. to bring them into compliance. And while the recalls will not cost the owners or lessees any money, the cars will not deliver what the company promised: reduced emissions and cleaner air.
The auto group marketed their "clean diesel" technology to environmentally conscious consumers, and did a good job at it. According to the complaint, the Volkswagen Auto Group is the top seller of diesel passenger vehicles in the United States.
While the upcoming recall will bring the vehicles into compliance, it will also reduce the value, says Handal's lawsuit.
"Plaintiff and Class members are in a no-win situation: if they get the vehicles software repaired, the [vehicles] will suffer fuel economy and performance losses, and corresponding depreciation in resale value. If Class members decline to accept Volkswagen's repair of the software, the Class Vehicles will not be certifiable as passing emissions requirements, and will suffer resale depreciation and non-salability.
"Defendant charges substantial premiums for the ‘Clean Diesel’ engines in class vehicles. Not only did plaintiff and class members pay too much for cars now worth substantially less, but they will end up paying more to fuel their less efficient cars over the years they own and/or lease their vehicles."
Attorney Jeffrey Krinsk, who filed the class action on behalf of Handal, is demanding Volkswagen compensate the owners. The plaintiffs are asking the court to issue an injunction that would ensure the emissions scheme is stopped. The dollar amount will be decided by a jury.
Similar class-action lawsuits have been filed in Tennessee, New York, and Washington.
Here's something you might be interested in.
Local lawsuit vs. Volkswagen
Amber Handal displeased with her dirty diesel Jetta, files class action
Local lawsuit vs. Volkswagen
Amber Handal displeased with her dirty diesel Jetta, files class action
"Clean diesel is sure to continue making a splash in the alternative fuel world," reads a November 2014 post on Amerigreen.com.
Volkswagen and Audi owners in cities throughout the U.S. are rushing to file class-action lawsuits days after the Environmental Protection Agency discovered the Volkswagen Auto Group installed "defeat devices" in more than 480,000 diesel-powered vehicles in order to trick vehicle emissions tests.
On September 16, San Diego resident Amber Handal learned that the EPA had filed a notice of violations against the car company for the emissions scam. On September 23, Handal filed a class-action lawsuit against Volkswagen.
Handal, according to the complaint, leased a 2013 "clean diesel" Jetta from Mossy Volkswagen in El Cajon on May 9, 2013. She "leased the car specifically for its fuel efficiency and ‘clean diesel’ technology, and paid a premium for it."
The Environmental Protection Agency alleges Volkswagen embedded the defeat devices in vehicle software installed in every four-cylinder Audi and Volkswagen model with diesel engines from 2009 through 2015. The device tricked the tests into recording low emission levels when in reality the cars emitted 40 times the standard levels of nitrogen oxides.
"Motor vehicles equipped with defeat devices, which reduce the effectiveness of the emission control system during normal driving conditions, cannot be certified," reads a press release from the EPA. "By making and selling vehicles with defeat devices that allowed for higher levels of air emissions than were certified [by the Environmental Protection Agency], Volkswagen violated two important provisions of the Clean Air Act."
EPA officials say that the company is expected to issue a large-scale recall on vehicles sold in the U.S. to bring them into compliance. And while the recalls will not cost the owners or lessees any money, the cars will not deliver what the company promised: reduced emissions and cleaner air.
The auto group marketed their "clean diesel" technology to environmentally conscious consumers, and did a good job at it. According to the complaint, the Volkswagen Auto Group is the top seller of diesel passenger vehicles in the United States.
While the upcoming recall will bring the vehicles into compliance, it will also reduce the value, says Handal's lawsuit.
"Plaintiff and Class members are in a no-win situation: if they get the vehicles software repaired, the [vehicles] will suffer fuel economy and performance losses, and corresponding depreciation in resale value. If Class members decline to accept Volkswagen's repair of the software, the Class Vehicles will not be certifiable as passing emissions requirements, and will suffer resale depreciation and non-salability.
"Defendant charges substantial premiums for the ‘Clean Diesel’ engines in class vehicles. Not only did plaintiff and class members pay too much for cars now worth substantially less, but they will end up paying more to fuel their less efficient cars over the years they own and/or lease their vehicles."
Attorney Jeffrey Krinsk, who filed the class action on behalf of Handal, is demanding Volkswagen compensate the owners. The plaintiffs are asking the court to issue an injunction that would ensure the emissions scheme is stopped. The dollar amount will be decided by a jury.
Similar class-action lawsuits have been filed in Tennessee, New York, and Washington.
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