Southern California Firm Files Class Action Suit Against VW for Deceptive Manufacturing and Marketing of "Clean Diesel" Vehicles That Cheated in Emission Testing

REDLANDS, Calif., Sept. 21, 2015 /PRNewswire/ -- In the wake of Volkswagen AG being forced to admit that it cheated in U.S. and California air pollution tests on its "clean diesel" line of vehicles from 2009 to 2015, McCuneWright, LLP of Redlands has filed a class action complaint against the automaker on behalf of a Los Angeles man and all other owners and lessees of the affected vehicles.

"In order for VW to increase sales, consumers were told they were buying a diesel vehicle that was cleaner than a gas powered engine, and now we find out that was not true," said Richard McCune, partner of the Inland Empire's premier complex litigation firm, McCuneWright, LLP, and a national spokesperson on legal issues concerning consumers. "Volkswagen was deceptive in the manufacturing and the marketing of the vehicles. What's worse, not only did they lie to their customers but essentially to the entire population as they polluted the environment with an unlawful level of contaminants."

The vehicles include Volkswagen's Jetta (model year 2009-15), Beetle (2009-15), Golf (2009-15), and Passat (2012-15), as well as the Audi A3 (2009-15), which it also produces. The Environmental Protection Agency (EPA) and California Air Resources Board (CARB) on Friday issued notices of violation to Volkswagen Group of America, citing it for each of the approximately 482,000 sold within that group. According to the EPA, the cars were equipped with a "defeat device" -- software that would recognize when the vehicle was being tested, and implement the full pollution control systems only under those circumstances. On the open road, the vehicles were spewing up to 40 times the permitted amount of nitrogen oxide.

Reporter Hans Nichols of Bloomberg News said, "Of course, you get more torque, you get more pep, you get more speed" when the emissions controls are deactivated. He added, "The EPA thinks they caught Volkswagen red-handed."

That lawsuit points out that beginning with the 2009 model year, Volkswagen began an aggressive marketing strategy to increase its market share of diesel powered vehicles in the United States by touting its TDI (turbocharged direct injection) "clean diesel" line of vehicles.  

It was an effective campaign -- the German company sold nearly 80,000 diesel passenger vehicles in the U.S. last year, far more than its next competitor -- but also untrue, according to the EPA accusations and the McCune Wright lawsuit. Federal environmental officials have said the automaker could face fines of up to $18 billion ($37,500 per car). While the vehicles have not been recalled, VW has ordered a halt on sales of new vehicles with the TDI engine.

Richard McCune and McCuneWright have been on the forefront of MPG and emissions fraud cases, including cases against Hyundai and Ford that resulted in those companies having to restate their MPG figures and reimburse customers hundreds of millions of dollars. Richard McCune is available to talk with reporters about the Volkswagen case and the options available to those affected by it. McCuneWright, LLP has long been involved in advocating on behalf of Southern California consumers and holding large organizations accountable for their products and business practices.

Additional information regarding the VW case, #2:15-CV-07375, including a copy of the class action complaint, is available at www.mccunewright.com.

CONTACT: Jack Boren 
McCuneWright, LLP 
Phone: 909.557.1250

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SOURCE McCuneWright, LLP