Owners of VW, Audi, Porsche TDI Clean Diesel Models May Qualify to File a Lawsuit over Emissions Fraud

Volkswagen admitted it fraudulently misled consumers about the emissions of its "TDI Clean Diesel" models through a defeat device that made the cars appear to emit lower levels of greenhouse gases than they actually did. Volkswagen recalled 11 million Volkswagen and Audi models in connection with the Dieselgate emissions cheating scandal. Hundreds of VW, Audi, and Porsche diesel owners have filed lawsuits against the German automaker over the company's lies and the lost value of their vehicles.
Numerous commercial fraud lawsuits and class action litigation claims have already been filed against Volkswagen by VW and Audi owners nationwide. Legal experts predict that the German automaker could face billions in legal liability and EPA fines as a result of its fraudulent claims regarding the performance and emissions of the recalled TDI vehicles.

Volkswagen announced in September 2015 that it would recall about 11 million diesel-powered vehicles worldwide, including nearly 500,000 vehicles in the U.S. The company admitted that it had installed a “defeat device” on millions of Volkswagen and Audi “TDI Clean Diesel” models. This software device enabled Volkswagen’s diesel engines
to evade emissions testing limits, enabling the vehicles to pass inspection even though they emitted up to 40 times more pollutants than allowed under federal law.

After further investigation in conjunction with the EPA, researchers discovered that this discrepancy was due to a software “defeat device” installed by Volkswagen on the TDI models, which was designed to alter the vehicles’ emissions levels during testing, making the vehicles appear more eco-friendly than they actually were. In reality, researchers discovered, the VW and Audi TDI models emitted levels of the air pollutant nitrous oxide that were up to 40 times higher than the maximum level allowed under the Clean Air Act.

After being confronted by the EPA, Volkswagen was forced to admit that it had lied to consumers who purchased its “TDI Clean Diesel” models by fraudulently claiming that these cars offer a level of performance and eco-friendliness that they did not actually possess. The company announced that it would recall about 11 million VW and Audi “clean diesel” models worldwide—including nearly 500,000 vehicles in the U.S.—after formulating a plan to fix the high emissions levels that are emitted by these cars. But although this plan will address Volkswagen’s violations of federal environmental laws, it will likely mean a significant drop in the performance of these vehicles for drivers who already own one of the recalled TDI models.

The vehicles included in the Volkswagen diesel recall include the 2009-2015 Audi A3 TDI, the 2016 Audi A6 Quattro, the 2016 Audi A7 Quattro, the 2016 Audi A8, the 2016 Audi A8L, the 2016 Audi Q5, the 2015 Porche Cayenne, the 2009-2015 Volkswagen Beetle TDI, the 2009-2015 Volkswagen Golf TDI, the 2009-2015 Volkswagen Jetta TDI, the 2012-2015 Volkswagen Passat TDI, and the 2014 Volkswagen Touareg. Further investigation into the Volkswagen scandal may reveal that additional VW or Audi models are also affected by the diesel engine emissions issue.

Many consumers who purchased Volkswagen diesel-powered vehicles—including Golf, Passat, Jetta, Beetle, and some Audi models—chose those vehicles because they seemed to offer a unique combination of driving performance, environmental friendliness and high gas mileage. In the wake of Volkswagen’s admission that its diesel engines create significantly higher levels of pollution than those allowed under federal law, many drivers who purchased the company’s “clean diesel” vehicles are wondering whether they may be eligible to file a lawsuit against the company over its efforts to mislead the public about the environmental friendliness of its vehicles. They are also concerned that the possible “fix” for the emissions problem will result in a loss of performance and a decrease in gas mileage.

Volkswagen has announced that it will develop a plan to fix the emissions problem with its diesel vehicles in order to comply with federal pollution requirements under the Clean Air Act. However, these repairs will more than likely affect the performance of the 500,000 vehicles involved in the recall, making them far less enjoyable to drive than the vehicles drivers may have thought they were purchasing.

Owners of one of the Volkswagen or Audi “TDI Clean Diesel” models that were recalled by VW may be eligible to join the numerous lawsuits that have already been filed against the German automakers. As Volkswagens admissions in the Dieselgate scandal have made clear, the company knew for years that it was selling vehicles that failed to meet U.S. emissions standards and fraudulently lied its customers by touting the eco-friendly technology of these vehicles.