The EPA issued a notice of violation of the Clean Air Act (CAA) to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. on September 18, 2015. The NOV alleges that four-cylinder Volkswagen and Audi diesel cars from model years 2009-2015 include software that circumvents EPA emissions standards for certain air pollutants. The software produced by Volkswagen is a “defeat device,” as defined by the Clean Air Act. California is separately issuing an In-Use Compliance letter to Volkswagen, and EPA and the California Air Resources Board have both initiated investigations based on Volkswagen’s alleged actions.
Affected diesel models include:
Jetta (MY 2009 – 2015)
Jetta Sportwagen (MY 2009-2014)
Beetle (MY 2012 – 2015)
Beetle Convertible (MY 2012-2015)
Audi A3 (MY 2010 – 2015)
Golf (MY 2010 – 2015)
Golf Sportwagen (MY 2015)
Passat (MY 2012-2015)
A number of class actions have been filed across the country alleging fraud and violations of various state consumer laws relating to the above notice.
As generally alleged, Volkswagen engaged in conduct consisting of both advertising on television, the radio, and the internet, and making sales representations to specific consumers using the telephone and the internet, regarding Volkswagen made were substantially similar, and included representations that: the automobiles were in compliance with lawful regulations, including federal EPA and state pollution control statutes; that the automobiles were “clean” and represented a more environmentally friendly type of automobile; and that the automobiles would, when in compliance with federal EPA and state pollution control regulations, provide particular horsepower, torque, and fuel mileage figures. These representations were all false and constitute racketeering which further harmed Plaintiffs and the Class.
Volkswagen, Porsche & Audi drivers have complained of numerous electrical issues and failures caused by a variety of vermin gnawing, chewing and ultimately eating through the electrical wires powering these cars. Upon information and belief the manufacturers of these vehicles use soy based sheathing on the electrical wires that attracts a wide variety of vermin such as mice, rodents, rats, squirrels and even animals as large as possums. Depending on the wires that are damaged, this may lead to a variety of problems resulting in hundreds, if not thousands of dollars in repairs. In addition to the effect on a variety of electrical systems, which itself poses a safety hazard to drivers and vehicle occupants, these animals may carry disease and therefore pose an additional health hazard by their presence in vehicles.
Volkswagen, Porsche & Audi manufacturers are manifestly aware that use of an organic based sheathing on wiring components has attracted a variety of vermin, and caused hundreds, if not thousands of dollars’ worth of damage to affected vehicles. Despite this knowledge, manufacturers have refused to accept responsibility for the damage and routinely reject consumer claims both in and out of warranty, placing the onus of the entire bill on the car owners.
We believe this practice is unfair and potentially actionable. If your car has been affected by this issue and you wish to discuss your legal rights and potential remedies please use the contact attorney box below. Also, if you wish to share your story publicly, we welcome your comments below.
Volkswagen Group of America is recalling certain model year 2012-2013 Passat vehicles manufactured January 2011 through November 2012. In the affected vehicles, the low beam headlight bulb may become loose and lose electrical contact.
A loss of low beam headlights may reduce the driver’s visibility and increase the risk of a crash.
Volkswagen will notify owners, and dealers will replace the bulb holder, free of charge. The recall is expected to begin in May 2014.
According to the complaint, beginning on or before 2007, Volkswagen Group of America (“VW”) manufactured, sold and distributed certain models of vehicles that contain a detective engine system that results in overconsumption of engine oil, directly affecting the performance usage of the vehicle.
The models of vehicles with a defective engine system include at least the following: 2008-2011 Audi IT, 2008-2011 Audi A4, 2008-2011 Audi A5, 2008- 2011 Audi S5, 2008·2011 Audi Q5, 2007 Volkswagen EOS, 2007-2008 Volkswagen Passat, 2008 Volkswagen GTI, and 2009 Volkswagen Tiguan.
Plaintiffs bring this action on behalf of themselves and all other similarly situated owners and lessees within the United States of model year 2003-2007 Volkswagen New Beetle automobiles equipped with a Tiptronic automatic transmission to seek monetary, declaratory, and equitable relief for their claims arising out of a defect in the design and/or manufacture of the automatic transmission of the subject vehicles. The defect causes the transmission to malfunction and require replacement, thereby forcing vehicle owners to sustain monetary damages, and leaving them with a malfunctioning vehicle. Defendant Volkswagen Group of America (“Volkswagen” or “Defendant”) has been aware of the defect, but at first chose to ignore it, and shirked all responsibility.
According to the complaint, when the clamor of affected vehicle owners grew, Volkswagen eventually agreed to extend the warranty but only for the valve body of the transmission for the subject vehicles. This warranty extension, however, is of little use because it does not cover any damage to the vehicle’s transmission which, as a direct result of the defective transmission valve body, fails and needs replacement at a cost of several thousands of dollars. In effect, Volkswagen’s offer to extend the warranty but to limit that extended coverage only to the transmission’s valve body while washing its hands of any liability for the resultant damage to the transmission itself, is tantamount to relying on the proverbial “finger in the dike” approach to dealing (or refusing to deal) with the defects prevalent in VW’s transmission.
The complaint against Volkswagen was brought on behalf of Florida residents who purchased and/or leased a Volkswagen vehicle for personal,family or household use, which vehicle had or currently has a defective fuse box/alternator cable electrical system that melted or burned, or is at risk of melting or burning, thereby causing or threatening to cause the vehicle to lose power while underway in traffic or to catch fire.
The vehicles affected include (a) the 2003-2005 New Beetle Convertible, nd the 1999-2005 New Beetle (the “Vehicles”)
As alleged in the complaint, the failure of the fuse box/alternator cable assemblies is not a result of normal wear and tear or a reasonably expected failure rate for new parts, but is a basic design defect that existed at the time of manufacture of each vehicle and is believed to be related to the current carrying capacity of one or more components of the assemblies.
By complaints of its customers, both directly and through its dealers, Volkswagen was on notice that the fuse box/alternator cable assemblies were defective and not fit for their intended purpose of properly and effectively distributing electrical charge to the battery and power to other systems Volkswagen actively concealed and/or failed to notify the public of the existence and nature of said defects or of the possible safety issues presented by the defects Volkswagen has not recalled the Vehicles to repair the defects, it has not offered to repair the defects to its customers free of charge, and it has not offered to reimburse owners, present or past, who incurred costs relating to system repairs.
Plaintiffs allege that Volkswagen is responsible and liable for the costs of inspecting and replacing the defective fuse box/alternator cable assemblies.
Volkswagen is recalling certain model year 2012 beetle vehicles. Some vehicles may be equipped with summer tires that fail to comply with federal motor vehicle safety standards 110 “tire selection and rims” and 139 “new pneumatic tires for light vehicles.”
According to National Highway Traffic Safety Administration, improper tires may lead to the tires being over-loaded and/or under-inflated, increasing the risk of a vehicle crash.
Per terms of the recall, Volkswagen will notify owners, and replace the noncompliant tires, free of charge. The safety recall is expected to begin in September 2012. Owners may contact Volkswagen at 1-800-822-8987.