Volkswagen Emissions Fraud Claims
Volkswagen and Audi are recalling an estimated 500,000 vehicles in the United States for repairs after it was discovered the company programmed engine management software in certain diesel cars to turn on emission controls for nitrogen oxide when being tested. Once those cars were put on the road, they would emit up to 40 times more emissions than the limit set by the Environmental Protection Agency. The affected models are listed below.
Affected Models / Years
Jetta (2009-2015) Golf (2010-2015)
Beetle (2012-2015) Passat (2012-2015)
Audi A3 (2009-2015) See other models below
Volkswagen Emissions Recall Lawyer
Volkswagen has halted the sale of certain diesel-powered models and is preparing to recall close to 500,000 vehicles that were sold in the U.S. This is due to the Environmental Protection Agency issuing a notice of violation (NOV) of the Clean Air Act (CAA) to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. In the notice of violation the EPA alleges Volkswagen knowing misled consumers into believing they were purchasing vehicles that would have less of an impact on the environment. If you own one of the vehicles please call Mukerji Law Firm to see if you are eligible to file a claim.
Volkswagen and The Environmental Protection Agency
The Environmental Protection Agency issued a notice of violation (NOV) of the Clean Air Act to Volkswagen AG. The NOV alleges that Volkswagen knowingly put “sophisticated software” to circumvent EPA emissions standards of certain air pollutants. Cynthia Giles, Assistant Administrator for the Office of Enforcement and Compliance Assurance said “Using a defeat device in cars to evade clean air standards is illegal and a threat to public health.”
The sophisticated software algorithm on is able to detect when the vehicle is undergoing official emissions testing and turns full emissions controls on during the test. During an independent analysis, the EPA and CARB (California Air Resources Board) discovered the defeat device software and found that the vehicles were actually emitting nitrogen oxides up to 40 times the standard.
Nitrogen oxide contributes to nitrogen dioxide, ground-level ozone and fine particulate matter. Exposure to which has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses.
Volkswagen Emissions Recall
Since receiving the EPA’s notice of violation, Volkswagen AG has halted sales of all Volkswagen and Audi 4-cylinder diesel-powered engines and are also expected to recall 500,00 vehicles. The following models are included in the recall:
Affected 2.0 liter diesel models include:
- Jetta (2009-2015)
- Jetta Sportwagen (2009-2014)
- Beetle (2012-2015)
- Beetle Convertible (2012-2015)
- Audi A3 (2010-2015
- Golf (2010-2015)
- Golf Sportwagen (2015)
- Passat (2012-2015)
Affected 3.0 liter diesel models include:
- Volkswagen Touareg (2014)
- Porsche Cayenne (2015)
- Audi A6 & A7 Quattro (2016)
- Audi A8 (2016)
- Audi Q5 (2016)
The recall comes after Volkswagen admitted to using a defeat device in their diesel model vehicles after months of investigation from the EPA.
Volkswagen’s False advertising
Many who purchased their VW and Audi diesel cars believed they were made their purchase because they wanted to help the environment. The vehicles themselves were marketed in offering low level emissions of smog-causing pollutants and still delivering high fuel efficiency and high performance.
To fix this issue it is believed that VW will have to reprogram the onboard computers to restore the full emissions control systems. Doing so might cause the high performance, high fuel efficiency that was advertised to reduce. Along with performance, resale and trade-in value of the vehicles might also be affected.
Volkswagen Diesel Car Values Decline
If you purchased a Volkswagen diesel vehicle that is a part of the Volkswagen emissions recall you’re probably wondering about your vehicle’s value. Since the discovery of the defeat device and Volkswagen AG admitting to the use of the emissions control software Kelly Blue Book states that resale value on all Volkswagen vehicles has declined. While non-diesel vehicles have only declined by 2%, diesel vehicles have declined by 13%. It’s unknown if Volkswagen will refund the lost value of the affected vehicles. We are handling these cases on a contingent fee basis – there are no attorney’s fees collected unless we recover compensation. Please contact us immediately at 713-222-1222. At the time of posting (10/13/2015), prices fell 13% Source: CNBC
How We Can Help
If you purchased or leased any Volkswagen “Clean Diesel” 2009-2015 model please contact Mukerji Law Firm. We will evaluate your case for free to determine if you have a claim. Consumers are currently filing lawsuits against Volkswagen, claiming they have been misled into purchasing the vehicle and the value of their vehicle has been substantially diminished due to the scandal. They also allege that in order to make their vehicles compliant with emissions standards, their automobile’s fuel efficiency, horsepower and other performance characteristics will be significantly reduced. We are handling these cases on a contingent fee basis – there are no attorney’s fees collected unless we recover compensation for your damages. No recovery, no fee.
Frequently Asked Questions
What should I expect if I own an affected Volkswagen diesel vehicle?
As the owner of an affected Volkswagen diesel vehicle, it is likely that you will receive a recall notice in the future. This notice will come from Volkswagen. It will provide you with information about the recall and with instructions about how to get your car repaired at no cost to you.
Can I continue to drive my vehicle?
Yes. These cars are safe and legal to drive. Owners do not need to take any action at this time.
Will EPA take or confiscate my vehicle?
Absolutely not. EPA will not confiscate your vehicle or require you to stop driving. You will not be charged for any repairs made under any recall.
Can EPA require Volkswagen to recall these vehicles?
Yes. EPA has the authority under section 207 of the Clean Air Act to require a manufacturer to issue a recall when EPA determines that a substantial number of vehicles do not conform to EPA regulations.
Is EPA officially requiring Volkswagen to issue a recall now?
No. EPA expects to compel VW to issue a recall in the future to reduce the emissions impacts of these vehicles. Owners will be notified of that recall once Volkswagen and Audi have developed a remedial plan and EPA has approved the plan. Manufacturers are given a reasonable amount of time to develop a plan to complete the repairs, including both the repair procedure and manufacture of any needed parts. Depending on the complexity of the repair and the lead time needed to obtain the necessary components, it could take up to one year to identify corrective actions, develop a recall plan, and issue recall notices.
Will I be required to have my vehicle repaired once it is recalled?
That depends. Some states require proof that emissions recalls have been performed prior to issuing the vehicle registration. Even in states that do not have this requirement, it is important to have emissions recalls performed because without the repairs, your vehicle may be emitting harmful pollutants in excess of the federal emission standards. You are not responsible for repair costs related to an emissions recall.
I live in an area that requires periodic emissions tests. What happens if my car fails?
It is unlikely that the presence of this device will cause your vehicle to fail. In fact, the defeat device was specifically designed to ensure that vehicles would pass inspection. The defeat device has been installed in the affected VW diesels since 2009. To date, EPA has no indication of any pattern failures with these vehicles during inspection and maintenance emission tests.
Can I turn off the defeat device?
No. The device is embedded in the software code that runs the engine control computer.
What pollutants are being emitted?
Vehicles emit an array of pollutants. EPA standards control the allowable emission levels of nitrogen oxides (NOx), hydrocarbons, carbon monoxide, carbon dioxide, particulate matter, and certain toxic chemicals. The VW defeat device affects the way the NOx control system operates, resulting in higher NOx emission levels from these vehicles than from vehicles with properly operating emission controls.
How much more pollution is being emitted than should be?
NOx emission levels are 10 – 40 times higher than emission standards.
Is this contributing to bad air quality in my city/area?
All vehicles emit some pollution that, along with emissions from other sources, affects local air quality. Vehicles with high emission levels have a disproportionate impact. EPA emission standards are designed to protect local air quality and maintain clean and healthy air. The VW diesels with the defeat device do not comply with EPA emission standards.