On September 18, 2015, nearly 482,000 diesel passenger cars in the United States were ordered to be recalled by the U.S. Environmental Protection Agency. This recall covers vehicles sold since 2008 under the Volkswagen and Audi brands. The recall covers the following models of Volkswagen and Audi vehicles:
- 2009-2015 Volkswagen Jetta
- 2009-2015 Volkswagen Beetle
- 2009-2015 Volkswagen Golf
- 2014-2015 Volkswagen Passat
- 2009-2015 Audi A3
The cars were manufactured and programmed by Volkswagen only turn on their full emission control systems when they detected that they were undergoing official emissions testing. During normal driving conditions, the controls would automatically switch off, resulting in the vehicles emitting significantly greater amounts of pollutants, a violation of U.S. clean air laws.
How Volkswagen’s False Advertising and Fraud May Have Harmed You
A lot of consumers made the conscious decision to purchase these vehicles because they believed they were making a decision that they believed would help the environment. The cars were marketed to consumers as fuel efficient vehicles that would emit low levels of pollutants. One such example is that Volkswagen championed the fact that “this ain’t your daddy’s diesel, stinky, smoky, and sluggish.” Anything related to those advertised features are now doubtful and, as a result, has impacted the resale and/or trade-in value of those cars.
According to the EPA, the recalled Audi and Volkswagen cars emit as much as 40 times the national standard of nitrogen oxide (NOx). Diesel engines, by their very nature, emit more NOx than gasoline engines. NOx has been causally linked to lung illnesses, including asthma.
Unfortunately, Volkswagen, to date, has not revealed what it will do to repair the cars. Most likely, Volkswagen will have to reprogram the onboard computers in order to restore the full emissions control systems during any and all driving conditions. Though this will hopefully repair the problem, Bill Visnic, an automotive writer, has stated that reprogramming the engine to get NOX emissions to acceptable levels will reduce engine power and torque. “This means that on-the-road performance will be compromised. The reprogramming could mean that the diesel engines’ outstanding fuel economy, the primary reason most people buy a diesel, will also be reduced.”
John (Jack) Zinda
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If you have purchased or leased a 2009-2015 Volkswagen Jetta, Beetle, or Golf, a 2009-20015 Audi A3 or a 2014-2015 Volkswagen Passat, which is equipped with a diesel engine, please contact Zinda Law Group today. We offer a free evaluation of your case to determine if you have a claim. We will be able to evaluate your potential claim and offer any questions you may have.
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Consumers have different remedies available to them through state and federal laws when products are falsely advertised or do not perform up to the standards advertised. Even if the warranty period for the product has expired, consumers can likely benefit from the consumer protection laws.
An individual claim is usually too expensive to litigate. Fortunately, the law provides for consumers to file class action lawsuits together. In that case, a small number of consumers can file a class action suit and represent all consumers who purchased the defective product. Class action lawsuits are an effective tool available to consumers that will require the corporation to acknowledge its responsibilities and provide compensation to the individual class members.
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Jetta, Beetle, Audi A3, Golf, and Passat are registered trademarks of Volkswagen Group or Volkswagen Aktiengesellschaft. The use of these trademarks is solely for company and product identification and informational purposes. Volkswagen Group is not in any affiliated with Zinda Law Group. Nothing on this website has been authorized or approved by Volkswagen Group.
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