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CTSH Files Class Action on Behalf of Connecticut Plaintiffs against Volkswagen

October 9, 2015

Carmody Torrance Sandak & Hennessey LLP announces that it has brought a class action lawsuit in the State of Connecticut Superior Court on behalf of six named plaintiffs that represent a statewide class of those who purchased or leased certain Volkswagen or Audi automobiles equipped with 2.0L, four-cylinder Turbocharged Direct Injection (TDI) “CleanDiesel” engines, between 2009 and September 2015. Plaintiffs are seeking damages and equitable relief.

The lawsuit alleges that the defendants, Volkswagen Group of America, Inc. and Volkswagen AG, marketed and advertised “CleanDiesel” Vehicles as high-performance vehicles that were also eco-friendly, made statements about the benefits of the vehicles that were false or misleading, charged a premium for the vehicles, and intentionally concealed the presence of “defeat devices” to cheat emissions tests. The lawsuit alleges that Volkswagen’s conduct violates a number of laws, including the Connecticut Unfair Trade Practices Act.

On September 18, 2015, the United States Department of Environmental Protection (“EPA”) issued a Notice of Violation against Volkswagen for equipping the CleanDiesel Vehicles with a “defeat device” that fully engages CleanDiesel Vehicles’ emissions controls systems when an official emissions test is being performed. However, during normal driving situations, the emissions controls are disabled, allowing the vehicles to emit as much as 40 times the emission of nitrous oxides allowed under the Clean Air Act. In a public apology issued on September 20, 2015, Volkswagen CEO Martin Winterkorn did not contest the assertions by the EPA that the CleanDiesel Vehicles were equipped with defeat devices. Winterkorn has since resigned as CEO, and Volkswagen has ordered its United States dealers to halt all sales of new and used diesel automobiles.

Members of the class are defined as all consumers who have purchased or leased one or more of the following vehicles in Connecticut:

Volkswagen Jetta TDI and Jetta Sportwagen TDI (model years 2009-2015),

Volkswagen Beetle TDI and Beetle Convertible TDI (model years 2009-2015),

Volkswagen Golf TDI (model years 2009-2015),

Volkswagen Passat TDI (model years 2012-2015), and

Audi A3 TDI (model years 2009-2015).

Click here to read the full complaint. 

Carmody lawyers Ann H. Rubin and Lauren J. Taylor are lead counsel. To join the class action, please contact Ann H. Rubin at arubin@carmodylaw.com, or Lauren J. Taylor at 203-575-2637 or ltaylor@carmodylaw.com