Increased Lawsuits Over Volkswagen Diesel Emissions Scandal: Do You Have a Case?

 

 

 

 

 

 

Volkswagen Preliminary Class-Agreement: 3.0 Liter Vehicles 

On January 31st, 2017 VW filed a proposed class action settlement for the 3.0 Liter vehicles. This is a preliminary agreement that will be further discussed in February 2017. This preliminary proposed agreement divides the 3.0 Liter owners into two classes that have been denominated Generation I and Generation II.  

The Generation I vehicles include, all Volkswagen Touaregs and Audi Q7 model year 2009 through 2012. The Generation II vehicles include the rest, namely the 2013 through 2016 Volkswagen, Audi, and Porsche TDI vehicles.  Although the proposed settlement includes all 3.0 vehicles, each generation will receive different options. 

The owners with vehicles under the Generation I class will be offered the option of a buyback or, if approved by the EPA and CARB, an emissions modification ("fix"). If the consumer had a lease, they will be able to cancel the lease and return the vehicle, or they may choose the fix. An additional compensation, denominated owner's restitution, is expected and will also be available. 

For Generation II vehicles, VW strongly believes that the EPA and CARB will approve modifications to the vehicles that would make them compliant with regulations. Because of this, Volkswagen will not be required to buyback these vehicles, unless this emission compliant modification can't be achieved. Namely, Generation II vehicles will only have the option of modification ("fix"). 

If you do not wish to participate in the class action you must opt-out, on or before April 14, 2017.

WARNING: BASED ON THE EARLIER CLASS ACTION PROCEDURE, THE OPT-OUT PROCESS WILL BE CRITICAL AND MUST BE FOLLOWED EXACTLY.  THE OPT-OUT NOTICE MUST BE MADE BY THE VW OWNER (NOT AN ATTORNEY OR AGENT) AND MUST BE MAILED AND POSTMARKED BY THE APRIL 14, 2017 DATE.  FAILURE TO FOLLOW THESE INSTRUCTIONS WILL "LOCK YOU IN" TO THE CLASS ACTION AND WILL PREVENT YOU FROM FILING IN STATE COURT.

The 3.0 owners do not have to wait until the opt-out period to hire an attorney.  Our firm represents clients who elected to leave the class action and pursue their claim for damages in state court.  

If you would like additional information about our efforts on behalf of other Volkswagen diesel owners, you may contact us by calling 800-800-4529 or by emailing us at [email protected].  You may also complete and return our intake form available here.

 

If you wish to learn about the experiences of the 2.0 owners with the VW buyback program read the following:

---On August 9, 2016 the Federal Trade Commission (FTC) published, on their official website, a Consumer Information article entitled "VW owners, get the facts!"  In this article, the Associate Director for Consumer and Business Education of the FTC warns VW owners of potential offers, outside of the class action, to purchase these vehicles.  At the end of the article VW owners are allowed to post comments.  Most of these owners, presumably owners that stayed in the class action, share their experiences with the "buy-back" program.  Read Here

---On December 7, 2016 Paul Muschick, published a column with the title "VW Diesel Buyback Program Has Rocky Start"  Read Here

---December 8, 2016 David Tracy wrote an article discussing an official report from Ankura Consulting, the firm appointed by the Court to make sure Volkswagen adheres to the approved settlement.  The article is called "Owners Are Right: Volkswagen Is Missing its Dieselgate Buyback Deadlines".  Read Here

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Volkswagen class-settlement: The Big Picture

Volkswagen Group of America, Inc. ("VW") has agreed to certain settlements involving the scandal, including agreements with the States, the Environmental Protection Agency and the consumers. The settlement for the consumers received final approval on October 25, 2016. 

The approved settlement proposes two options for compensation, a "buy-back" and a "modification", but does not provide for punitive damages. By settling these claims Volkswagen prevents the scrutiny of the facts by a jury in a state court, where they could render a verdict for as much as $350,000 (Virginia) per case in punitive damages to punish VW for its conduct.

VW's strategy has been to do everything in its power to delay resolution of cases filed outside of the class action in an effort to discourage private lawsuits, which will be much more expensive for VW to resolve. Preliminary statistics show that of the 489,000 2.0 Liter diesel vehicles involved in the scandal, the owners of only 3,298 opted out of the class action. This represents 0.06% of the putative members of the class, greatly reducing VW potential exposure to punitive damages. Our law firm represents a significant number of the owners that opted-out.

If you are among the enlightened group of VW diesel owners that opted-out and you are seeking legal representation to pursue an individual claim, you still have time to join our efforts by retaining us.  You may review Our fee Agreement here. If you own a 3.0 Liter diesel involved in the scandal, then there is no opt-out deadline and you still have time retain our services. If you want our firm to represent you, review and sign our fee agreement and return it to us by email at [email protected]

Call our office if you would like further information at 1-800-800-4529 or email us at [email protected] 

 

 

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Increased Lawsuits Over Volkswagen Diesel Emissions Scandal:  Do You Have a Case?

The Volkswagen Diesel Emissions Scandal has affected many car owners.  If you currently own or lease a VW diesel or recently sold, traded-in or terminated a lease, call Egerton Law today to speak to a lawyer.

We are currently accepting cases from the current or former owners and lessees of the following Volkswagen, Porsche, and Audi vehicles.

  • VW Jetta TDI (2009-2015)
  • VW Jetta SportWagen TDI (2009-2014)
  • VW Golf TDI (2010-2015)
  • VW Golf SportWagen TDI (2015)
  • VW Beetle and VW Beetle Convertible TDI (2012-2015)
  • VW Passat TDI (2012-2015)
  • VW Toureg (2014)
  • Porsche Cayenne (2015)
  • ‚ÄčAudi A6 Quattro, A8, A8l, and Q5 (2016)

As many people know, Volkswagen Group of America, Inc. (Volkswagen) has been involved in an international scandal regarding its Clean Diesel TDI line of vehicles.  In September of 2015, the Environmental Protection Agency (EPA) went public with damaging information about Volkswagen's alleged practices, which were designed to bypass the emission certification process.

It has been alleged that, beginning in 2009,Volkswagen installed a special "code"
 (known as a "defeat device") in its vehicles' computers that would secretly modify the performance of the cars only when they were being tested for emissions.  Porsche Cars North America, Inc. (Porsche) and Audi have also been implicated in this scheme.  These car makers allegedly chose to misrepresent the characteristics of their vehicles to the public, willfully misleading their customers and the government.

VW has admitted that they marketed, advertised, sold and leased vehicles equipped with the "defeat device" and concealed its existence, allowing the vehicles to be sold in the United States despite it issuing illegally high emissions of noxious gasses during regular on-road use.

Soon after this scandal was made public, hundreds of cases were filed against Volkswagen by owners and lessees from all over the country.  These cases were consolidated in the federal court in California before Hon. Judge Charles Breyer.  On July 26, 2016 Judge Breyer gave preliminary approval that Volkswagen was authorized to send notices to qualifying class members with the terms of agreement.

The current proposed settlement agreement provides that, if you do not wish to be part of the class settlement you can "opt-out", and must do so on or before September 16, 2016.

No such agreement has been reached for the 3.0 liter vehicles.  On August 25, 2016, a hearing took place to discuss the status of the 3.0 liter vehicle, and it was informed that negotiations for these cars had not begun.  Another hearing has been scheduled for November 2016.  In the meantime, Volkswagen has to convince certain regulatory agencies that the vehicles with a 3.0 liter engine can be fixed and made compliant.  The government agencies will have the last word regarding this issue.

Lawsuits have been filed against Volkswagen by many of those who own their cars.  If you are the current owner or lessee of one of these Volkswagen, Porsche, or Audi vehicles and want to know more about your options, call Egerton Law today.  Our experienced attorneys are available to answer all of your questions.