PRESS RELEASE: "Clean Diesel" Emissions Class Action by Idaho Plaintiff

19-Jan-2016

PRESS RELEASE

 

 

For Immediate Release

 

 

Contact:

Fredric V. Shoemaker

Greener Burke Shoemaker Oberrecht P.A.

Telephone:  (208) 319-2600

Email:  fshoemaker@greenerlaw.com

 

 

“Clean Diesel” Emissions Class Action by Idaho Plaintiff

 

BOISE, IDAHO – JANUARY 19, 2016 – Today, Ketchum, Idaho resident Chelsea Noggle filed a class action suit against Volkswagen in Federal District Court in Idaho.  Although other class actions have been filed against Volkswagen, this is the first class action filed by an Idahoan and solely for the benefit of Idaho residents and includes relief based on Idaho’s “Lemon Law.”  The suit, filed by the Boise law firm of Greener Burke Shoemaker & Oberrecht, claims that Volkswagen intentionally breached U.S. laws and EPA regulations by selling vehicles that purposefully evaded clean air standards. Plaintiff claims she would not have purchased her new VW TCI Clean Diesel car-which she purchased from a Boise VW dealer in August 2015 had she known the German automaker installed a “defeat” device in their vehicles with the alleged purpose of dodging clean air regulations.

 

Instead of disclosing its emissions scheme, the plaintiff alleges that VW falsely represented that its vehicles complied with federal and state emissions standards.

 

The Plaintiff and Idaho VW emissions class members claim they relied on advertising and statements that the TDI Clean Diesel Volkswagens were clean, low-emission vehicles, with a long useful life, above average mileage and high performance.  They understood the cars complied with all vehicle emissions standards.

 

Instead, Volkswagen allegedly concealed material facts, putting profits above compliance with federal and state clean air laws, and emission regulations that are meant to protect the public and consumers, according to the claims.

 

The plaintiff in the Idaho VW class action lawsuit has brought this action individually and on behalf of all other current and former owners or lessees of the affected VW vehicles.  They are seeking damages, equitable relief as well as injunctive relief for the deceptive conduct of Volkswagen related to the “defeat device”.

 

 

Volkswagen Emissions Scandal Information Background

 

On September 18, 2015, the Environmental Protection Agency accused Volkswagen of installing software on 482,000 diesel cars in the U.S. to evade federal emission regulations, potentially exposing people to harmful pollutants.

 

The German automaker adopted what the EPA called a “defeat device” to mislead U.S. regulators into believing that its cars met Clean Air Act standards, the federal agency said in a statement.

 

Those cars emitted nitrogen oxides, which can exacerbate respiratory conditions such as asthma, at up to 40 times the standard level, the EPA said. These emissions are of special concern to areas that are in or close to being placed in a “non-attainment area”, like the Treasure Valley.

 

Volkswagen’s technology tricks regulators’ testing equipment into believing that four-cylinder diesel cars comply with emissions standards, but the cars are actually emitting harmful pollutants at rates of up to 40 times acceptable standards.

 

The company admitted that software designed to fool regulators affects 11 million vehicles worldwide and faces fines for violations of the Clean Air Act of up to $37,500 for each affected VW emissions recall vehicle. At an estimated 482,000 vehicles, the potential fines could reach as much $18 billion in the U.S. alone.

 

The resulting damages for VW vehicle owners include loss of value, inability to sell vehicles, reduced efficiency, and greatly increased eco footprints for cars advertised as “Clean Diesels.”

 

 

Affected 2.0 liter diesel models and model years covered by the lawsuit include:

 

  • Jetta TDI Clean Diesel (2009-2015)
  • Jetta Sportwagen TDI Clean Diesel (2009-2014)
  • Beetle TDI Clean Diesel (2012-2015)
  • Beetle Convertible TDI Clean Diesel (2012-2015)
  • Audi A3 TDI Clean Diesel (2010-2015)
  • Golf TDI Clean Diesel (2010-2015)
  • Golf Sportwagen TDI Clean Diesel (2015)
  • Passat TDI Clean Diesel (2012-2015)

 Media Contacts:

KBOI (CBS – Channel 2)  Email:  news@kboi2.com

KIVI (ABC – Channel 6)  Email:  news@idahoonyourside.com

KTVB (NBC – Channel 7)  Email:  ktvbnews@ktvb.com

Idaho Statesman  Email:  newsroom@idahostatesman.com

Idaho Business Review  Email:  news@idahobusinessreview.com

Idaho Press Tribune  Email:  newsroom@idahopress.com