What exactly did Volkswagen do?

Right now we know that Volkswagen has admitted to intentionally installing a sophisticated software device into their “clean diesel” TDI (Model Years 2009-2015) vehicles which was used to cheat federal and state emissions testing. The Environmental Protection Agency (“EPA”) determined that Volkswagen’s defective vehicles emit between 10 to 40 times the legally allowable levels of nitrogen oxide. On September 18, 2015, the EPA issued a Notice of Violation to Volkswagen and recalled all of the defective vehicles.

Although Volkswagen knew that the defective vehicles were violating federal and state emission standards, they marketed the cars to you, the consumer, as “environmentally friendly” vehicles which also offered the same great mileage and performance capabilities as comparable gasoline powered vehicles. Volkswagen charged you a premium for your “clean diesel” vehicle.

In a word, they lied. When a lie induces a business transaction, like selling a car, it's fraud.

Which cars are affected?

2.0 Liter Diesel Models

• VW Jetta (2009 – 2015)
• VW Jetta SportWagen(2009 – 2014)
• VW Beetle (2012 – 2015)
• VW Beetle Convertible (2012 – 2015)
• Audi A3 (2010 – 2015)
• VW Golf (2010 – 2015)
• VW Golf SportWagen (2015)
• VW Passat (2012 – 2015)

3.0 Liter Diesel Models

• Audi A6 (2014 - 2016)
• Audi A7 (2014 - 2016)
• Audi A8 (2014 - 2016)
• Audi A8L (2014 - 2016)
• Audi Q5 (2014 - 2016)
• Audi Q7 (2009 - 2016)
• Porsche Cayenne (2013 - 2016)
• VW Touareg (2009 - 2016)

So, they lied about the emissions? How does this affect me?

Well, first, Volkswagen fraudulently induced you to buy a vehicle based completely on lies and misrepresentations. Not only is the car not “clean”, but the emissions problem can’t be fixed without significantly affecting your vehicle’s mileage and performance capabilities. Basically, once the car is fixed to comply with the law – it will drive just as you would expect a regular diesel to drive – sluggish while guzzling gas. And, we all know that diesel fuel is considerably more expensive than regular gasoline, so you paid more for a car that costs more to refuel but gets better gas mileage – except it doesn’t.

If that doesn’t ruffle your feathers, maybe this will -

Right now, you are polluting the environment far beyond legal limits. You can continue to drive you car, but you will eventually have to have the emissions controls fixed so that the car will comply with the law. If you don’t, you will be unable to re-register your vehicle until it is compliant.

And, most importantly, Volkswagen’s fraud has caused significant depreciation in the value of your vehicle. Your car is simply not worth the premium price you paid for it, and once it is fixed, it will be worth even less since it will no longer provide the mileage or performance it once did.

Plus, Volkswagen’s reputation is going to take a major hit because of their fraud. If you have been watching the news, you probably have already heard that since the scandal broke, Volkswagen sales have slumped. Buyers do not want to waste their money on a company they can’t trust. It will be difficult to sell your vehicle. Even if you manage to sell it, you will probably make far less than you would have before the fraud was uncovered.

Ok. I’m mad. But, why should I join the class action lawsuit?

Class actions provide legal recourse for large groups of similarly situated people. They are typically filed by one person or small group of people (known as the Class Representatives) on behalf of all those who were harmed in the same way (known as the “Class Members”).

This situation lends itself to a class action lawsuit. We know there are potentially 500,000 people who have all been defrauded by Volkswagen in a similar way. Claims like the ones we have filed, and will continue to file in the coming weeks, are being filed in courts all across the country. Eventually, the claims in federal court will be consolidated into one action, which you will get to be a part of. Other large groups of claims will be filed in various state courts and handled together. The hard work for the lawyers is to force Volkswagen to make things right and pay damages, which is more than just getting the cars fixed.

There are many costs associated with any litigation. Not only are there lawyers’ fees, but there are also court costs and expert fees and the list goes on. If you were to try to sue Volkswagen on your own, you would probably spend more money trying to litigate your case than what you would ultimately recover. But, with a class action lawsuit, or joining a large group of plaintiffs in a state court action, all the costs are spread among all of the plaintiffs. The cost to litigate goes way down, and your ultimate recovery goes up.

Well, won’t I recover even if I don’t join the class?

Yes, in cases like this the courts always set aside a portion of the recovery for attorneys’ fees and set the fees that each plaintiff will pay. So, even if you don’t hire a lawyer or join the class, you’ll still have to pay for attorneys you didn’t even get to choose. And, in some cases a law firm like ours with a large number of cases can opt out of a class settlement and force a separate and better deal for its clients.

There are so many law firms out there. Why Should I choose Kreindler?

You should choose Kreindler & Kreindler because this is what we do. From aviation to railways to interstates, we are the experts in auto and mass transportation litigation. We understand this kind of work and we are good at it. We also represent a large number of claimants so we provide an opportunity for the best resolution.

We have the experience and resources to litigate a case like this. In all class action lawsuits there are lots of lawyers in the mix. What’s different about our firm is that we are leading the pack. We are part of the small group of attorneys who are in the conferences, in the courtroom, talking with the defendants and making arguments to the judges. We are the attorneys guiding the litigation and getting the results we want for our clients. Our results speak for themselves. We have successfully litigated many other class actions and mass torts, such as the NFL concussion lawsuit and the BP oil spill.

I’m not from New York, Massachusetts or California where Kreindler has offices. Does that mean you can’t represent me?

No, we are taking class members from all over the country and filing cases all over the country. Where we file depends on the best jurisdiction for each individual client.

How long will this take?

While there is no crystal ball in cases like these, we do believe that this case will go fairly quickly. Our best guess is that the lawsuit will take about two years, but your car will be fixed long before that.

What will I recover?

There are no guarantees in any litigation that you will recover. However, in this case, Volkswagen has already admitted that they defrauded their customers. We are fairly confident that Volkswagen will compensate Class Members for this fraud, and class members will recover a substantial sum of money.

At most basic level, Volkswagen needs to compensate you for the diminution in the value of your vehicle, meaning the difference between what you thought you were getting and what you actually got.

This could be the difference between the premium value you paid, and the actual value of the car. Volkswagen may also have to compensate you for your loss in resale value. For example, if you could have sold your vehicle for $20,000 before the fraud was uncovered, and now you can only resell it for $5,000, then Volkswagen owes you $15,000.

But, we want to take this one step further because we believe Volkswagen should be held responsible for lying to you. We are filing our lawsuits in the states that have the best laws for you. These states have consumer fraud protection acts which allow plaintiffs to collect what’s known as treble or punitive damages, damages meant to punish the defendants for their wrongful conduct. In some states, treble damages allow judges to award plaintiffs two to three times the actual damages. So, check this out, if the class wins in a state that allows treble damages and Volkswagen owes you $15,000 for the difference in the resale value of the car, the damages ultimately recovered could get as high as $30,000 to $45,000.

What is this going to cost me?

You will never pay any costs out of pocket. We will handle all of the costs of litigation. If you recover, we get the agreed upon 1/3 of the recovery set in our agreement. Keep in mind that in class actions the judge often decides how much money the attorneys will receive for their work. If a judge determines that we should only get 25%, that’s all we will take. If you don’t recover anything, you don’t owe us anything.

Can I have my car fixed if I join the lawsuit?

Yes, just don’t sign anything from Volkswagen stating that you won’t litigate in exchange for the fix.