KR Asks Federal Judge to Prohibit VW and Audi From Making Misleading Statements to Drivers

Attorneys at Keller Rohrback have filed a request for a temporary restraining order against Volkswagen Group of America, Inc., and related entities to prevent the auto maker from sending misleading communications to drivers of certain Volkswagen and Audi diesel vehicles.

According to the request, filed Friday in federal court in Los Angeles, Volkswagen and Audi have begun reaching out to people who lease or own vehicles with “defeat devices” designed to cheat emissions testing, promising that they will directly contact them soon with additional info.

One letter, sent by Scott Keogh, President of Audi of America, promises to “set the record straight,” But, as plaintiffs argue, that letter is misleading because it does not include complete information about consumers’ legal rights and the status of the legal action pending against Volkswagen and Audi. 

“Unfortunately, Volkswagen and Audi have an admitted track record of deceiving their customers and regulators. They are well aware that there are class action lawsuits pending against them, so they have a duty not to provide misleading information to potential class members,” said Gretchen Freeman Cappio, a partner at Keller Rohrback L.L.P. “And we have a duty on behalf of our clients and the class to hold those companies accountable.”

Keller Rohrback has filed seven class action lawsuits on behalf of clients in over 40 states and the District of Columbia since the U.S. Environmental Protection Agency announced that Volkswagen had violated the Clean Air Act by installing “defeat devices” on nearly a half million diesel vehicles in the United States.

Consumers paid a premium for TDI CleanDiesel vehicles, in some cases up to 31% more than a gasoline model, according to Keller Rohrback’s lawsuit. Consumers who believed they were buying or leasing low-emission, fuel-efficient vehicles, instead ended up with cars that pollute so much they violate the Clean Air Act.

If you or someone you care about owns or leases any of the affected vehicles described below, or if you are concerned that your vehicle may be affected, please call attorneys Gretchen Freeman CappioMatthew PreuschRyan McDevitt, or Daniel Mensher at 866.560.4043 or via email at  to discuss our investigation and your potential claims against Volkswagen. Additional information, including a link to Keller Rohrback’s informative Volkswagen Diesel Resource Center for consumers, is available at www.krcomplexlit.com.

According to the EPA, the affected models and model years (“MY”) include:

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

Check out the Keller Rohrback Volkswagen Diesel Resource Center 

Keller Rohrback L.L.P. is a leading consumer protection firm with extensive experience in environmental litigation. Our nationally-recognized complex litigation group serves as lead and co-lead counsel in class actions throughout the country, obtaining settlements in excess of seven billion dollars. With offices in Seattle, Phoenix, New York, Montana, and Santa Barbara, our trial and appellate attorneys are proud to offer their expertise and advocate on behalf of clients nationwide.

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If you would like more information regarding this case, please contact us via  or call us toll free at 866.560.4043.