Keller Rohrback Files Suit on Behalf of Porsche, Audi, and VW Consumers
As reported in The New York Times Porsche is halting sales of its SUV Cayenne model years 2014-2016 following Volkswagen’s allegedly limited acknowledgement that defeat device software was on smaller diesel engines, used in certain Volkswagen and Audi cars. To date, Volkswagen and Audi have not acknowledged the presence of the defeat devices in Porsche Cayennes.
On November 2, 2015, Keller Rohrback L.L.P. filed a class action complaint including allegations that federal regulators announced that additional Volkswagen vehicles, as well as Porsche vehicles, allegedly violate emissions standards. The Environmental Protection Agency’s (EPA) notice indicates that Volkswagen’s alleged diesel emissions cheating extends well beyond smaller passenger vehicles and also includes SUVs such as the 2014 VW Touareg and certain 2016 Audi models.
According to the EPA, affected diesel models now include:
• 2015 Porsche Cayenne
• 2014 VW Touareg
• 2016 Audi A6 Quattro, A7 Quattro, A8, A8L, and Q5
As alleged in the complaint, this is the second notice of violation (NOV) of the Clean Air Act (CAA) the EPA has recently issued to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. The EPA also sent Monday’s NOV to Porsche AG and Porsche Cars North America.
As with the previous Notice of Violation that the EPA issued concerning certain 2.0 liter diesel engines, the EPA says that VW manufactured and installed software in the electronic control module of vehicles with 3.0 liter engines that senses when the vehicle is being tested for compliance with EPA emissions standards. When the vehicle’s technology indicates that it is undergoing a federal emissions test procedure, it operates in a low NOx “temperature conditioning” mode.
Under that testing mode, the vehicle meets emission standards. Under normal driving conditions, it does not, and the cars emit up to nine times the allowable limits of nitrogen oxides. Nitrogen oxides (NOx) are a major source of smog, which triggers health problems like asthma.
“Halting sales of 2014-2016 Porsche Cayennes is an acknowledgement of sorts that there’s a problem with the SUVs, but it’s not nearly enough,” said Gretchen Freeman Cappio, a partner at Keller Rohrback, which represents Volkswagen consumers in nearly every state and the District of Columbia. “Porsche, Audi, and VW consumers are looking to defendants to own up to the truth about their vehicles, and for the U.S. legal system to make this right,” stated Cappio.
Keller Rohrback, a leading consumer protection firm, filed one of the first lawsuits against Volkswagen related to the defeat device vehicles. Since then hundreds of concerned consumers from around the country have contacted Keller Rohrback to find out what they can do to help ensure that Volkswagen is held responsible for its actions.
If you or a family member owns or leases any of the affected vehicles described above, or if you are concerned that your vehicle may be affected and have questions, please call attorneys Gretchen Freeman Cappio, Matthew Preusch, Ryan McDevitt, or Daniel Mensher at 866-560-4043 or via email at to discuss our investigation and your potential claims against Volkswagen.
Check out the Keller Rohrback Volkswagen Diesel Resource Center.