Audi and parent company Volkswagen (VW) have faced hundreds of lawsuits from angry consumers and been embroiled in investigations by federal and state regulators since information and formal charges by the Environmental Protection Agency (EPA) arose in September of 2015, which credibly established that nearly 600,000 VW and Audi diesel vehicles were emissions non-compliant and sold to consumers in the U.S. car market under highly fraudulent pretenses.
The owners of the following Audi vehicles have ample grounds to join existing mass claims cases against Audi and other liable parties, or file suit on their own accord as individuals if having purchased emissions non-compliant Audi diesel vehicles.
The following Audi vehicles are included in the recall:
Numerous Volkswagen models are also included in the recall:
2014-2016 Porsche Cayenne vehicles are also included.
To find out if you are affected and how to proceed in pursuing financial compensation, contact the Corpus Christi Audi recall attorneys at the Bandas Law Firm by calling (361) 238-2789.
In total, EPA and VW estimates hold that tens of thousands of Audi vehicles currently on American roadways emit emissions as high as 40 times the permissible EPA regulatory limits under normal driving conditions. Without the emissions defeat approach, VW and Audi almost certainly could have never achieved a quarter stake in the US consumer diesel car market in as a few as six years.
While in certain instances, including for certain Audi makes and models, removal of the emissions defeat device software may be sufficient to appease regulators, and in turn, limit certain options of those consumers actually harmed by the purchase or lease of an Audi A3 car with a 4-cylinder diesel engine from 2009 to 2015.
The emissions defeat software essentially served as an alternative vehicle operating profile configuration that strained all vehicle emissions and processes to ensure compliance with EPA testing procures and regulations, which have long been known to automakers in advance. The Audi emissions defeat software program operated two paths, one that immediately and automatically detected laboratory testing conditions comparable to those done by EPA and other emissions regulators across the globe, and secondly, self-executed a wholesale drop in performance, fuel economy, and other critical aspects of the vehicle and driving experience in real-world conditions, in order to temporarily pass the relatively stringent U.S. emissions regulations mandates for diesel vehicles.
In virtually all cases of tested vehicles party to the recall under real-world driving conditions, the worst emissions offenders regularly breached emissions rates 40 times in excess of federal limits, with no Audi or VW vehicle proving capable of coming within 6 times the EPA legal limit for NOx and other harmful diesel emissions. Moreover, the EPA testing process under the software override hidden by Audi and Volkswagen allowed for grossly overstated fuel economy on nearly every make and model party to the pending Audi, Volkswagen, and Porsche diesel vehicle recall.
Federal official calls the software a “defeat device” intended to fool emissions testers, whereas even following the EPA public accusations, Audi contends that its software is intended solely for the modification and management of exhaust temperatures, which is not barred by federal regulatory or consumer law.
To date, unconfirmed sources party the ongoing VW and Audi clean diesel recall negotiations with CARB and the EPA have stated that a simple software adjustment, expected by no later than the Fall of 2016, will be sufficient to fix the contemporary emissions issues in Audi 2.0-liter TDI vehicles. However, consumers and the companies themselves have noted the following problems left unresolved for consumers in any proposed recall process for Audi cars, often prompting former and existing Audi customers to join in filing a lawsuit against Audi, Volkswagen, and other legally responsible parties.
Conservative estimates hold that consumers of Audi and Volkswagen vehicles may be entitled to billions of dollars in damages collectively, as the fraud perpetrated by both companies ultimately engulfed nearly 11 million vehicles globally.
Those American Audi vehicle consumers who have received cash offers from Volkswagen can accept these funds without relinquishing the right to file suit. However, certain parameters of any buyback or favorable trade-in agreement currently being touted by VW and Audi as a means to regain consumer confidence and mitigate the overall total recall liability, likely ameliorate some or all of the consumers right to file future Audi or VW lawsuits. Having legal counsel involved when making decisions regarding ongoing and changing recall or settlement offers from VW and Audi to consumers will prove extremely helpful in maximizing the returns possible for damages already sustained by consumers.
To date, the largest lawsuits filed against VW and Audi are in the form of federal lawsuits filed by the Department of Justice on behalf of the EPA concerning rampant environmental law violations, with the EPA ultimately seeking damages in the billions of dollars while specifically linking the extent of the pollution caused by both Audi and Volkswagen AG as causing quantifiable numbers of future deaths as grounds for filing claims.
Moreover, both Audi AG and Volkswagen AG have also recently faced a slew of regulatory fines with most figures reaching into the billions of dollars, with Volkswagen AG itself withholding $8.9 billion in September of 2015 to deal with only a portion of the expected diesel fraud emissions recalls emanating from the U.S., with an additional 10.5 million similar claimants across the globe as well having yet to file claims in their respective legal jurisdictions.
In almost all cases, whether individual claims filed in state courts by owners of Audi clean diesel vehicles or those persons joining large class action type claims against Audi AG and others, the grounds to file suit are all comparable.
Such grounds for Audi lawsuits may include:
Staying actively involved in any ongoing legal proceeding against VW, Audi, or Porsche regarding clean diesel emissions fraud will require legal counsel’s insights and assistance, however, as noted by the EPA itself, VW and Audi will likely pay out billions of dollars in consumer litigation liabilities over the next several years. Consumers of those clean diesel Audi vehicles should consult with legal counsel directly to establish their right to file future claims against the companies.
With a relatively smaller market share of diesel vehicles, Audi recalls will likely enjoy the resolution of recalls prior to VW owners, but many claimants have chosen to stop waiting and join a class action lawsuit in the Audi recall process.
In all cases, it appears that Audi appears best poised to extricate itself from U.S. liability for recalled, but unrepaired cars. Moreover, a strong percent of drivers of affected Audi clean diesel vehicles in the U.S. accepted buyback offers from VW dealers as part of an early recall approach of sorts, in which buybacks from Audi and VW simply sought to resolve quickly those claims involving the least labor and parts expenses. Other expenses for VW vehicles to meet recall criteria frequently may entail some ten thousand dollars or more in particular repair cases of individual models and years, with all expenses untimely borne by Volkswagen and other potentially liable parties.
For more information about these recalls and filing a lawsuit, contact the Corpus Christi Audi lawsuit attorneys at the Bandas Law Firm. Your consultation is free and confidential.
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