Corpus Christi Volkswagen Lawsuit Lawyers
VW Lawsuits & Recalls Following Global Emissions Fraud
In an interesting moment that ignited what we now know today as the Volkswagen
global emissions fraud, the Environmental Protection Agency (EPA) elected
to publicly brief the press on the outstanding charges being filed against
Volkswagen Auto Group, while noting directly that both Audi and VW should
expect any pending EPA fines also to include separate mass liability relating
to regulatory fines from other national level regulatory bodies, as well
as noting the blankly that both companies will face extensive consumer lawsuits.
Problematically, however, the Volkswagen recall process sand negotiations
with the EPA have yet to prove forthcoming, with more rounds of unofficial
statements from both EPA and VW officials that a deal was near conclusion
as late as January 8, 2016, nearly 4 months after the VW company admitted
total liability for utilizing a slew of illegal methods to sell nearly
600,000 non-EPA compliant vehicles to consumers. In turn, while VW executives
and EPA regulators have taken months to fail to come to a coherent recall
plan for U.S. customers of Audi, Volkswagen, or Porsche TDI clean diesel
engine vehicles, many states and individual drivers have taken legal matters
proactively via filing a Volkswagen lawsuit as an individual plaintiff,
or joining any number of ongoing class action or multi-district litigation
style claims cases being filed against Volkswagen and others.
Interested in finding out if you have grounds for a lawsuit or are included
in a class action? Call the Corpus Christi VW lawsuit attorneys at the
Bandas Law Firm at (361) 238-2789. Your initial consultation is free!
Other Instances of Potential Emissions Fraud
Globally, Volkswagen inserted emissions defeat software configurations
and occasionally additional hardware to vehicles to ensure passing diesel
emissions testing in any market for which a given diesel was destined.
The U.S. markets have historically proven extremely difficult to penetrate
for consumer diesel vehicles, with the recent forays and gains made by
Audi and Volkswagen essentially recurving out a non-gasoline alternative
in diesel, comparable to a car class all its own.
VW was not the first company to face regulatory and consumer lawsuits under
particularly similar circumstances historically including:
- In the 1970s, GM, Ford, Chrysler, Toyota, and Volkswagen all faced direct
accusations from regulators that emissions mechanical defeat mechanisms
were present in vehicles, which companies plausibly denied at that time.
- In 1996, GM faced then record fines of nearly $11 million dollars, while
ultimately being forced to recall nearly 470,000 domestically sold cars
that were sold with disengaged emissions controls in an era with little
to no EPA oversight.
- In 1998, Honda faced its fiscal liabilities for resolving emissions tastings
methods in the U.S. markets, ultimately costing the company nearly $267
million to resolve claims with state and federal regulators.
Tracking Progress of Early Volkswagen Lawsuits
In the 2015-2016 VW scandals, there are at least 11 million known cars
impacted by the delayed recall process in the scandal. The total claims
value, should all potential plaintiffs file suit, would be nearly immeasurable.
However, in the largest single lawsuit filed by a plaintiff, at least,
concerning publicity in the media, were those grounds to file suit claimed
by the Justice Department against Volkswagen in federal district court,
predicated predominantly a plethora of U.S. and international environmental
law violations. However, for consumers and current drivers of these vehicles,
it was quite noticeable the negligible attention that was proffered to
the actual, experienced economic and other losses sustained by the owners
and original purchasers of a defective product entailing significant false
advertising and bad faith representations to all entities, including consumers,
others business affiliations, and of course regulators.
Accepting Cash Donations from VW
In a bizarre PR tactic only fitting for a case of this magnitude of extraordinary,
VW began offering all existing owners $1,000 as a conciliatory payment,
presumably as a means of stemming the tide of discontent relating to unresolved
recall plans. However, for VW and Audi there was a risk mitigation route
involved as well, in which nearly 25% of existing Audi and Volkswagen
clean diesel drivers expressed interest in a trade-in program involving
a $2,000 cash incentive to do so.
Ultimately, given that this was the first tender from VW to any consumers,
including those that had filed lawsuits, with the results of the majority
of extant claims cases being resolved, future offers from VW and Audi
should be considered likewise from the perspective of whether one can
retain the right to future claims lawsuits, or how a given conciliatory
payment or additional loyalty deal from VW and Audi may impact an individuals’
ongoing or proposed legal action against known liable parties.
Based on the statements, credible assessments in the media and government
noted VW’s approach to consumers as unorthodox, but more disconcertingly,
indicative of a recall process far from actionable repairs is occurring.
As of January 2016, any cash payments made by VW to consumers, if accepted,
are not a settlement offer or linked to extant potential legal claims,
but rather distributed as a mechanism to compensate owners for their time
and losses, while waiting on the larger resolution for many of the same
Trade-In Deals for Audi, VW & Porsche Owners
Additionally, generous trade-in deals were offered to all existing Audi,
Volkswagen, and Porsche vehicle that has the emission defeating software
in the 2.0L engines and 3.0L engine, respectively. Early news media reports
on the issue hold that as many as 25% of consumers will take advantage
of this offer, thus reducing the burden of any proposed recall involving
retrofitting vehicle exhaust systems on Volkswagen and Audi, both of whom
have struggled to reach a reasonable recall settlement with the EPA from
the start of the scandal, which initially saw calls for a total buyback
of all emissions non-compliant vehicles, a staggering 550,000 or more,
at the cost of a staggering nearly $18 billion dollars. As of January
2016, this claims case has not been resolved.
Finally, as of mid-January, the most celebrated victory in the legal battles
against VW Auto Group comes in the form of a lawsuit filed the by the
EPA in federal courts against VW and others for illegal air pollution.
While the EPA’s public legal battle against VW has forced the company’s
hand in admitting culpability for the nearly 6-year fraud, consumers have
yet to hear coherent answers from either of the primary litigants on the
projected repair dates for their vehicles.
Consumer Lawsuits Are Growing in Number & Strength
None of the outstanding official statements from either the EPA, VW, Audi,
or other U.S. regulators have indicated a strong, sincere interest in
following through with protecting the consumer rights of nearly 1% of
Americans who either drove or rode as passengers each year since 2011.
In this, when a vehicle is a large family investment in many instances,
individual owners alone do not suffer from the consequences of the now
non-compliant diesel engine vehicle.
Moreover, the length of time associated with the general consumer protections
fraud case is often remarked in passing yet fails to mention just how
extensively these non-compliant and illegal vehicles penetrated nearly
every state in the U.S., with millions of users each year. In this sense,
seeing no resolution in sight, consumers began filing claims in any perceivable,
reliable forum for a litany of causes of action as early as September 2015.
As time has progressed, more nuanced and mature cause of action began emerging
in most to many claims including the right to file for compensation in
a Volkswagen lawsuit due to:
- False advertising and violations of numerous contracts laws in terms of
breach of contract and duty owed to operate in good faith with consumers
on a number of items of the vehicles in question.
- Claims relating to contracts law and securities, as criminal conduct allegedly
by numerous corporate executives and others likely resulted in the program
known as the emissions defeat software config model, which ultimately,
when revealed, caused investors to lose almost as high as 50% of their
- Losses in economic value to the vehicles due to the scandal, in the immediate
aftermath of the announcement. Ultimately, as many as a quarter of owners
may seek to mitigate individual financial losses by returning the vehicles
to Volkswagen or Audi directly alongside generous trade-in terms.
Contact a Corpus Christi VW Lawsuit Attorney at the Bandas Law Firm
To recap, any single individual owner, whether prior or current, as well
as any prior or current lessees, may have more than ample grounds to file
a Volkswagen lawsuit. Specifically, as the parent company of both Audi,
Porsche, and the Volkswagen U.S. market vehicles, multiple entities could
potentially be named as defendants in an individual or class action lawsuit
against the VW Auto group company, others such as the Audi and Porsche
companies, and finally, the liable insurers of this multinational corporations,
as well as other parties complicit in perpetrating the massive emissions
To discuss your right to file suit, contact the Bandas Law Firm. From our
offices in Corpus Christi, we serve Nueces County and all of Texas and the U.S.