SAN FRANCISCO –  Volkswagen is facing another class-action lawsuit over the alleged use of defeat devices in its cars to temporarily reduce emissions in order to pass inspection.

Jerald Milenbach and Jody Iorns of Martinez filed a class-action lawsuit Feb. 1 in the U.S. District Court for the Northern District of California against Volkswagen Group of America Inc. and Volkswagen AG, citing fraud, breach of contract and other counts.

According to the complaint, Milenbach and Iorns purchased a 2015 Passat TDI in April that was allegedly equipped with an emissions control defeat device from Volkswagen. They hold the defendants responsible because they allegedly manufactured automobiles with the device despite of the environmental laws in place. The plaintiffs allege that they would not have purchased the vehicle had they have known about the devices, as they desired to purchase a vehicle that was fuel efficient and environmentally friendly.

The plaintiffs seek injunctive relief, restitution, punitive damages and costs of suit. They are represented by Nick Casper of Casper, Meadows, Schwartz & Cook in Walnut Creek, California.

U.S. District Court for the Northern District of California Case number 3:16-cv-00533

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