Volkswagen faces suit over alleged defeat devices

By Travis Zuellig | Jan 19, 2016

SAN FRANCISCO – Two individuals from Alaska are suing Volkswagen over allegations that they were deceived about their vehicle's emission reports.

Steven and Deeann Arlow, individually and on behalf of all others in the similar situation, filed a class-action lawsuit against the Volkswagen Group of America, Volkswagen Aktiengesellschaft and Audi AG in the U.S. District Court for the Northern District of California on Jan. 13 and are demanding a jury trial. The complaints being brought to the court are violations of the Magnuson-Moss Warranty Act, the California Consumers Legal Remedies Act, common law fraud, breach of implied warranty, breach of express warranty and other violations of California law.

According to the complaint, the plaintiffs were co-owners of a 2013 VW Jetta TDI, which was purchased because it was advertised as being environmentally-friendly and clean. At the time of purchase, the vehicle was equipped with an emission control “defeat device” and this caused the vehicle to emit 40 times the allowed level of pollutants, the complaint states. The plaintiffs allege that the defeat device has caused them out-of-pocket losses and diminished the value of the vehicle.

The Arlows are seeking restitution and/or disgorgement, compensatory damages, punitive damages and court and attorneys' fees. The plaintiffs are represented by Mary E. Alexander, Jennifer L. Fiore and Sophia M. Aslami of Mary Alexander and Associates in San Francisco.

U.S. District Court for the Northern District of California Case number 3:16-cv-00214-CRB

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