Arizona Attorney General Mark Brnovich is taking on Volkswagen over its admitted deception of emissions-testing for its diesel cars.
Brnovich filed a consumer fraud lawsuit in Maricopa County Superior Court against Volkswagen, Audi and Porsche for allegedly defrauding Arizonans by falsely advertising, selling and leasing so-called environmentally friendly, low-emission diesel cars.
More than 4,000 Arizonans own “clean diesel” Volkswagen, Audi and Porsche vehicles built from 2008-15.
“This appears to be one of the largest cases of false advertising we have ever seen and Arizona will be at the forefront of a nationwide effort to hold Volkswagen financially accountable,” Brnovich said. “By filing this lawsuit, we are ensuring Arizonans who were defrauded are best positioned to receive the restitution they’re entitled to.”
The lawsuit alleges Volkswagen fraudulently advertised, sold and leased diesel vehicles to Arizonans as “clean” vehicles that were powerful and exceptionally fuel-efficient. The cars get up to 40 miles per gallon on the highway.
Volkswagen recently admitted that from 2008 to 2015 it and its Audi and Porsche subsidiaries installed “defeat-device” software into the companies’ diesel engines in order to circumvent the U.S. Environmental Protection Agency emissions testing.
This software allowed the vehicles to appear as though they could obtain higher levels of power and fuel efficiency while also complying with EPA standards. In reality, the software resulted in the emission of as much as 40 times the maximum allowed levels of nitrogen oxide pollutants.
These Volkswagen diesel vehicles could only comply with environmental standards in the laboratory-test setting, when the “defeat device” software ensured that the engines ran below normal power and performance to improve emissions test results, according to the suit.
Arizona consumers were subjected to numerous misleading advertisements about the affected diesel vehicles.
Advertising records show that Volkswagen, Audi and Porsche ran tens of thousands of fraudulent diesel-vehicle ads directed at Arizonans. Consumers who purchased or leased one of the affected diesel vehicles did not receive a car with the promised characteristics.
Arizona consumers received a powerful, fuel-efficient car that emitted vastly more nitrogen oxide pollutants into the air than allowed instead of getting a fuel efficient and low-emission vehicle, according to Brnovich’s suit.
Possible repairs by Volkswagen and its subsidiaries are likely to substantially lower the fuel economy and power of the vehicles.
This means that Arizona consumers will still not have the cars they thought they were buying, but instead will have less desirable vehicles that hold a lower resale value, according to Brnovich.
The lawsuit seeks restitution and damages for Arizona consumers as well as civil penalties against Volkswagen.
