Litigation Updates


In order to increase its US market share above the usual 2%, Volkswagen introduced a ne four-cylinder 2.0L TDI Clean Diesel Engine. The diesel engine was advertised by Volkswagen to burn ultra-low-sulfur fuel, to have direct injection technology and to be extreme efficiency. Volkswagen claimed it had ushered in a new era of diesel, clean, efficient and powerful, averaging 40 miles to a gallon.

VW’s Amazing Technology Is Based On A Lie

Volkswagen installed a “defeat device” in both its Volkswagens and Audi’s which are equipped with the 2.0L TDI Clean Diesel Engine. (see the list below) This software device can detect when the car is in smog test mode rather than normal drive mode. It is surmised that wheel speed sensors can tell when the car is on a rolling road in the test facility, rather than driving down the street. Sensing this, the car will kick into test mode, the vehicle software will limit fuel flow, keeping both power and operating temperature low, which limits emissions. As a result, the car passes the smog test. Back on the road, the system disables the emission controls and the car begins to pollute the environment. The cars emit Nitrogen Oxide (NOx) as well as elevated CO2 emissions. For example, the Jetta produces 15 to 35 times the U.S. legal limit (Tier 2 Bin 5) of NOx, a noxious substance. The Passat produces 5 to 20 times the legal limit.

When the EPA demanded proof the carmaker had solved the real-world emissions issues, as opposed to the smog test emissions, Volkswagen admitted it had installed the “defeat device.”

How Will Volkswagen Solve This Problem?

Volkswagen has two options for the fix. It can either:

Change the engine software, which will significantly limit engine power output and fuel economy, or

Install urea treatment systems, which will not only require significant vehicle modification – cutting into trunk or hatch cargo space – but also cost Volkswagen thousands of dollars per car.

As it stands, the initial sale of these vehicles was technically illegal. The consequence to an owner is that the owner might not be able to re-register the car in California or might not be allowed to resell the cars. Buyers will not be interested in purchasing either new or used Volkswagens and Audis which have the 2.0 LTDI engine. In fact, Volkswagen has sent a stop sale order to its dealerships halting the sale of both new and used 2.0L TDI models. In addition the EPA will not issue certificates of conformity for any 2016 model with the 2.0L TDI engine.

The cars affected at this time include:

VW Jetta and Jetta Sportwagen 2009-2015

VW Golf 1010-2015

VW Beetle and Beetle Convertible 2012-2015

VW Passat 2012-2015

Audi A3 2010-2015

What Can You Do If You Own One of These Cars?

If you contact our office, we have attorneys at Kazerouni Law Group who can evaluate your claims. Our free consultation can assist you in understanding your rights and Volkswagen’s liability.

The Hon. James V. Selna finally approved the class action of Couser v. Apria Healthcare where a maximum recovery of $750,000 was available to consumers with Kazerouni Law Group as co-lead counsel.

The Hon. Gonzalo P. Curiel today finally approved the class action Barani v. Wells Fargo for over $1,000,000 with Kazerouni Law Group as co lead counsel.

On Friday, The Hon. James F. Holderman finally approved the class action of Wilkins v. HSBC for $39,9750,000 in the Northern District of Illinois for violations of the Telephone Consumer Protection Act with Kazerouni Law Group as one of the class counsel firms.

Kazerouni Law Group APC brings suit against the makers of Jim Beam bourbon with a proposed class action alleging it falsely advertises its whiskey as “handcrafted” because it is actually made through a largely automated process with barely any personal interaction.

Kazerouni Law Group APC files class action against Blizzard Entertainment Inc., alleging the company misled and deceived customers by automatically renewing their World of Warcraft subscriptions without proper notice or consent contrary to California Law.

JPMorgan Chase Bank NA has agreed to pay up to almost $12 million to settle a class action brought by Kazerouni Law Group APC alleging it illegally made automated calls to residential loan holders’ cellphones without consent.

Wells Fargo Bank NA has agreed to settle for $14.5 million to end a Debt Collection TCPA Suit brought by Kazerouni Law Group, APC. Allegations that it badgered millions of consumers by unlawfully calling them on their cellphones to collect credit card debts, according to documents filed Monday in California federal court.

The court today finally approved the class action settlement in the matter of Zaw v. Nelnet Business Solutions Inc., with Kazerouni Law Group as one of the class counsels.

The 9th Circuit Court of Appeals today sided with the arguments presented by Kazerouni Law Group APC in the matter of Knutson v Sirius XM. Sirius XM Radio’s efforts to force Erik Knutson into Arbitration was unanimously rejected and the Court reversed the district court’s previous order and remanded it for further proceeding.

The court of law today provided final approval in the amount of $2,600,000.00 in the matter of Schuyler Hoffman v. Bank Of America, N.A.

The court of law today provided final approval in the amount of $2,600,000.00 in the matter of Schuyler Hoffman v. Bank Of America, N.A.

Kazerouni Law Group, APC successfully negotiated a settlement in the matter of Erin Mock v. Viacom Inc., 3:13-cv000457, US District Court for the Middle District of Tennessee, whereby Viacom stipulated and agreed that in connection with future MTV voting programs, Viacom would not enroll those who vote by SMS text message in its text message advertising program without their consent.

Abbas Kazerounian argues before the 9th Circuit on behalf of the Class against Sirius XM Radio Inc.

On May 29, 2012, the U.S. District Court in the Southern District of California, approved a settlement in the case entitled Lo. v. Oxnard European Motors, LLC., et. al., Case Number 11cv1009 JLS (MDD).

As a result of the settlement negotiated by Kazerouni Law Group APC, each of the class individuals who made their claim received a check in the amount of $1,331.23.

Kazerouni Law Group APC’s represented Plaintiff Lo as lead counsel and successfully negotiated the settlement.

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