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Kessler Topaz Meltzer & Check, LLP Investigates Potential Claims against Volkswagen, Audi on Behalf of “Clean Diesel” Car Owners and Lessees

The U.S. Environmental Protection Agency (EPA) recently accused Volkswagen of unlawfully using special software that circumvents EPA emissions standards for air pollutants being emitted by the company’s “Clean Diesel” cars.  Specifically, the EPA alleges that Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively referred to as Volkswagen) utilized a “defeat device” on certain Volkswagen vehicles to detect when the car is undergoing official emissions testing in order to engage full emissions controls.  At all other times, the purportedly “clean diesel” cars were emitting upwards of 40 times the EPA allowable emission of highly toxic pollutants. 

Some experts have suggested the “defeat devices” were used to artificially boost the cars’ performance (including increased torque and acceleration) and allow their operation in violation of emission limits set by the Clean Air Act. 

Below is a list of the affected vehicles with 2.0-liter diesel engines that are the subject of our investigation:

•    Jetta (model years 2009 – 2015)
•    Beetle (model years 2009 – 2015)
•    Audi A3 (model years 2009 – 2015)
•    Golf (model years 2009 – 2015)
•    Passat (model years 2014 – 2015)

On Friday, September 18, 2015, Volkswagen was directed to recall  nearly one-half million vehicles with the alleged, illegal software in its diesel-power cars that evades standards for reducing smog.

Volkswagen has admitted to systematically cheating on U.S. air pollution tests for years.  The EPA could fine the company $37,500 per violation – meaning the total fine could be more than $18 billion.  

Kessler Topaz is investigating potential class action claims on behalf of owners or Lessees of the affected diesel Volkswagen or Audi vehicles.  If you purchased or currently own or lease one of the affected vehicles, and would like to learn more about our investigation, please fill out our online form, or contact us today at 888-299-7706 or by email at

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