Volkswagen Recall: December 10, 2015 Update

Volkswagen investigators confirmed today that the company cheated emissions tests due to an inability to meet U.S. standards. Chairman Hans-Dieter admitted engineers created software to fool regulators because they couldn’t legally meet NOX limits. He acknowledged a “whole chain of mistakes” rather than a single error. The ongoing Volkswagen recall affects around 600,000 vehicles in the U.S. alone.

Roughly 450 individuals, both internal and external, have been linked to the emissions scandal so far. The U.S. Justice Department has launched a criminal investigation. Multiple lawsuits have also been filed in connection with the Volkswagen recall.

EPA Issues Notice of Violation

On September 18, 2015, the Environmental Protection Agency issued a Notice of Violation to Volkswagen, Audi, and Volkswagen Group of America. The EPA alleged that diesel models from 2009 to 2015 were equipped with software that bypassed emissions regulations. The vehicles involved in the Volkswagen recall include:

  • Jetta (2009–2015)

  • Jetta Sportwagen (2009–2014)

  • Beetle (2012–2015)

  • Beetle Convertible (2012–2015)

  • Audi A3 (2010–2015)

  • Golf (2010–2015)

  • Golf Sportwagen (2015)

  • Passat (2012–2015)

These vehicles contained a “defeat device” that activated emissions controls during official tests but disabled them during normal driving. With controls suppressed, some cars emitted up to 40 times more nitrogen oxides than the legal limit.

Volkswagen Admits Fault and Begins Recall Process

Volkswagen initially claimed emission discrepancies were technical issues. The company only admitted to software manipulation after being presented with concrete evidence. On September 3, 2015, executives in Germany and the U.S. formally acknowledged the defeat device to EPA and California officials.

Former CEO Martin Winterkorn expressed regret for breaking public trust. He blamed a small group for the deception and resigned on September 23, 2015. Michael Horn, CEO of Volkswagen Group of America, admitted, “We’ve totally screwed up,” and acknowledged dishonesty toward regulators and consumers.

Volkswagen has said 11 million vehicles worldwide are affected by the manipulated emissions software. However, the software may only be active in a portion of those cars. Volkswagen has committed over $7 billion toward resolving the issue.

High-Level Suspensions and External Review

On September 28, 2015, Volkswagen suspended several senior executives, including Heinz-Jakob Neusser, Ulrich Hackenberg, and Wolfgang Hatz. These individuals held top positions in brand development and engine research. That same day, Volkswagen hired the law firm Jones Day to lead an external investigation alongside internal efforts.

What Volkswagen Owners Should Know

The Volkswagen recall requires the company to initiate repairs for emissions systems on affected vehicles. Although these cars exceed emissions standards, they remain legal to drive and sell. The violations do not pose a safety risk. Owners do not need to take any action until further instructions are issued.

Loncar Lyon Jenkins Is Monitoring the Volkswagen Recall

Our firm is closely tracking developments related to the Volkswagen recall. We will continue to provide updates as more information becomes available. At this time, Loncar Lyon Jenkins is not pursuing litigation on behalf of individuals who purchased affected vehicles.

Volkswagen Recall

Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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