VW Diesel Fraud–New filing: Bricker v. Volkswagen Group of America, Inc.

Catching up. Last week, we filed Bricker v. Volkswagen Group of America, Inc., U.S. District Court Case No. 3:15-cv-01785-PK (D. Or.) Along with my frequent collaborator, Oregon attorney Tim Quenelle, I joined forces with my friends at colleagues at Cohen & Malad from Indianapolis.

For those who like such things, here is a copy of the complaint: 1 – Complaint. The case is filed as a national class action. It protects the interests of anyone who purchased or leased one of the affected VW Group vehicles.

The case arises out of the well-publicized diesel engine fraud for Volkswagen “clean diesel” vehicles. In selling various VW and Audi diesel vehicles, the Volkswagen Group represented that these vehicles were high mileage and way low on emissions. As has been widely noted in the press, the high-dollar fraud rested upon sophisticated cheat code or defeat device that switched the vehicles’ operating modes when they were being operated in a parked condition for emissions testing.

The “clean” low-emissions mode did not and could not operate while actual consumers drove the vehicles. Instead of driving green, clean diesel cars, class members were driving dirty diesel vehicles that violated pollution standards.

People paid premium prices for these clean vehicles. In Oregon and Washington, especially, green consumers pay extra for earth-friendly products. VW hyped that clean, green technology in its sales and marketing efforts, and they made a mint. The clean diesel products pushed VW to the number one position in worldwide car sales.

No surprise that we’re hearing from a lot of people. We’ve developed an initial information email for those who have questions. Feel free to email me at david@davidsugerman.com if you need more information, and we’ll mail out the initial information. (I have not posted it here because doing so destroys confidentiality. And we really, really don’t want to do that.)

The case is almost certainly going to be treated as a multi-district litigation (“MDL”) case. When cases are assigned to the MDL, the rules and processes are different. Once it is assigned–probably not for a few months–I’ll update with more information.

In addition to our email packet, I would recommend connecting with us on Facebook if you are concerned about these issues. We tend to post there more frequently.  And of course, if our information and FB posts don’t answer your questions, feel free to call or email.


Joe Sorce says

Please e-mail initial information on VW class-action.

David Sugerman says

Thanks Joe. Info sent via email.

Deborah Stewart says

I have a 2009 Volkswagen TDI and paid premium price for what I thought was a clean diesel automobile. I would like information on this suit and how to join in on it.

Thank you

David Sugerman says

Thanks Deborah-Information sent via email.

Weston Lahr says

I purchased a new VW Jetta TDi in November 2010. I'm interested in joining a glass action suit against vw to at least get back the difference we paid for the TDi.

David Sugerman says

Thanks for your request. Just sent out the information via email.

Brittany says

Please send the e-mail with initial information. We bought the 2015 VW Passat TDI and are interested in joining the lawsuit. Thank you.

David Sugerman says

Thanks Brittany. It's on the way.

Frank says

I have a 2011 TDI Sportwagen, and am too interested in the case. I've e-mailed David at the e-mail listed above. Hope to hear from you soon and thank you! Frank

Emily says

Would you email me information as well? I have a 2014 Jetta TDI. Thank you.

David Sugerman says

Thanks Emily. It's on the way.

Ken P says

Please provide the class action information. A 2014 Jetta TDI owner. Thanks .

David Sugerman says

Thanks Ken-Email sent.

Steve says

I purchased a 2011 Jetta TDI and am interested in joining a lawsuit. Please send me your information, thanks.

David Sugerman says

Thanks Steve. We sent you an email with the info.

Nathan Tiel says

We own a 2012 Jetta tdi and a 2014 Passat tdi. We live in Creswell Oregon. Please send information on the class action suit, we are interested.

David Sugerman says

Just sent you an email.

Glo says

Ugh. Guess I'm in the boat. Lease a 2014 TDI Jetta. Would appreciate some information. Thanks

jim swenson says

Please send email packet. We are interested in becoming part of the class.

David Sugerman says

Hi Jim- Sent by email to you.


Chelsea says

We purchased a new Jetta TDI in 2012. I'm interested in knowing more about the lawsuit.

David Sugerman says

Sent you an email.

Debra says

I own a 2014 TDI Passat. Could you send me the info packet?

Jeffrey Lancial says

Please email me the packet, I am interested in being a part of the class action.

David Sugerman says

Hi Jeff-
Email sent. Thanks. -David

William Yoder says

David, thank you for the information, I'll follow your Face Book postings. Bill.

Dorothy Riehl says

Please send me information on the class action suit. I have a 2013 Passat TDI

Susan Phillips says

I also purchased a new avW Ajetta TDI 2009. Please send info

Torri Fosteer says

Please send class action info. We purchased new, a 2012 Jetta TDI. Thank you.

Ron & Jean Boesl says

We purchased a new 2010 Jetta SW TDI in May 2010, our first new car in 40 years. We were trying to be green, ha!

Ron & Jean Boesl says

Packet request too.

David Sugerman says

Thanks Ron and Jean: Packet sent by email.

Jim Reohr says

Hi David, please send me details so I can join also with my Jetta.

Kevin Vilhauer says

Could you please send me an email packet with more information about the class action lawsuit. I have a 2009 VW Jetta TDI Sportwagen.


Emily & David Artherton says

We purchased a brand new 2015 TDI Passat. Please send packet, we would like to join class action.

David Sugerman says

Done. Thanks

Vimala kelsey says

We had 2010 jetta sportswagon tdi. Please send packet. We would like to join class action

David Sugerman says

Hi Vimala-I am sorry for the delay in responding. I just saw this comment. Please call my office at 503.228.6474. Things have changed since we posted this.

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