A Honolulu law firm is seeking to represent what it estimates to be more than 100 Hawaii owners of Volkswagen clean diesel “clean diesel” cars in a lawsuit aimed at recovering damages from the automaker over rigged emissions systems.
The firm, Starn O’Toole Marcus & Fisher, filed the class-action complaint Monday in U.S. District Court in Honolulu against Volkswagen Group of America Inc., the Virginia-based U.S. subsidiary of Wolfsburg, Germany-based Volkswagen AG.
The lawsuit, which estimates that more than $5 million in alleged claims are is involved, is one of more than 30 similar cases filed around the country on behalf of car owners since the U.S. Environmental Protection Agency announced about two weeks ago that VW violated clean-air standards by secretly programming cars to pollute more when not hooked up to testing machines.
Mario Guerreiro, a Volkswagen America spokesman, said in an email that the company does not comment on pending or active litigation.
VW has admitted to and apologized for installing what the EPA calls emissions control defeat devices on Jetta, Beetle, Golf and Audi A3 “clean diesel” models made from 2009 to 2015 as well as the clean diesel Passat made in 2014 and 2015.
Starn O’Toole filed the lawsuit on behalf of local residents Sean Kettley and Kelly Lee, each of whom own owns a 2012 VW Golf Clean Diesel bought from a local dealer.
The suit claims that VW deceived and defrauded Kettley, Lee and other Hawaii residents who own or lease VW clean diesel cars with defeat devices.
“Volkswagen marketed these ‘clean diesel’ vehicles as high performing, fuel efficient and environmentally -friendly, and consumers bought them for that combination of features,” Sharon Lovejoy, a Starn O’Toole director, said in a statement. “Hawaii consumers paid a premium for these vehicles based on the belief that they were ‘clean’ and better for the environment. We intend to make sure that Volkswagen owners in Hawaii affected by this deception receive the compensation they deserve.”
The lawsuit claims that VW charged premiums for its clean diesel models ranging from $2,860 for a base-model Jetta to $6,855 for a top-of-the-line Passat, and that current values have been diminished because VW’s brand image has been tarnished and fixing the vehicles will reduce engine power and increase fuel expenses.
The Starn O’Toole complaint alleges VW violated Hawaii’s Uniform Deceptive Trade Practices Act, and argues that owners of the clean diesel models are entitled to sale rescissions as well as monetary damages plus attorneys’ fees.
