Whitcomb Et Al V. Volkswagen Group of America, Inc
Case 1:15-cv-01315-LO-MSN Document 1 Filed 10/08/15 Page 1 of 43 PageID# 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA r _ o j CL' •' - David Whitcomb, No. 1" I5CV on behalfhimselfand all others similarly situated, JURY TRIAL DEMANDED Plaintiff, V. VOLKSWAGEN GROUP OF AMERICA, INC., VOLKSWAGEN AG, AUDI AG, and AUDI OF AMERICA, INC. Defendants. CLASS ACTION COMPLAINT PlaintiffDavid Whitcomb, on behalfof himselfand all others similarly situated, based on personal knowledge as to himself, and upon information and belief as to all other matters, alleges as follows: I, NATURE OF CLAIMS 1. Defendants Volkswagen AG, Volkswagen Group of America, Inc., Audi AG, and Audi of America, Inc. (collectively "Volkswagen" or"Defendants") have aggressively claimed since2008 that their cars containing TDI CleanDiesel engines ("Clean Diesel cars") are environmentally friendly, "clean," EPA certified, powerful, andfuel efficient. Case 1:15-cv-01315-LO-MSN Document 1 Filed 10/08/15 Page 2 of 43 PageID# 2 2. However, Defendants' oft repeated claims regarding their Clean Diesel cars were fraudulent. The Clean Diesel cars were anything but "clean." Rather, Defendants utilized a sophisticated software program to deceive purchasers, as well as the Environmental Protection Agency ("EPA") and state regulators, aboutthe true nature of the emissions from these Clean Diesel cars. 3. Defendants installed a softwareprogram in all Clean Diesel cars that detected when the cars were undergoing emissions testing. When the software detected emissions testing, it turned on full emissions control during the test. However, when the Clean Diesel cars were not undergoing testing, these emissions controls were notactivated.
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