A new class action against Volkswagen was filed in New York on behalf of customers who purchased certain light duty vehicles with 3.0-liter diesel engines that the U.S. Environmental Protection Agency said featured software to evade federal nitrogen oxide pollution testing.
The automaker previously admitted to packaging defeat devices in about 11 million 2.0-liter diesel engines, but denied that software to evade testing had been installed in 3.0-liter diesel engines as alleged by the EPA in its second notice of a violation of the Clean Air Act. The class action pertains to the 2014 Volkswagen Touareg, the 2015 Porsche Cayenne, and the 2016 Audi A6 Quattro, A7 Quattro, A8, A8L and Q5.
The emissions scandal has already resulted in numerous pending class actions. Federal judges in D.C. and at least 13 states paused emissions fraud suits against the automaker until the U.S. Judicial Panel on Multidistrict Litigation rules whether to centralize pretrial proceedings.
The case is Gee v. Volkswagen Group of America Inc., case number 1:15-cv-08628, in the U.S. District Court for the Southern District of New York.