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Notice to All New Mexico Volkswagen Owners and Lessees

You may have suffered a loss as a result of Volkswagen’s misrepresentations associated with certain affected vehicles and you may be entitled to take part in a class action lawsuit.

These losses include, but are not limited to, out-of-pocket loss, future repairs, future fuel cost, decreased performance, and diminished value of the affected vehicle.

Use the form below to get more information about this class action lawsuit, if it affects you, and how you can participate.



Note: Your email address is secure, private and will never receive email communications outside The Davis Law Firm, LLC. Submitting this inquiry does not constitute a relationship between the sender (you) and recipient (The Davis Law Firm, LLC). Thank you for your time and we look forward to hearing from you.

Disclosure: You do not have to hire a lawyer to be part of the class, but you are entitled to hire a lawyer or firm to represent you. The Davis Law Firm, LLC and Hendler Lyons Flores, PLLC, together, have filed a class action suit in New Mexico for all affected Volkswagen owners. Currently, a multi state litigation district is being setup and may affect Volkswagen owners in New Mexico, including those who may be part of the proposed class.

clock-timeline

Summary of Events Leading up to Filing of Lawsuit

Early 2013

Independent tests are conducted on two VW Models

The International Council on Clean Transportation along with West Virginia University (ICCT Testing) carried out independent testing of two Volkswagen models, the 2012 VW Jetta and 2013 VW Passat under laboratory and road conditions.

Late 2013

Actual emissions well above limits

The environmental organization ICCT tests actual emissions figures for diesel cars and finds that the two Volkswagen models are well above the limits, exceeding the guidelines 35-fold in extreme cases.

May 2014

EPA is alerted of possible violations

Researchers find that two Volkswagen diesels — a 2012 Jetta and a 2013 Passat — emit far more nitrogen oxide on the road than expected. They alert the Environmental Protection Agency (E.P.A.) and the California Air Resources Board (CARB).

Dec 2014

Volkswagen begins a voluntary recall of about 500,000 vehicles in the United States.

Volkswagen recalled some of the Affected Vehicles in an effort to have those vehicles comply with federal law through a repair. Defendant Volkswagen was unable to make the Affected Vehicles comply with the emissions standards without affecting the marketed performance characteristics.

Sep 2015

Volkswagen admits wrongdoing

On or around September 3, 2015, Volkswagen publically admitted that it had programed certain models to behave differently when undergoing emission testing. In a call with E.P.A. and CARB, VW officials detail how its cars contain a defeat device that cuts emissions when the car is being tested in a lab.

Sep 2015

Volkswagen admits more cars are affected

On September 18, 2015, the EPA issued a Notice of Violation (“NOV”) to Defendant Volkswagen. The NOV described just how Volkswagen accomplished this unlawful scheme from 2009 – 2015. The NOV, incorporated herein by reference and attached as Exhibit 1 to this pleading, explained that Defendant Volkswagen “manufactured and installed defeat devices in certain models years 2009 through 2015 diesel light-duty vehicles equipped with 2.0-liter engines.”

PRESENT

A class action lawsuit is filed to establish a class of owners, former owners, lessors and former lessors of Affected Volkswagen Vehicles in New Mexico.

Discovery may reveal additional vehicles that were part of Defendant, Volkswagen Group’s scheme. Plaintiffs bring this action individually and on behalf of all other similarly situated current and former owners or lessees of the Affected Vehicles who reside in New Mexico. Plaintiffs seek damages and equitable relief for the conduct of Volkswagen related to the defeat device.

Each and every Plaintiff and proposed Class member has suffered a loss as a result of Defendant Volkswagen’s misrepresentations associated with all affected vehicles.

These losses include, but are not limited to, out-of-pocket loss, future repairs, future fuel cost, decreased performance, and diminished value of the Affected Vehicle.

The EPA identified the following vehicles that contained the defeat device:

(these vehicles, as referenced above, are known as the “Affected Vehicles”)

Model Year Make and Model
2015 VW Beetle, VW Beetle Convertible, VW Golf, VW Gold Sportswagen, VW Jetta, VW Passat, Audi A3
2014 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportswagen, VW Passat, Audi A3
2013 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportswagen, VW Passat, Audi A3
2012 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportswagen, VW Passat, Audi A3
2011 VW Golf, VW Jetta, VW Jetta Sportswagen, Audi A3
2010 VW Golf, VW Jetta, VW Jetta Sportswagen, Audi A3
2009 VW Jetta, VW Jetta Sportswagen
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