Class-action lawsuit says Chevy Cruze owners unknowingly bought dirty diesel cars in latest round of Dieselgate

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HAGENS BERMAN: GM LATEST AUTOMAKER HIT BY DIESEL EMISSIONS LAWSUITS, CHEVY CRUZE OWNERS SUE

Class-action lawsuit says Chevy Cruze owners unknowingly bought dirty diesel cars in latest round of Dieselgate

Owners of Chevy Cruze Turbo Diesel vehicles nationwide filed a lawsuit against Chevrolet (a division of General Motors) for allegedly duping thousands of car owners into paying higher prices for vehicles that pollute at illegally high levels and using emissions-cheating software similar to what Volkswagen was found guilty of implementing, according to Hagens Berman.

Vehicle owners allege that the Cruze model is affected by unlawful, unfair, deceptive and otherwise defective emission controls utilized by GM. According to the lawsuit filed in the U.S. District Court for the Central District of California, GM marketed the Cruze diesel as “a Clean Diesel” that had emissions below U.S. environmental standards and charged an additional $2,000 or more compared to the gasoline model, but misled the public and sought to evade emissions testing.

Hagens Berman’s automotive litigation team represents consumers as a member of the court-appointed Executive Committee in the Dieselgate case against Volkswagen, Audi and Porsche as well and as lead counsel in a similar case brought against Mercedes for using “defeat device” software to cheat emissions tests.

If you own or lease a Chevy Cruze Clean Turbo Diesel, you may be entitled to compensation. Hagens Berman has achieved the largest automotive settlement in history, and seeks to represent Chevy Cruze owners against GM. Find out more about the lawsuit. Hagens Berman is one of the lead counsel in the GM ignition switch litigation.

Chevy Cruze owners can also read the firm’s Chevy Cruze litigation FAQ to learn more about the lawsuit.

“Diesel emissions fraud didn’t stop with Volkswagen or Mercedes – GM has proven that it too placed greed and profits ahead of thousands of owners who paid premium prices for what they thought were clean diesel cars,” said Steve Berman, managing partner of Hagens Berman.

The complaint states that recently, a German environmental group issued a report indicating that GM’s Opel model uses a device to sense when a vehicle is undergoing emissions testing but that in normal driving conditions, the Opel emits oxides of nitrogen (NOx) at levels that far exceed European emissions standards.

NOx contributes to ground-level ozone and fine particulate matter, and exposure to ozone and particulate matter have also been associated with premature death due to respiratory-related or cardiovascular-related effects. According to the EPA, “Exposure to these pollutants has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses that can be serious enough to send people to the hospital.”

The complaint states, “In order to appeal to environmentally conscious consumers, GM marketed its Cruze diesel technology as a process that ensured emissions resulted in a ‘clean diesel’ and that its emissions were ‘below strict U.S. environmental standards.’ These representations are deceptive and false.”

Plaintiffs have tested the Cruze using a Portable Emissions Measurement System (“PEMS”). Testing revealed that the Cruze fails to meet U.S. emissions standards as promised. The U.S. standard is 70 mg/mile.

  • In highway driving approximating the Highway certification cycle, the Cruze averaged 174 mg/mile with a high of 557 mg/mile. If highway speeds near 70 mph are included, the average was 228 mg/mile – 2.5 to 8 times the federal standard.
  • At speeds over 70 mph, the average was 231 mg/mile – 1.8 to 8 times the federal standard.
  • The U.S. NOx standard for stop and go driving (represented by the FTP certification cycle) is 50 mg/mile. While testing using PEMS over cycles approximating the FTP certification cycle, the average NOx was 287 mg/mile with a maximum of 1,051 mg/mile, or 5.7 to 21.0 times the federal standard.
  • When tested at temperatures below 50ºF, the NOx was 689 mg/mile and it appeared the emissions control system stops working or was significantly derated.
  • The same is true at temperatures over 85ºF, where NOx emission rates spike to values ranging from at high as 1051 mg/mile.
  • For the approximately 1,299 miles of PEMS testing conducted, the overall average NOx emissions were 244 mg/mile.

The lawsuit seeks buyback, reimbursement for vehicle owners for the premium that they paid for a Clean Turbo Diesel as well as compensation based on any “fix” and extended warranties that will go unused. In addition, attorneys seek punitive damages for GM’s fraud.

Learn more about the Chevy Cruze diesel emissions lawsuit against GM.

About Hagens Berman

Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

Hagens Berman Sobol Shapiro LLPAshley Klann, 206-268-9363ashleyk@hbsslaw.com

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