Porsche Cayenne Diesel – Engine Emissions – National Class Action

Date of Initial Application: November 10, 2015

LEX GROUP Inc. has launched a national class action lawsuit against PORSCHE CARS CANADA, LTD., PORSCHE ENTERPRISES INCORPORATED, PORSCHE CARS NORTH AMERICA, INC. & PORSCHE AG (hereinafter collectively “Porsche”), on behalf of all Canadians who own or lease a Porsche Cayenne Diesel equipped with a 3.0 liter engine (hereinafter  the “Cayenne Diesel(s)”).

Since late 2012 (with the introduction of the 2013 model), Porsche has boasted and advertised that its Porsche Cayenne Diesel was the “cleanest” Cayenne ever, as compared to the regular gas or hybrid models, regarding the levels of emissions released into the environment, and because of its low gas millage (i.e. reduced fuel costs).  Porsche charged substantial premiums for the Cayenne Diesel vehicles, as compared to the other Porsche Cayenne models.

The class action alleges that Porsche has in fact leased and sold the Cayenne Diesels which were equipped with a “defeat device” permitting the vehicle to trick mandatory emission tests, the whole without the knowledge or consent of its customers.  Accordingly, the actual amount of emissions/pollutants released into the environment by the Cayenne Diesel, when driving on actual roads, is much higher than what Porsche had advertised and is much higher than Canadian standards. On November 2, 2015, the United States Environmental Protection Agency (the “EPA”) issued a Notice of Violation to Porsche in this regard, concerning the Porsche Cayenne Diesels.  The next day, Porsche announced that it would stop all North American sales of the Cayenne Diesel as a result of the EPA’s notice of violation.

The owners or lessees of the Cayenne Diesel have and will suffer a significant decrease in value (and/or resell value) of their Cayenne Diesel in light of this discovery.  Furthermore, if and when Porsche recalls the Cayenne Diesels in order to render them in conformity with Canadian and/or U.S. emissions standards, the vehicles will no longer perform as advertised and this will also cost owners/lessees more in fuel for their now less efficient vehicles. In addition, the recalled vehicles will be worth less in the used (pre-owned) marketplace because of their decrease in performance and efficiency, which means owners/lessees will not be able to recoup the expected value of these vehicles in the future (which includes the over-inflated buy-back price set for lease holders in order to purchase their vehicle at the end of their lease).

Accordingly, if you have purchased or leased a Porsche Cayenne Diesel in Canada, then you may be part of the proposed Class defined by the class action initiated by our office.  Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

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    Disclaimer: The Lex Group website is not intended to create an attorney-client relationship between you and the firm. By submitting your information to us, you are not creating an attorney-client relationship with the firm. An attorney-client relationship may be formed only after we check for conflicts of interest and the firm and you sign a mandate agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.
    In any class action lawsuit, it is the Court that must approve and determine who will be eligible for participation in the class. If you feel that you may qualify for damages or remedies that might be awarded in this class action litigation, we request that you fill out and submit the above form to help us determine if you are a legitimate member of the class or to make sure that you receive any future Court mailings about the case. However, the return of the above form does not guarantee you any type of compensation whatsoever.