10 Nov Porsche Cayenne Diesel – Engine Emissions – National Class Action
Date of Initial Application: November 10, 2015
NATIONAL SETTLEMENT APPROVED
The Québec and Ontario Courts have now both granted approval of the nationwide class settlement to resolve consumer claims in Canada regarding approximately 20,000 affected 3.0L diesel vehicles. The approved settlement provides for cash payments and other benefits to eligible owners and lessees of Porsche Cayenne diesel 3.0L vehicles. Settlement Class Members who own or lease Porsche Cayeen Diesel vehicles (model years 2013-2016) will receive a cash payment by completing the emissions repair to bring their vehicle into full compliance with originally certified emissions standards.
TO OBTAIN MORE INFORMATION OR TO SUBMIT A CLAIM, VISIT www.VWCanadaSettlement.ca or CALL 1-888-670-4773.
A nationwide Settlement has been reached in Canada involving the 3.0-litre Porsche Cayenne Diesel vehicles, 2013-2016.
IF YOU OWNED OR LEASED ONE OF THESE VEHICLES ON NOVEMBER 2, 2015 OR IF YOU CURRENTLY OWN ONE OF THESE VEHICLES, THE SETTLEMENT MAY AFFECT YOUR LEGAL RIGHTS
IF YOU SELL YOUR VEHICLE ON OR AFTER JANUARY 17, 2018, YOU WILL LOSE ANY BENEFITS FOR WHICH YOU ARE ELIGIBLE
3.0L SETTLEMENT BENEFITS FOR PORSCHE CAYENNE DIESELS (2013-2016):
A repair has been approved by U.S regulators to bring all Porsche Cayenne Diesel (2013-2016) vehicles into compliance with the emissions standards to which they were originally certified. The repair is available through recall in Canada. If you are an eligible owner or lessee of such a vehicle, YOU MAY CLAIM:
•Emissions Compliant Repair with Extended Emissions Warranty + Cash if you continue to own or lease
•Even if you no longer own or lease your vehicle, you may be eligible for Cash
The 3.0L Settlement must be approved by Courts to become effective. The approval hearings will take place on:
•April 5, 2018 at 10:00 AM: Ontario Superior Court of Justice, 130 Queen Street West, Toronto, and
•April 3, 2018 at 9:30 AM: Superior Court of Québec, 1 Notre-Dame Street East, Montreal.
Courts will approve legal fees to class counsel. Those amounts will be paid separately and will not reduce the Settlement benefits.
YOU HAVE OPTIONS:
•Participate in the 3.0L Settlement, if approved by the Courts, and make a claim for eligible benefits;
•Object to the 3.0L Settlement before the Courts consider whether to approve it and attend an approval hearing;
•Exclude yourself from the 3.0L Settlement (opt out), in which case, you will not be eligible to receive any benefits.
You must take steps if you wish to exclude yourself and wish to preserve your legal rights against Volkswagen / Audi / Porsche.
To object to or opt out of the Settlement, submit a request so it is received by March 19, 2018. Go to www.VWCanadaSettlement.ca to obtain further information.
TO OBTAIN MORE INFORMATION, VISIT www.VWCanadaSettlement.ca or CALL 1-888-670-4773.
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.