John Suayan Oct. 14, 2015, 12:34pm


A North Texas man has filed a class action lawsuit against Volkswagen Group of America, Inc., claiming the car manufacturer “violated state and federal environmental laws when it sold vehicles with fraudulently manipulated vehicle emissions control devices in an effort to circumvent emissions testing requirements.”

Sherman resident Barry Henry’s suit, filed Oct. 7 in the Sherman Division of the Eastern District of Texas, asserts the Volkswagen vehicles released Nitrogen Oxide at levels that far exceed allowable standards.

“This case arises from Volkswagen’s unprecedented, and until recently successful, efforts to cheat consumers, deceive the public, and bypass federal and state regulations,” the original petition states.

Henry purchased a 2014 Volkswagen Jetta from Metro Volkswagen in Irving for approximately $34,264.08 on July 26, 2014. He reportedly paid an additional $2,000 to purchase an extended “Mechanical Failure Service Contract” on his vehicle for a term of six years.

According to the complaint, unbeknownst to Henry at the time he bought the Jetta, “the vehicle contained a defeat device designed to bypass emissions standards and deceive consumers and regulators, and the Vehicle could not deliver the advertised combination of low emissions, high performance, and fuel economy.”

The suit argues the defendant had been committing the wrongdoing in question for more than half a decade.

“For over six years, Volkswagen has intentionally and systematically cheated its customers, lied to the government, and misled the public about the efficacy of its four cylinder diesel-engine vehicles sold under the Volkswagen and Audi brands,” it says. “Volkswagen has marketed its so-called “clean diesel” vehicles as high performing, fuel efficient, and environmentally-friendly. In truth, Volkswagen’s clean diesel vehicles are anything but clean.”

Around the same time Henry submitted his suit, Texas Attorney General Ken Paxton initiated legal action against Volkswagen and Audi in light of accusations their clean diesel vehicles contained software designed to cheat emissions tests. His office seeks restitution on behalf of Texas consumers who were victimized by Volkswagen’s deceptions and misrepresentations as well as an injunction barring the companies from engaging in such practices in the future.

Henry’s suit seeks unspecified monetary damages and a jury trial.

He is represented by attorney W. Craft Hughes of the law firm Hughes Ellzey, LLP in Houston.

Sherman Division of the Eastern District of Texas 4:15-CV-691

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