Clay Dugas initiates ‘defeat device’ suit against Volkswagen

By David Yates | Jan 19, 2016

BEAUMONT – Local attorney Clay Dugas is representing an area resident in a “defeat device” suit against Volkswagen.

A defeat device, as defined by the United States Environmental Protection Agency, is any apparatus that unduly reduces the effectiveness of emissions control systems under conditions a vehicle may reasonably be expected to experience.

Through Dugas, Victor Fulton filed his suit Jan. 12 in Jefferson County District Court.

In the past six months, numerous suits have been brought against the automaker, all asserting Volkswagen installed software to fool emissions testing of its clean diesel vehicles.

As previously reported, on Oct. 8 Attorney General Ken Paxton filed suit against Volkswagen and Audi over violations of state consumer protection laws, along with a separate suit charging that the companies violated clean air standards in Texas.

Fulton claims he/she purchased a 2013 Jetta on June 28, 2013.

“Defendant marketed those vehicles as environmentally friendly cars that possessed the holy grail of automotive qualities: extremely high fuel efficiency and performance with very low emissions,” the suit states.

“Although defendant successfully marketed these expensive cars as ‘green,’ their environmentally friendly representations were a sham.”

While the vehicles in question met emission standards when being tested, outside of the testing station they would emit up to 40 times the allowable standard for certain pollutants, the suit states.

Volkswagen confirmed more than 480,000 such vehicles were sold in the U.S. Texas consumers have purchased approximately 32,000 of these vehicles since their introduction to the market.

Fulton accuses Volkswagen of fraud and breach of contract.

The plaintiff is seeking a judgment for the cost of the vehicle ($25,394.79) and attorney’s fees and court costs.

Attorney Jane Leger also represents the plaintiff.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B-198013

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