Cohen & Malad, LLP filed a class action lawsuit against Volkswagen Group of America, Inc., on behalf of U.S. motorists who purchased certain diesel engine models of vehicles that contained software that only turned on full pollution controls when the car was undergoing official emissions testing. The United States Environmental Protection Agency (EPA) is also working alongside the United States Department of Justice in an investigation into this violation of the Clean Air Act which estimates these vehicles could release up to 40 times the legal limits of pollutants into the atmosphere.

Vehicles that contain a 2.0-liter turbocharged diesel engine are being investigated. The focus of the investigation is centered on approximately 11 million vehicles including the following models made between 2009 and 2015: Jetta, Passat, Golf, Jetta SportWagen, and Beetle. Other diesel engine models may also be included.

The lawsuit seeks to recover damages to consumers who paid premium prices for these vehicles that promised, but failed, to reduce carbon emissions.