VW class action info

http://www.copyright link/business/legal/volkswagen-audi-face-first-class-action-20151101-gkoeli

Boutique personal injuries firm Bannister Law has beat the rush of plaintiff law firms, being the first to file a class action against Volkswagen and Audi over the carmakers' pollution cheating scandal.
The firm has notably beaten major class actions firm Maurice Blackburn in filing two class actions late on Friday in the Federal Court under consumer law against Volkswagen and Audi Australia, for selling vehicles that contained emissions defeating devices.
"In supplying cars containing the defeat device, the statutory guarantee was not complied with. If we're successful on that part of the claim, the customer may be entitled to a refund of the purchase," class principal Charles Bannister said in a statement on Monday.
Over 90,000 local cars, including diesel models from VW, Audi, Škoda and Seat manufactured between 2008 and 2014, have been caught up in the German carmarker's global emissions-rigging scandal.

Mr Bannister said consumers could be entitled to a refund of the purchase price of the cars.
He said a part of the claims was that both VW and Audi guaranteed, under the consumer laws, that the vehicles were fit for their purpose, and free from defects.
The firm alleges the that in supplying cars containing the defeat device, the carmakers did not comply with the statutory guarantee.
Its other action was for misleading and deceptive conduct.


"This deception strikes at the very heart of the brand and undermines its value," Mr Bannister said.
"That damage is already apparent. We're already seeing hard evidence on the impact on vehicle resale throughout the market. Whether consumers have new or second hand cars, if theirs is an affected model that loss of value is currently borne by them."
The Australian Competition and Consumer Commission is also planning legal action against VW for breaching mandatory safety standards and potentially for misleading and deceiving consumers, causing detriment to consumers and competition and stifling innovation.


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