ACCC files legal action against Audi

The Australian Competition & Consumer Commission (ACCC) has filed further legal action against VW subsidiary Audi, alleging the German car maker used a defeat device in its diesel vehicles to evade emissions regulations between 2011 and 2015.

The latest filing is a continuation of proceedings the consumer watchdog first launched against VW on September 1 last year.

The ACCC claims Audi “engaged in misleading conduct by representing that the vehicles complied with all applicable regulatory requirements for road vehicles in Australia when, because of the defeat software, that was not the case.”

“Audi Australia marketed the vehicles in Australia as being environmentally friendly, producing low emissions and complying with stringent European standards when this was not the case under normal driving conditions,” the report continued.

“Consumers expect that there is some relationship between the performance of the car as set out in the sales brochure and their day to day on-road use,” ACCC Chairman Rod Sims said.

“We allege that the installation of software which allows the vehicle to meet testing standards but then causes the vehicles to operate differently on the road… breach the Australian consumer law.”

While Skoda-branded vehicles are also affected by the VW emissions scandal, the ACCC has decided against further action against VW, noting the lower volume of Australian sales and continuing class actions.

Audi Australia has supplied more than 12,000 affected vehicles to Australian consumers, according to the ACCC.

In December 2016, VW and Audi Australia announced a recall and software update for the affected vehicles designed to repair diesel vehicles affected by the emissions scandal.

Audi Australia told Fairfax Media the ACCC’s action didn’t provide any practical benefits to consumers. “The company believes that the best outcome for those valued customers with an affected vehicle is to have the voluntary recall service updates installed,” its spokesperson said. The company will review the ACCC’s claims and defend class-action lawsuits from private drivers.

The Audi-branded vehicles covered by these proceedings are:

A1 3 Door – 2011 to 2013
A1 Sportback – 2012 to 2015
A3 Sportback – 2011 to 2013
A4 Allroad – 2012 to 2015
A4 Avant – 2011 to 2015
A4 Sedan – 2011 to 2015
A5 Cabriolet – 2012 to 2015
A5 Coupe – 2012 to 2015
A5 Sportback – 2012 to 2015
A6 Avant – 2012 to 2015
A6 Sedan – 2011 to 2015
Q3 SUV – 2012 to 2015
Q5 SUV – 2011 to 2015
TT Coupe – 2011 to 2014

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