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A Redondo Beach woman who bought a new VW the day before news of the emissions cheating scandal broke has filed a class action lawsuit against the automaker.

What’s the problem?

October 5, 2015 – Plaintiff Amy Bergrud filed the class action this week on behalf of customers who purchased or leased modified Volkswagen or Audi diesel cars — particularly those whose transactions occurred after September 3.

Last week, VW admitted that approximately 11 million diesel vehicles worldwide contained “defeat device” software that helped them cheat emissions testing. The admission came after the Environmental Protection Agency (EPA) ordered the company to recall 500,000 clean diesel vehicles in the U.S. over falsified emissions data. Volkswagen has not said whether it plans to offer compensation to vehicle owners.

According to the class action, Bergrud bought a 2015 diesel Passat at Volkswagen of Orange on September 17 for about $32,000 cash — her first vehicle purchase in nearly a decade. After learning of the emissions scandal, the 41-year-old Redondo Beach resident contacted the dealership and its corporate offices to request a full refund, claiming she purchased the car under false pretenses.

The dealer willingly sold Bergrud the vehicle before public disclosure of Volkswagen’s fraud, but well after the automaker knew of the problem, according to the lawsuit. The dealership told Bergrud there was nothing it could do for the time being, and corporate offices did not respond at all.

The class action alleges that VW defrauded customers who not only paid extra for their “clean diesel” cars, but also will likely see declines in the resale value of the vehicles. Bergrud is seeking the repeal of her sale contract and monetary compensatory for punitive damages.

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