As covered in our previous post, Tennessee’s Consumer Protection Act may provide a good remedy for owners of Volkswagen and Audi diesel automobiles purchased in Tennessee, as it provides for treble damages and attorneys fees.
Cars subject to the recall, which include the following, will have reduced resale and trade-in value, even after the defective emission control systems are corrected:
2009 – 2105 VW Jetta TDI;
2010 – 2015 VW Golf TDI;
2010 – 2015 Audi A3 TDI;
2012 – 2015 VW Passat TDI;
2012 – 2015 VW Beetle TDI.
If the car was purchased new in Georgia, the Uniform Deceptive Trade Practices Act, O.C.G.A. Sec. 10-1-370 could provide a good remedy as well. Private actions are permitted, and if an intentional violation is found, the court can award three times the actual damages under O.C.G.A. Sec. 10-1-399, as well as reasonable attorneys’ fees. This is very important, as the damages to each individual owner may be relatively modest, depending on the diminution in value of each car, but tripling the damage award and adding attorneys’ fees can make it economically feasible to bring individual lawsuits on behalf of diesel owners as an alternative to participating in one of the hundreds of class action lawsuits already filed around the county.