The Australian Competition and Consumer Commission (ACCC) has initiated proceedings in the Federal Court against Audi AG, and its Australian subsidiary Audi Australia over allegations the carmaker lied to consumers about emissions rates in key models.
It alleges that Audi AG and Audi Australia engaged in misleading or deceptive conduct, made false or misleading representations and engaged in conduct liable to mislead the public in relation to certain diesel vehicle emission claims.
The watchdog also claims that German parent company Volkswagen (VW) was knowingly involved in this conduct.
The ACCC alleges that between 2011 and 2015 Audi AG engaged in misleading conduct by not disclosing the existence and operation of ‘defeat’ software in certain Audi-branded vehicles.
Both Audi AG and Audi Australia are accused of engaging in misleading conduct by noting 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
“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, and associated representations about the vehicle and its performance, breach the Australian Consumer Law,” ACCC chairman Rod Sims says.
The ACCC is seeking declarations, pecuniary penalties, corrective advertising, orders relating to the future use of findings of fact and costs.
Skoda-branded vehicles are also affected by the Volkswagen diesel emissions issue.
The ACCC has decided not to pursue further action against Volkswagen (which owns the Skoda brand in Australia) at this time in relation to these Skoda vehicles.
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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