Fraudulent Concealment and Virginia Consumer Protection Act Claims Against Volkswagen Move Forward

On August 30, 2016, Fairfax Circuit Court Chief Judge Bruce White issued a decision allowing Virginia Volkswagen claims arising from the unlawful use of an emissions defeat device to move forward. Specifically, the Court approved claims of fraudulent concealment and violations of the Virginia Consumer Protection Act. The Court also denied Volkswagen’s request to “stay” or temporarily suspend proceedings by Virginia consumers. Virginia Volkswagen owners who have received notice of the federal class action settlement may wish to consult a Virginia lawyer who can advise them whether to accept that settlement or whether they may be better off pursuing a Virginia claim in the Fairfax Circuit Court. Steven T. Webster, Webster Book LLP