The cost for VW are racking up as we speak. They've stopped all sales of the TDI new and used. The billions that this is going to cost them will be staggering, once you get done with all the punitive costs that will be applied.
This is not a programing problem or a faulty part, this is deception plain and simple. This is where the punitive damage might exceed the actual cost to fix the cars.
After speaking with the wife tonight we're going with the individual suit for fraud against VW. It will take much less time to resolve then the current class action that is being built. Which will mostly benefit the lawyers.