EZ Lynk SEZC has defended itself against accusations that it had violated the Clean Air Act, stating that the company welcomes the opportunity to correct the record and prove its case in court.
The US government sued the Cayman-based special economic zone company which manufactures and sells a car diagnostic device called Auto Agent.
The suit, filed in a federal court in Manhattan earlier this month, alleges that the company was aware that its product was predominantly used to upload software updates, or ‘tunes’, to a vehicle’s computer to disable and delete electronic emission control systems.
EZ Lynk said in a statement both its Auto Agent wireless vehicle interface and companion application had been tested by an independent laboratory and were confirmed to have no effect on vehicle emissions.
“In fact, California, which has among the strictest air pollution laws in the nation, has determined that the Auto Agent contains no tunes and functions as an onboard diagnostics port scan tool,” EZ Lynk said.
“With no effect on emissions, the Auto Agent may thus be freely sold in California without need for a special authorization in an ‘executive order letter’ from the California Air Resources Board.”
The company said neither the wireless interface nor its companion app were tunes or contained tunes.
“Instead, the interface and application allow wireless connection between technicians and vehicles to facilitate remote diagnosis, troubleshooting and repair and provide a platform for delivery of necessary firmware updates to ensure compliant vehicle operation,” the statement said.
EZ Lynk said its device is also registered with the US Department of Transportation to serve as an approved electronic logging device for trucks and other fleet vehicles to ensure that drivers and their employers comply with hours-of-service limitations and other requirements.
The US government alleges that despite other performance and diagnostic purposes for the device, the company had reason to know that its product was mainly used to defeat emission controls, because hundreds of drivers had posted their experiences ‘deleting’ emission controls with the EZ Lynk system on the company’s own social media forum.
The US government further claims that the company had failed to cooperate an investigation by the Environmental Protection Agency.
Refuting the allegation, the company said that during the government’s inquiry regarding alleged misuse of the Auto Agent by a subset of users, it had cooperated by turning over significant volumes of data and voluntarily meeting with government officials in person to explain the technology and demonstrate the use of the device.
Contradicting government claims it had skirted the investigation and refused to give information, EZ Lynk said it had “repeatedly made itself available to the government for further discussion and dialogue in hopes of clarifying the matter”.
The company said it intends to defend itself vigorously in response to the government’s complaint, “which contains significant misstatements of both fact and law”.