Is this being done to the drivers? I have not seen it reported.
Just trying out my dismal. Owners unknowingly broke the law driving cars that weren't road worthy according to current law. Lying is not a legitimate reason to take money from buyers. So, if those who shopped for cars had actual information about the cars 1. they wouldn't buy them or, 2. if they did buy them they would knowingly break laws. Either way a bad deal for the buying public.
This feels more like you're arguing for the existence of nonexistent problems than dismaling. It's not particularly controversial that pollution control devices cause an increase in cost and a loss of fuel economy and performance.
The best case you could make for the car buyers being victims is that when they bring the cars back for the recall they will suffer the loss of fuel economy and performance they have heretofore been enjoying at breathers expense. I imagine VW will eat the cost. So they're still probably better off than if they had bought a car paying the full cost of the required pollution controls themselves and been suffering the downgrade in performance the whole time.