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keyless fob class action lawsuitA proposed $5 million class action lawsuit alleges that the electronic keyless fob remote made popular in Toyota and Ford vehicles over the last decade, contains a deadly defect.

The keyless fob is advertised as the “ultimate driving convenience,” as drivers can use the remote control as a quick way to enter a car without having to search their pockets or handbags for a physical key. However, the Toyota, Ford class action lawsuit claims that the so-called convenience has led to at least 13 reported carbon monoxide deaths as drivers were unaware that when they removed the keyless fob from the vehicle, the engine would still be running.

Carbon monoxide is commonly known as the “silent killer” due to its odorless gas that can fill enclosed spaces and spread to attached homes. More than 30 percent of U.S. homes have attached garages which increases the risk of carbon monoxide poisoning if a vehicle is inadvertently left running. Death due to carbon monoxide poisoning can occur in less than two hours.

Lead plaintiff Richard Draeger of California claims he unintentionally left his Toyota Prius running overnight after removing the keyless fob from the vehicle. This prompted him and others to file the potential keyless fobs class action lawsuit alleging that had he known of the potentially life-threatening defect they would not have purchased the vehicle.

The group of plaintiffs not only accuse Toyota and Ford of the faulty defect but also Nissan North America Inc., American Honda Motor Co. Inc., BMW of North America LLC, FCA US LLC, General Motors Co., Volkswagen Group of America Inc., Mercedes-Benz USA LLC, Hyundai Motor America Inc. and Kia Motors America Inc.

According to the keyless fobs class action lawsuit, vehicles who utilize the keyless entry could be equipped with a basic safety mechanism that would automatically turn off an unattended car engine within a certain amount of time.

Draeger claims that not only is an “auto-off” possible, it has already been implemented by certain car manufacturers. According to the class action lawsuit, GM recalled 2011-2013 Chevrolet Volts that contained a keyless fob and modified the defect with a software update. The defect reportedly took less than $5 per vehicle to fix and only 30 minutes of dealership time. Yet the automaker did not impose the same keyless fob recall on any of its other affected vehicles.

The group of plaintiffs proposing the keyless fob class action lawsuit have accused Toyota, Ford, Honda, BMW, GM and various other car manufacturers of fraudulent concealment of the defect and failure to recall.

If the keyless fobs class action lawsuit is approved, potential Class Members could join a nationwide class that would include all individuals in the United States who purchased or leased an vehicle equipped with a keyless fob.

The keyless fobs class action lawsuit is also seeking state specific subclasses to include all persons who purchased or leased an affected vehicle in the states of California, Arizona, Colorado, Connecticut, Florida, Massachusetts, New Jersey, New York or Pennsylvania.

The plaintiffs are represented by Elaine T. Byszewski and Steve W. Berman of Hagens Berman Sobol Shapiro LLP and Martis Alex, Daniel R. Leathers and Brian R. Morrison of Labaton Sucharow LLP.

The Toyota, Ford Keyless Fobs Class Action Lawsuit is Draeger, et al. v. Toyota Motor Sales USA Inc., et al., Case No. 2:15-cv-06491, in the U.S. District Court for the Central District of California, Western Division.

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3 thoughts onToyota, Ford Keyless Fobs Class Action Lawsuit Seeks $5M in Damages

  1. Pamela Konchinsky says:

    I have recently (June 2016) purchased a 2011 Toyota Sienna with the keyless ignition. Yesterday(10/5/2016) my parked unoccupied vehicle rolled down the driveway, crossed the alley and crashed into my neighbors garage.

  2. Virginia Barnhill says:

    I have had 2 Priuses and walked away from it not knowing it was on…this can be dangerous, Please include me in this kawsuit

  3. Susan says:

    My 2013 Dodge Charger has this issue as well. I have accidentally left it running several times. Its very easy to do because this power button to the radio is very close to the on/off start button and this can cause confusion. You would think that without the key in the vehicle for a certain amount of time, that the vehicle would automatically shut its self off.

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