Michael A. Kakuk  |  November 6, 2015

Category: Consumer News

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Toyota class action settlementOn Nov. 4, a class action lawsuit was filed against Toyota over alleged defects in the heating, ventilation, and air conditioning (HVAC) system of its popular Camry model cars that potentially cause mold and foul odors.

Lead plaintiffs Alfred Salas and Gloria Ortega claim that Toyota has known about the defect in its HVAC system since 1997, but has not fixed the problem or notified consumers of the defect.

“Toyota knew about the HVAC Defect present in every [Toyota Camry], along with the attendant risks to health and safety, and concealed them from Plaintiffs and Class Members, at the time of sale, lease, and repair and thereafter,” the Toyota class action lawsuit alleges.

The Toyota Camry HVAC defect class action lawsuit seeks damages of more than $5 million for all purchasers of Toyota Camry models 2011 through the present. The class action lawsuit also asks Toyota to notify Camry owners of the HVAC defect, repair existing defects, and stop selling Camry vehicles that contain the defect.

Salas and Ortega claim that the defect in the Toyota Camry HVAC system is the evaporator. “As the cold refrigerant passes into the evaporator, it absorbs heat from the air in the passenger compartment and also collects moisture because of condensation on the evaporator’s surface,” they allege in the Toyota HVAC defect class action lawsuit. “This moisture, along with pollen, dead insects in the air, and bits of leaves that enter the HVAC system from the outside vents, leads to an environment favorable to the growth of mold and other contaminants.”

The Toyota Camry HVAC defect class action lawsuit details several examples that Toyota knew the defect existed. In 1997, Toyota reportedly issued a bulletin to dealerships warning them that a “musty smell” may develop from “[m]icrobial growth in the evaporator.”

In addition, the Toyota class action lawsuit cites a 2005 Camry repair manual that listed the “A/C system odors” as “a common complaint” and that there was “no permanent mechanical repair” for the problem. The class action lawsuit also cites numerous examples of consumer complaints about the odor from the HVAC system of Toyota Camry cars.

Salas and Ortega claim that they each purchased a Toyota Camry that developed a bad odor. The Toyota class action lawsuit states that both plaintiffs have taken their vehicles to Toyota dealerships in California, but they could not repair the issue and the “noxious, foul, and moldy odors” that persist in both vehicles.

The HVAC defect cannot be fixed by Toyota technicians, and therefore the defect “may require expensive and temporary repairs which do not address the issue, including repeated replacement of air filters or other related components, as well as repeated foam flushes or other related repairs,” the Toyota Camry HVAC defect class action lawsuit alleges.

Mold from the Toyota Camry HVAC defect can cause serious health concerns, according to the class action lawsuit. Citing the Centers for Disease Control and Prevention, the class action lawsuit states that “molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation” or worse reactions for people with allergies. Similarly, the class action lawsuit cites the World Health Organization, which has stated that exposure to mold can be “clinically associated with respiratory symptoms, allergies, asthma, and immunological reactions.”

Salas and Ortega are represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, and Cody R. Padgett of Capstone Law APC.

The Toyota Camry HVAC Defect Class Action Lawsuit is Alfred Salas, et al., v. Toyota Motor Sales, U.S.A. Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.

UPDATE: On Feb. 25, 2016, Toyota filed a motion to dismiss a proposed class action lawsuit against the company, arguing that the plaintiffs in the case can’t demonstrate how their vehicle is worth less based on an alleged defect that promotes mold growth.

UPDATE 2: On Sept. 27, 2016, most of the claims in a Toyota Camry class action lawsuit alleging an air conditioning defect survived a motion for dismissal.

UPDATE 3: On Nov. 3, 2016, Toyota Motor Sales USA Inc. filed amotion to dismissan amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.UPDATE 4: On March 27, 2019, a federal judgecertified a Class of Toyota Camry ownerswho may have dealt with defective HVAC systems.

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66 thoughts onClass Action Alleges Toyota Camry HVAC System Emits Foul Odors

  1. Hien says:

    I bought my 2008 Camry brand new and it started to have the bad odor around 2018 where I have to use the car with the fan and AC off or the window down with the fan on, which kind of defeat the purpose of having an AC system. I don’t want to sell it because I don’t know if anyone would want to buy it. I can trade it in for a lower price, but that only moves the problem to the next owner regardless of whether they are made aware of the problem or not. For me, more than the inconvenience and financial sides of the issue is the health issue, which made me really avoid using my car as much as possible and thereby defeat the purpose of having a car. For Toyota, I don’t see why they think it’s a good financial reason not to fix the problem and risk alienating car owners and tarnish their reputation.

  2. Tamekia Thomas says:

    I have a 2014 Toyota camery I need someone to get in contact with me I have pictures as well

  3. Josue Rodriguez says:

    I have a 2009 Toyota Camry with the same problem in summer, how i can be added to this lawsuit?

  4. Karla navas says:

    My camary is bad. You can add me too

  5. Janet Hickman says:

    It’s a shame you can’t get no help for the cars that smell and fog coming out of the vents when you cut the air condition off. It makes you sick I’ll never buy a Toyota a can I tell every-one so they know that Toyota will not fix the problem.

  6. Miles Ratliff says:

    My 2013 Camry is getting worst, just last week we drove down to Florida for 2 weeks, the 3rd day there the whole floor was soaked. This is getting to the point I can’t even ride in the car for the smell.

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