Jessy Edwards  |  October 4, 2021

Category: Auto News

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Toyota & Toyota Camry
(Photo Credit: James R. Martin/Shutterstock)

 

Toyota Camry HVAC Class Action Lawsuit Overview:

  • Who: Toyota Motor Corporation
  • What: A federal judge has determined that Toyota must go to trial over a class action lawsuit filed by customers who claim the company concealed defects in the cars’ ventilation systems.
  • Where: Nationwide

A class action alleging Toyota made Camry vehicles that emitted foul smells with toxic contaminants from its air conditioning system and then concealed the fact is headed to trial, a Florida federal judge has ruled. 

U.S. District Judge Federico Moreno ruled on Sept. 30 to deny Toyota’s motion to rule in its favor without a trial. 

“The court finds sufficient evidence presented to preclude summary judgement in favor of the defendant at this time,” he said. “The court will consider the defendants’ arguments again in their expected motion for judgement as a matter of law at trial.”

He allowed one of the three named plaintiffs, Michelle Monge, to be dismissed from the complaint due to not having purchased the car at an authorized dealer.

The claims, originally filed in 2018, alleged certain Camry vehicles contain a defective heating, ventilation and air conditioning (HVAC) system that causes foul, noxious and toxic odors to be emitted into the passenger compartments. In 2019, a federal judge denied Toyota’s motion to dismiss the case

Remaining plaintiffs Javier Cardenas and Rodney Baker are bringing the Toyota class action lawsuit on behalf of themselves and a proposed Class of consumers who purchased or leased a 2012 to 2017 model year Toyota Camry and/or Toyota Camry Hybrid. 

They seek to represent a nationwide Class as well as Classes of purchasers and lessees of Camry vehicles in Florida and Tennessee.

According to the class action lawsuit, Toyota Camry’s have a defective HVAC system that fails to remove all humidity and water, leading to the emission of foul odors into the passenger compartment when the HVAC system is in use.

Toyota Camry HVAC system allegedly emits ‘mold and other contaminants’ into the vehicle

Cardenas and Baker claim the Toyota Camry HVAC system defect exposes the putative Class to a “serious health and safety hazard” because the HVAC system allegedly emits mold and other contaminants into the vehicle.

Numerous complaints have been lodged about the Camry HVAC system defect to the National Highway Traffic Safety Administration, Toyota dealerships, distributors and the Toyota defendants.

The Toyota defendants named in the Camry class action lawsuit include Toyota Motor Corporation, Toyota Motor Sales USA Inc., Toyota Motor Engineering & Manufacturing North America Inc., and Southeast Toyota Distributors LLC.

“No reasonable consumer expects to purchase or lease a vehicle with a HVAC System Defect that exposes them to foul, noxious, and/or toxic odors, mold, and other contaminants,” the Toyota Camry class action lawsuit states.

“Further, plaintiffs and Class members do not reasonably expect defendants to conceal a defect in the Class vehicles or conceal a known health and safety hazard,” the lawsuit states.

Cardenas and Baker claim that the defendants engaged in a conspiracy to conceal the Camry HVAC defect. The Toyota Camry class action lawsuit asserts violations of the federal Racketeering Influenced and Corrupt Practices Organizations Act (RICO), fraud or fraudulent concealment, breach of the implied warranty of merchantability, violation of the Magnuson-Moss Warranty Act, violation of Florida’s Deceptive and Unfair Trade Practices Act, and violation of the Tennessee Consumer Protection Act.

Have you had problems with the HVAC system in your Camry or Camry Hybrid? Let us know in the comments below.

The plaintiffs are represented by Peter Prieto, John Gravante III, Matthew Weinshall and Alissa Del Riego of Podhurst Orseck PA; Peter A. Muhic and Tyler S. Graden of Kessler Topaz Meltzer & Check LLP; and by Paul R. Kiesel and Jeffrey A. Konciusn of Kiesel Law LLP.

The Camry HVAC system defect class action lawsuit is Javier Cardenas, et al. v. Toyota Motor Corp., et al., Case No. 1:18-cv-22798, in the U.S. District Court for the Southern District of Florida.


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44 thoughts onToyota Camry HVAC Defect Class Action Will Go to Trial

  1. Deborah Slesinski says:

    2018 Camry XLE. Same issue. The chemical smell is nauseating. Occurs when fresh air comes through AC. I’ve learned to live with it by always having the recirculate button engaged so I never have fresh air coming in.

    1. Robert Vanderhoff says:

      We have a 2021 Camry that is moldy in n the rear passenger floor, smalls of mold and stays wet. We took it to the dealership and were told it was due to a vent being covered in spider webs. We were told the Toyota dealership had to remove the carpet and foam to clean it and they want to charge us $800!
      My wife is a current cancer patient, and she cannot even drive it nor be a passenger in it at this point. We cannot afford the $800 they want to charge us yo clean it.

      We are leasing the car so at the end of the lease they’re probably going to charge us for the cleaning anyway. THIS IS NOT RIGHT!!

  2. Claire Garcia says:

    My 2018 Camry has a foul smell coming from the AC. Smells like mold/dirty socks. We’ve taken it to the dealer for cleanings and it keeps coming back. Dealer says it’s because I live in a humid state which makes no sense cause we have a 2007 Camry that never had that issue

  3. Nancy stine says:

    My 2017 Prius prime has a bad smell coming thru the HVAC system. Please advise

    1. Tamara Davis says:

      I noticed my 2015 Camry has a odor. How do we sign up on class action lawsuit.

  4. Nancy c Stone says:

    My information includes the 2017 Prius Prime. My car has a sour smell through the vents. I asked Toyota if there had been a recall and they said no. I would have to pay $120.00 to have the system flushed out at my next visit. Please update me on any recourse that I might have regarding this issue.
    Thank you.
    Nancy Stone

  5. Megan Phillips says:

    Yes!! I bought my new Camry in May 2013. Within the first year of regular maintenance visits to my dealership I complained of the smell. They did a “cleaning” but claimed nothing was actually wrong. We still own the car. Would love to have this fixed.

  6. Tamika says:

    Started having this issue after 5 years of ownership and had no idea there was common defect with it when I bought it in 2015.

  7. Tamara Davis says:

    2015 Camary has a mildew smell. Sign me up for this suit.

  8. Christine Cogliandro says:

    My 2914 Camry has had this problem, discovered shorty after purchasing. Dealership gave me nothing but excuses! Please add me to this suit.

  9. Lea Maynard-Shelton says:

    Add me to this claim!

  10. Angela Garr says:

    Add me

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