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. Reena says:

    2017 toyta camry hybrid xle
    Already bankrupt
    But had a hard time repairing it

  2. Leigh Ann Powell says:

    My 2019 Camry has this horrible smell starting immediately after purchase. Was told by Toyota they cleaned filter, etc and recommended the charcoal filters which have not helped. I get a headache after driving awhile and have developed asthma since purchasing in 2019. Please keep me informed.

  3. Brian Keith Webb says:

    I have a weird smell in my 2012 Camry and feel sick when driving more than 30 minutes

  4. Tara Jones says:

    Horrible smell, took my 2015 camry to the dealership for an hvac cleaning was told it happens to all cars (then the employee said I’ve only seen it happen to Toyota) handed me documents to say it was normal. I was then encouraged to purchase a $70 charcoal air filter and told I would need to use those filters to help with the smell. I still smell it even with the charcoal filters.

  5. Jessica Velazquez says:

    We took our 2019 Camry in for a moldy smell in oct 2021; we were told we needed a vent cleaning. It didn’t help and the smell got worse. We insisted there was an issue and in Jan 2022 the dealership finally found mold in the car due to an HVAC blockage. If this qualifies for the class action, please let me know.

  6. Shazim Baksh says:

    I bought my 2015 Toyota Camry SE brand new after a few years I have developed asthma and I have to press the button to avoid the fresh air or else I get the mold/mildew smell everyone else is mentioning here. Please add me to the list.

  7. Vonda Henthorne says:

    unfortunately, I have already realized this way before seeing this. I would apprecaite being kept in the loop

  8. Belinda Arrieta says:

    My 1014 Toyota Camry has a bad smell. I get sick when I drive. The more I’m in the car with the air. I feel nausea. Please add me to your lawsuit. I love in Southern California. Please contact me thru email. Thank you, Belinda.

  9. Sungki Lee says:

    I have the same issue in my 2015 Camry XLE

  10. Ofik Baghdasarian says:

    My 2013 Toyota Camry alway smell like something wet is in the car

    1. Sharon says:

      I have a wet damp smell mold on carpet under floor mat on driver side

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