Toyota settlement over faulty Denso engines receives final approval

Update: 

• A New York judge gave final approval to a settlement that ends class action claims that Toyota made cars with a fuel pump defect that it failed to disclose or cover in warranty.
• In an order filed Dec. 20 in a New York federal court, U.S. Magistrate Judge James R. Cho approved the settlement, which requires Toyota and the fuel pump manufacturer to extend new parts warranties to certain customers and establish new programs that provide prospective warranty coverage for repairs, including parts and labor.
• The order certifies a settlement class of all people in the United States, Puerto Rico and other territories who owned or leased one of the class vehicles with the defective engines.
• The 33 class representatives will each receive a service award of $2,500. The deal also reimburses customers for certain out-of-pocket expenses.

(Feb. 7, 2022)

A New York woman says that she and other vehicle owners and lessees were put in jeopardy by a fuel pump defect that the car maker failed to disclosed in a newly filed Toyota class action lawsuit.  

Lead plaintiff Sharon Cheng alleges in her class action lawsuit that approximately 700,000 Toyota and Lexus vehicles were recalled because of a safety defect; however, many more vehicles are allegedly affected.  

The Toyota recall reportedly affects the following vehicles: 2018-2019 Toyota 4Runner, 2019 Toyota Avalon, 2018-2019 Toyota Camry, 2019 Toyota Corolla, 2018-2019 Toyota Highlander, 2018-2019 Toyota Land Cruiser, and 2018-2019 Toyota Sequoia manufactured between Aug. 1, 2018 and Jan. 31, 2019.

However, the plaintiff says the “same dangerous condition is present in all 2018-2019 Toyota manufactured vehicles equipped with low-pressure fuel pumps with part number prefix 23220- or 23221-.”

According to the complaint, the defect is a low-pressure Denso fuel pump that could result in failure. As a result, vehicles can reportedly stall or even shut down.  

“The Fuel Pump Defect in the Class Vehicles exposes occupants and others to extreme danger, or even death,” states the complaint.” A vehicle that stalls or suffers engine shutdown is at heightened risk for collision. A vehicle that stalls or suffers engine shutdown causes drivers to react to remove themselves from danger, typically by exiting the road. Drivers stranded on the side of the road experience a heightened risk of danger, whether it is from other vehicles or weather elements.” 

According to the Toyota class action lawsuit, the design defect stems from a plastic impeller that becomes unstable under normal driving conditions. The plaintiff says there are no warnings when the vehicle is about to experience problems with the pump.  

Cheng claims that the car maker knew of the fuel pump defect for a long period of time. According to the Toyota class action, the car manufacturer issued a Defect Information Report noting that had received warranty requests numbering in the thousands over the fuel pump defect. 

Despite knowing of the defect, Toyota has not provided a remedy, alleges the complaint.  

“Toyota stat[ed] it will not even notify owners and lessees of the Class Vehicles of the Fuel Pump Defect, despite its attendant risk of bodily harm or death, until March 13, 2020,” the Toyota class action lawsuit claims. “Thus, owners and lessees of the Class Vehicles are unknowingly driving on roads and highways in potentially ticking time bombs while Toyota knowingly exposes its customers, from whom it made at least $20 million from the sale of just the Recalled Vehicles, to the risk of grave physical harm and even death.” 

The plaintiff alleges that Toyota has also not told consumers to stop driving vehicles affected by the defective fuel pump. The complaint contends that Toyota should have fixed the problem and offered owners and lessees free loaner vehicles.  

According to the Toyota class action lawsuit, the plaintiff and other owners and lessees suffered a loss of value in their vehicles because of the defect. The plaintiff says that Toyota’s marketing touts its vehicles’ safety system and that she and other customers used this advertising when deciding to purchase their vehicles.  

The Toyota class action lawsuit seeks to represent all current and former owners and lessees of vehicles affected by the defect.  

Do you own a vehicle allegedly affected by the Toyota fuel pump defect? Tell us your story in the comments below.  

The plaintiff is represented by Demet Basar, Malcolm T. Brown, and Kate McGuire of Wolf Haldenstein Adler & Hertz LLP and W. Daniel “Dee” Miles, III, H. Clay Barnett, and J. Mitch Williams of Beasley Allen Crow Methvin Portis & Miles, PC.  

The Toyota Fuel Pump Defect Class Action Lawsuit is Cheng v. Toyota Motor Corporation, et al., Case No. 1:20-cv-00629, in the U.S. District Court for the Eastern District of New York.  

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