Abraham Jewett  |  March 29, 2022

Category: Auto News

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2020: Prototype of a red new Toyota Highlander Hybrid
(Photo Credit: Polina MB/Shutterstock)

Toyota Highlander Fuel Tank Defect Class Action Lawsuit Overview: 

  • Who: Samuel J. and Belinda A. Prince filed a class action lawsuit against Toyota Motor Sales, USA. 
  • Why: The Princes claim Toyota fails to disclose that the fuel tanks in its 2020-2021 Toyota Highlander vehicles are defective.
  • Where: The class action lawsuit was filed in New Jersey federal court.   

Toyota sells model year 2020-2021 Toyota Highlander vehicles with defective fuel tanks that can’t be filled to their advertised capacity, a new class action lawsuit alleges.

Plaintiffs Samuel J. and Belinda A. Prince claim the alleged fuel tank defect increases emissions, alters the vehicle’s promised driving range and increases risk of overflow while gassing up. 

Toyota fails to disclose the alleged fuel tank defect to consumers prior to them purchasing the vehicles, the class action lawsuit alleges. 

The Princes claim that, despite the 2020-2021 Toyota Highlander vehicles having an advertised fuel tank capacity of 17.1 gallons, gas pumps will automatically shut off at between 12 to 14 gallons when filling up an empty tank. 

Toyota has acknowledged that only approximately 14.2 gallons of the fuel tank are usable even though the fuel tanks technically have a capacity of 17.1 gallons, according to the class action lawsuit. 

“Consumers can attempt to force the tank to accept more fuel by slowly adding gas after the automatic shut-off has been triggered, but many have reported gas then spilling out of the vehicle well before the tank has actually been filled to the advertised capacity of 17.1 gallons,” the class action lawsuit states.

Toyota Highlanders Don’t Reach Promised 615 Miles, Class Action Says

The Princes claim the alleged fuel tank defect causes the Toyota Highlander vehicles to fall below their advertised driving range of 615 miles on a full tank. 

Further, they argue Toyota continues to advertise that the vehicles have a 17.1 gallon fuel tank capacity despite knowing that not all of the space is usable. 

The Princes claim Toyota is guilty of breach of express warranty and breach of implied warranty of merchantability, and in violation of the Magnuson-Moss Warranty Act and the New Jersey Consumer Fraud Act.

They want to represent a New Jersey class of consumers who purchased or leased a 2020-2021 Toyota Highlander equipped with a hybrid powertrain. 

Plaintiffs are demanding a jury trial and requesting declaratory relief along with compensatory, statutory and exemplary damages for themselves and all class members. 

A similar class action lawsuit was filed last June by consumers in California who claim Toyota failed to disclose that the fuel systems in its 2020-2021 Toyota Highlander vehicles are defective.

Have you purchased or leased a model year 2020-21 Toyota Highlander? Let us know in the comments! 

The plaintiffs are represented by Simon B. Paris and Patrick Howard of Saltz Mongeluzzi & Bendesky, PC, and Daniel E. Gustafson, David M. Goodwin and Ling S. Wang of Gustafson Gluek PLLC. 

The Toyota Highlander Fuel Tank Defect Class Action Lawsuit is Prince, et al., v. Toyota Motor Sales, USA, et al., Case No. 2:22-cv-01682, in the U.S. District Court for the District of New Jersey.


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114 thoughts onToyota Class Action Alleges Highlander Fuel Tanks Don’t Fill All The Way

  1. Chris Callaway says:

    2021 Highlander Limited Hybrid purchased new from a Toyota dealer in Nov 2021 in Florida. Salesman advertised 17 gal capacity with 600+ mi range. Fuel gauge never shows full. Range is never anywhere near the advertised 600 mi mark (I average low 300s). Averages in the 13-gal per fill up when near empty.

  2. Russel Hawkins says:

    It’s the same with my 2023 Hylander Hybrid. Takes 10 minutes to put in 7 gallons.

    1. Phil Rosman says:

      I only am able to put at most 14.1 gallons in 2023 Highlander hybrid when gauge shows 7 miles to empty. in shop now but not optimistic they will admit anything. say cushion so you don’t run out. 29% cushion, really?

  3. Philip Frystak says:

    I purchased a 2021 Highlander Hybrid on June 12, 2023. I’ve gassed it up 2 times since purchasing it and cannot get more than 14 gallons to go into the tank on a fill from empty. The thing that galls me is the salesman kept saying” you’ll love the 17 gallon gas tank for fewer fill-ups”. They had to know about this. Shame on you, Toyota- I expect more integrity than this.

  4. Brett Austin says:

    I purchased a Toyota Highlander Hybrid on April 14. 2021 and never have been able to fill fuel tank to the alleged 17.1 gallons. The manual shows 17.1 gallon capacity, but it never holds more than 13.5 gallons. When the car shows full, the mileage gauge has never shown more than 442 miles till empty. The car has never gotten more than 31 mpg even in the city or highway.
    Yesterday, the mileage gauge showed 79 miles left when I refuel. It took a maximum amount of 10.6 gallons afters repeated re-clicking the
    nozzle. So if I take 79miles left divided by 31mpg = 2.55 gallons remaining plus the 10.6 added = 13.15 tank capacity.

  5. JN Hall says:

    I purchased a 22 Highlander Hybrid partly because of the 600+ range.
    I still love the car, but I continue to chart data when I fill up…total miles, gallons, system calculated mi/g and manually calculated mi/g.
    I actually ran it out of gas trying to get the advertised range. Most gallons I can get it take is 15 gallons. Range is closer to 500 miles.
    Again, still love the car, but just tell the truth, and provide some remedy for the fact that the car actually delivers 20% less range than advertised.
    It’s just not right.

  6. Lewis Brant says:

    I also own a 21 hybrid, even with the fuel indicator showing 23 miles to empty ( less than 1 gallon ). Can only add about 14 1/2 gallons!

  7. Steven Brown says:

    I purchased a 2022 Highlander LSE. My vehicle has limited range due to the fuel tank issues. I was told it had a range of well over 500 miles per tank full. It only has an actual range of 300 miles. This is fraudulent and very frustrating since I drive long distances and I’m forced to stop twice as often. I even thought if I could put the spare tire on the lift gate perhaps a larger fuel tank can be installed. But have not located any information about it.

    Please contact me if your efforts obtain any traction. I’ll throw fuel on the fire. (Puns intended).

  8. Sherry Dzierzanski says:

    We’ve had same problem with our Toyota Hylander Hybrid for 2 1/2 yrs and just now hearing about this because we finally complained. I’m surprised they did not notify us?

  9. Danny says:

    Same problem! Took it to the dealership today and they are ordering a new gas tank for it the following fix the problem under my warranty.

  10. Bryan says:

    I have a 2023 Highlander Limited. The specs say that it has a 17.9 gallon fuel tank capacity. I can only put 15 gallons in when the gauge is on E! Please add me to the list!

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