Status: In progress

Fishkind, et al. v. Toyota Motor Sales U.S.A. Inc., et al.

Toyota manufactured and sold model year 2019-2021 Toyota RAV4 vehicles equipped roof rails that have a defect that can ultimately render them inoperable, a new class action lawsuit alleges.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

By Top Class Actions  |  April 7, 2023

Category: Auto News
Toyota Rav4 parked outside of a Toyota Dealership
(Photo Credit: Jonathan Weiss/Shutterstock)

Toyota roof rails class action lawsuit overview: 

  • Who: Todd and Judith Fishkind filed a class action lawsuit against Toyota Motor Sales U.S.A Inc. 
  • Why: The Fishkind’s claim Toyota manufactured and sold model year 2019-2021 Toyota RAV4 vehicles that were equipped with defective roof rails. 
  • Where: The class action lawsuit was filed in California federal court.
  • What are my options: CarShield provides vehicle service protection to brands like Toyota.

Toyota manufactured and sold model year 2019-2021 Toyota RAV4 vehicles equipped with defective roof rails that can ultimately render them inoperable, a new class action lawsuit alleges. 

Plaintiffs Todd and Judith Fishkind claim the alleged roof rail defect allows water to leak into the vehicle, including its dashboard area, causing electrical components to “malfunction without warning.” 

“Numerous owners of Class Vehicles have reported to the National Highway Traffic Safety Administration that this water leak has caused an electrical malfunction in their vehicle, rendering it inoperable,” the Toyota class action states. 

The Fishkind’s argue Toyota knew about the alleged defect as early as 2019, but chose to wait until September 2021 to remedy the issue and has since chosen to hide the design change from the public. 

“Unfortunately, and despite its purported commitment to customer satisfaction and safety, Toyota concealed this design change,” the Toyota class action states. 

Toyota accused of unjust enrichment, fraudulent concealment, law violations

The Fishkind’s want to represent a nationwide class and North Carolina subclass of all persons who have purchased and/or leased a model year 2019-2021 Toyota RAV4 vehicle. 

Toyota is accused of unjust enrichment, fraudulent concealment, and breach of implied warranty of merchantability, and of violating the North Carolina Unfair and Deceptive Trade Practices Act and the Magnuson-Moss Warranty Act

Plaintiff is demanding a jury trial and requesting class certification along with an award of actual, compensatory, general, special, incidental, statutory, punitive, and consequential damages for themselves and all class members. 

In December, a federal judge in New York granted final approval to a class action settlement agreed to by Toyota to resolve claims the automaker manufactured and sold vehicles with a fuel pump defect it allegedly failed to disclose or cover by warranty. 

Have you purchased and/or leased a model year 2019-2021 Toyota RAV4 vehicle? Let us know in the comments! 

The plaintiffs are represented by Rebecca A. Peterson of Lockridge Grindal Nauen P.L.L.P, Simon Bahne Paris and Patrick Howard of Saltz, Mongeluzzi, & Bendesky, P.C., Daniel E. Gustafson and Karla M. Gluek of Gustafson Gluek PLLC, E. Powell Miller and Dennis A. Lienhardt, Jr. of The Miller Law Firm, P.C., and Christopher D. Moon and Kevin O. Moon of Moon Law APC. 

The Toyota roof rails class action lawsuit is Fishkind, et al. v. Toyota Motor Sales U.S.A. Inc., et al., Case No. 2:23-cv-02279, in the U.S. District Court for the Central District of California.


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26 thoughts onToyota class action alleges some RAV4 vehicles have defective roof rails

  1. Michelle Atienza says:

    I have a 2109 Rav 4 Hybrid and had this roof rack fail and leak and the dealership did 40k of work without consulting me replacing the wiring harness and of course they didn’t advise of all the rust that is going on. Lots of additional issues and trying to get some sort of resolution as well. Not a safe car any longer!

  2. TARAH SAWITZKI says:

    I purchaced a brand new 2019 rav 4 adventure in 5/19 and i had a water mark in the headliner.
    never thought anything of it. then here we are 2024 and i went on vacation and left my car to get the vbrakes done by a friend and the friend is like your car smells very musty. never realized it till you’re not in for a while. so yes i contacted toyota and got the car in which water was then leaking in on the other side of the headliner now. and it was wet.
    so i get to toyota and they say you need to close your windows up and close the doors.
    the car is inhabitable . i say huh? he said it’s filled with mold i can smell it.
    so on 6/6/24 they have had my car since.
    they claim it’s covered because i luckily paid extra for the extended warranty.
    i asked how long this had been going on and they tell me 24,000 miles approximately.
    so my daughter just turned 3 and you mean to tell me she has been breathing this in since she was born.
    so i guess since i wasn’t in my car for a while i started to smell it.
    so wondering if i should peruse something here

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