Toyota Class Action Alleging Smelly, Defective HVAC Systems Get Class Certification

Toyota Defective HVAC Class Action Lawsuit Overview:

• Who: A class of Toyota Camry owners suing the company for fraud has been certified in Florida.
• Why: The drivers allege that Toyota and Southeast Toyota Distributors sold Camrys with faulty HVAC systems and concealed the defect from consumers.
• Where: The class action lawsuit will move forward in Florida.

Drivers who are accusing Toyota and one of its distributors of conspiring to sell them defective cars whose HVAC systems emit foul smelling noxious fumes have had their class action lawsuit trimmed and certified.

U.S. District Judge Federico A. Moreno certified one class of drivers under the Florida Deceptive and Unfair Trade Practices Act who purchased a 2012-2014 non-hybrid Toyota Camry from an authorized Toyota dealer in the state. 

But Moreno struck down the Racketeer Influenced and Corrupt Organizations Act class, which includes plaintiffs across a number of southeastern states.

In his decision, Moreno said that even if defendants Toyota and Southeast Toyota Distributors made misrepresentations to authorized Toyota dealers about the source of the odor and the efficacy of the HVAC system, “it does not follow that these misrepresentations caused every purchaser from an authorized dealership to overpay for their vehicle.”

“Based on the evidence Plaintiff’s offer, it was only those people who already owned a class vehicle and brought it to a dealership complaining of odor who were the potential victims of a misrepresentation i.e., they were the only people told that the odor was normal,” he said in the class certification order

The class will now consist of around 91,000 Camry owners, rather than the original 205,000 car owners that made up the two classes.

Toyota Says It Stands Behind The Efficacy and Performance Of Its  HVAC Systems 

The class action lawsuit was first filed in 2018 by consumers alleging that Toyota and Southeast Toyota Distributors conspired to and did conceal a defect in the HVAC systems of some of its Camry vehicles in order to protect the brand, overcharge consumers and avoid buybacks under the Florida Lemon Laws. The drivers said the HVAC systems caused 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. 

A Toyota spokesperson told Law360 the company was pleased that the court agreed that there was “no legal or factual basis for a RICO claim against Toyota to proceed as a class action.”

“Toyota believes that plaintiffs do not have any credible evidence to support their remaining claim, and we will continue to defend against it. We stand behind the efficacy and performance of our HVAC systems, and plaintiffs’ own testing showed that operation of their HVAC systems improved the air quality in their vehicles,” the spokesperson told Law360.

Tell us if you’ve ever had any issues with your HVAC system in the comments section below!

The Camry owners are represented by Peter Prieto, John Gravante III, Matthew Weinshall and Alissa Del Riego of Podhurst Orseck PA; Joseph H. Meltzer, Melissa L. Troutner, Tyler S. Graden and Natalie Lesser of Kessler Topaz Meltzer & Check LLP; and Paul R. Kiesel, Jeffrey A. Koncius and Nicole Ramirez of Kiesel Law LLP.

The Toyota Defective HVAC 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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