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A California couple has filed a class action lawsuit against Toyota, saying 2017 and newer Highlander and Sienna models have a defective transmission.
Dennis and Deborah Murphy say they purchased their 2018 Highlander XL believing it to be safe and reliable. After their purchase, however, they claim they were unhappy to discover that the vehicle possessed a dangerous defect in its transmission.
Just a week after they bought the vehicle, it reportedly started to surge while being driven, putting them at risk for a crash. In their Toyota class action lawsuit, Toyota was aware of the problems with the transmission in Highlander and Sienna vehicles, but concealed the problems from customers. According to the Murphys, Toyota put its own profits ahead of the safety and financial health of drivers.
In an effort to deal with the problem, the Murphys say they took their vehicle to be repaired just one month after they bought it. They explained the problem at a Toyota dealership in Florida outlining the pattern of hesitation and surging they experienced while driving the vehicle.
The Toyota transmission problem class action lawsuit states the dealership ran a diagnostic test showing that the vehicle suffered no abnormalities and was working normally, in contrast to the Murphys’ experience.
A mere four months later, in January 2019, the Murphys were back at the dealership, saying that the problem persisted, according to their complaint. The dealership then supposedly ran another diagnostic test, which also revealed no issues.
On April 3, 2019, Dennis Murphy returned to the dealership for a third time, and again was told there were no problems with the vehicle.
However, during the April visit, a senior technical service advisor allegedly told Murphy the problems he was describing were common to Highlanders and other models.
The plaintiffs state that the service adviser told him both Toyota and dealers were well aware of the problem.
After even more problems, Murphy again returned to the dealership on May 29, 2019, to tell the dealer he was still experiencing the same problem. He says that at that time, he requested that his vehicle be repaired or bought back by the manufacturer.
The dealer did not perform any repair services, according to the Toyota class action lawsuit, but instead scheduled an inspection by a Toyota representative.
Allegedly, the inspector told Murphy he “found it to perform like a known good vehicle” and did “not exhibit any warrantable concern.”
Despite this allegedly clean bill of health given to the vehicle, the Toyota operations manager who inspected the vehicle did explain that “today’s vehicles … are driven by a wire which means they do not have a throttle cable so they may exhibit very slight lag due to ECM processing,” the lawsuit says.
He allegedly noted that the system may not meet a customer’s desired performance, but “a little extra pressure on the gas pedal improves responsiveness and customer satisfaction can usually be obtained.”
Then, on Oct. 11, 2019, the plaintiff took the vehicle to a different Toyota dealer, told them of the persisting problem, and received a different answer. He says he was told that the problems were caused by failure on transaxle assembly, so he replaced the transaxle assembly and associated parts.
The Murphys recount that this repair did not fix the problem, and instead made it worse. They say the original problem and the repair made the vehicle unsafe to drive.
Toyota touted the Direct Shift-8AT transmission at issue in the Murphys’ claims as a new and improved transmission that would allow the accelerator to be operated smoothly and quickly, creating an “‘as desired’ direct driving feel,” according to the Toyota class action lawsuit. However, the Murphys say the transmission does not perform this way, asserting that the reality is inconsistent with Toyota’s advertisements.
According to the Toyota Highlander transmission defect class action lawsuit, Toyota is aware of the problem but has not taken sufficient steps to repair it. Though it hasn’t always made legal news, the Murphys note that many consumers have taken issue with the problem and stress that the company did or should have conducted testing on the functionality of the vehicle that should have revealed the problems with it.
Have you had transmission problems with your Toyota? How did you handle it? Share your experiences in the comments below.
The Murphys are represented by Steven R. Weinmann, Tarek H. Zohdy, Cody R. Padgett and Trisha K. Monesi of Capstone Law APC; Russell D. Paul and Amey J. Park of Berger Montague; Lionel Z. Glancy, Mark L. Godino and Danielle L. Godino of Glancy Prongay & Murray LLP; and Mark S. Greenstone of Greenstone Law PC.
The Toyota Highlander, Sienna Transmission Defect Class Action Lawsuit is Dennis and Deborah Murphy v. Toyota Motor Sales USA Inc., et al., Case No. 2:20-cv-05892, in the U.S. District Court for the Central District of California.
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67 thoughts onToyota Class Action Lawsuit Alleges Transmission Defect
I’m sure glad I’m now retired now as Service Manager at Toyota Dealerships. Way too many loose nuts behind the wheel is the problem. Just too many stupid customers. And attorneys looking for a pay day
You have a lot of nerve to call us “stupid customers” My Toy Rav4 is 7 years old with 40,345 miles on it. I started having problems with hesitation upon acceleration and dragging. I paid 47,000.00 dollars for a piece of junk
I also am a retired 25 year Toyota Service manager and have personally experienced this transmission slipping & jerking on my 2019 Sienna with 80,000 miles. At first when veh was new, I was told that’s just how the 8 speed trans work, until now. The van is currently at the dealer because it won’t even pull itself. calling people stupid just shows how out of touch and ignorant you really are. The real problem is Toyota is unwilling to accept the facts and true customer feedback to fix the problem before someone is killed.
I own a Sienna Van and would like to be added to lawsuit.
HOW DO YOU MAKE A COMMENT
We own a 2019 Highlander, had it now for 7 months and have similar transmission problem. Dealer says the transmission does that to save gas and idles when stop at a light or stop sign. We have low milage, under 9,000 miles.
Hello,
I have a 2019 XLT Highlander purchased 8/2019 in which I have recently been experiencing hesitation and then I take my foot off pedal to press gas again to get a surge of power. Took it to a Toyota dealer and they said initially it was performing perfectly and 2nd time I was told Toyota is aware of the problem and isn’t sure how they plan to resolve it yet. It doesn’t happen all the time but when it does it’s a bit frightening because I’m usually on the interstate and need to go. I haven’t quite had it for a year as noted above. However, about 5-6 post purchase is about when I experienced the issues and wasn’t sure what was going on and told service person.
I own a Sienna Van and would like to be added to lawsuit.
I have a 2019 highlander and experienced this once or twice but did not know what it was and or that it could be a problem. I’ve only had it for 11 mo.
I have a Toyota 4Runner and we have had it surge and also when we use cruise control it will drop out of cruise and it happens at different times on the same road. We have not taken it to the dealership for either problem .
This issue is related to the eight speed automatic transmission. The 4Runner uses a different transmission. If the vehicle speed sensor (VSS) gets a faulty report, cruise will disengage.
I owned a 2020 CHR that I bought used with 30,000 miles on it. At 60,000 the transmission started making a whirring noise, took it to the dealer, spent hundreds changing the transmission oil and engine oil but that didn’t make the noise go away. Had to pay for a diagnosis the following week for the noise. Dealer came back to say I needed a new transmission at $9000 dollars! Toyota is an unethical company through and through. This should absolutely be recalled. My car was meticulously maintained and I have all the records to prove it. Please add me to your list.
Toyota has done this in the past before, they hide car issues and problems and let their customers deal with the mess.
I have the same problem I have a 2019 highlander
I have a 2017 HiGHLANDER XLE. The car hesitates and serges randomly because of a transmission defect. The dealer said it is normal for that car. Speaking to another Highlander owner said his dealer updated the software and corrected the problem. The transmission runs smoothly after the software upgrade. All dealers should be aware of this fix.
Toyota supplies every dealer via a tech bulletin on any software update. However they have not yet made a software update for loose but behind the wheel even though they have been working on it for 30⁰ yrs. you can fi0x stupid
NO DARYL, OUR COMPLAINTS ARE NOT STUPID AND WE ARE NOT LOOSE NUTS ON THE WHEEL.
TOYOTA HAS PRODUCED A LEMON OF A TRANSMISSION WHICH INCLUDES MANY LEXUS AND TOYOTA MODELS.
MY THOUGHT IS THE TRANSMISSION WAS TO HELP MAKE THE CAFE STANDARDS
I FURTHER QUESTION IF TOYOTA IS STILL HIDING MORE DEFECTIVE FUEL PUMPS PROBLEMS THAN THEY CLAIM.
THE THROTTLE RESPONSE IS VERY REAL AND IN MY CASE INTERMITTENT.
PEOPLE HAVE BOUGHT TOYOTA AND LEXUS PRODUCTS BECAUSE OT ITS PAST REPUTATION OF RELIABILITY.
WHAT YOU HAVE CALLED THE COMPLAINERS IS VERY INSULTING AND SHOULD MAKE YOUR DEALERSHIP VERY PROUD.
HEY OUT THERE ANYBODY REMBER DARYL?
How do we join the class action lawsuit. I have a 2019 Highlander with the same issues. Dealer will replace my transmission but then I no longer have my 60k power train warranty. It will be voided.
Daryl’s a douche!
I have a 2019 Highlander in which I have recently been experiencing hesitation and then other times a surge of power. Took it to a Toyota dealer and they said it was performing perfectly. It doesn’t happen all the time but when it does it’s a bit frightening. I haven’t quite had it for a year yet but I experienced the issues after I’d say 4 months and just wasn’t sure what I was experiencing.
If it doesn’t happen all the time then it’s not a defect. What’s wrong here it is something unfamiliar to customers that have never experienced anything like this sold the lose nuts behind the wheel think they’re smarter than Engineers and Toyota… Which is stupid. Because a customer says it’s wrong doesn’t make it true
I OWNED A 2019 HIGHLANDER WITH THE SAME COMPLAINTS OF THROTTLE RESPONSE. 3 DOCUMENTED VISITS TO THE DEALER WITH NO RELIEF FIXING IT,
WE COMPLAINERS ARE NOT LOOSE NUTS. THE ERRATIC BEHAVIOR OF THIS TRANSMISSION IS DANGEROUS. TRYING TO ACCELERATE WITH THE LDA ON, IT ALMOST PUT ME IN ANOTHER LANE. AFTER MAKING A LEGAL U TURN IN FLORIDA TRING TO ACCELERATE THE CAR SPUN THE TIRES (SCREECHING).
OTHER TIMES I FAILED TO KEEP UP WITH TRAFFIC FROM A TRAFFIC LIGHT.
I GUESS I CAN SAY I AM LUCKY IT DIDN’T STALL OR DI I HAVE AN ACCIDENT.
I RATE THAT TRANSMISSION AS THE GIFT THAT KEEPS ON GIVING WITH NEW SURPRISES EVERY TIME I DROVE IT.
THE 8 SPEED TRANSMISSION IS VERY POORLY DESIGNED IN MY OPINION. MY HIGHLANDER ONLY HAD 41 COMPUTERS SO WHAT COULD GO WRONG?
THE NHTSA IS FULL OF COMPLAINTS AGAINST THIS TRANSMISSION IN MANY TOYOTA AND LEXUS MODELS AND THE FEDS ARE SITTING ON THEIR HANDS. WHY?
AT A LITTLE OVER 9,000 MILES I GAVE UP, TOOK A BATH AND TRADED FOR ANOTHER CAR.
EVEN THOUGH I NO LONGER OWN IT, IF POSSIBLE COUNT ME IN ON ANY CLASS ACTION. I AM VERY BITTER
I had a 2004 Toyota Highlander. I sold it because of the numerous repairs.