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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
The Transmission on my 2018 Toyota Highlander froze up three months ago at 100,009 miles. Le Mieux Toyota in Green Bay, Wisconsin told me they were unaware of any problems that Toyota was having with there transmissions. It cost me over $8,000 to have it replaced.
Please add me to your lawsuit!
I have a 2018 Toyota CHR. I just got the vehicle two years ago. I have always had it maintained regularly. I have had no warning signs of any issues. I was driving it last Saturday and it started acting sluggish. I was at my boyfriend’s parent’s house and his dad has a code reader. My car was throwing a transmission code. We towed it to the Toyota dealership and they said that the transmission was out and needs a new transmission. This problem came out of no where and has put me in a financial bind. I don’t have the means to fix the transmission and have no means to purchase another vehicle. I have a very limited budget and need to find a way to work and back home. I have worked really hard to have a nice vehicle that is reliable and I am very disappointed in Toyota. Not to mention the stress this situation is causing me at this time.
Hi – I have a 2018 Highlander. Had new brakes put on a few weeks ago & then the car started making a humming noise. Took to my local dealer. Yep, you guessed it, need a new transmission. The car has $105k miles. Warranty expired at $100k. I have a call into Premier warranty & a case open with Toyota. This car has had problems since we bought it. We planned on driving it another 5 years (since Toyota has the long lasting reputation). I am sick about it. Dealer quoted $7900. This is absurd. I had a 2004 Acura MDX we drove for 13 years & 250k miles & it had a perfect transmission. Anyone have luck with Toyota corporate or the lawsuit?
I purchased a 2018 Toyota Sienna XLE Premium on 10/31/21. I am experiencing the exact same issues as the California couple. The vehicle is a great at highway speeds but in town at slower speeds it’s downright dangerous. The issues are so frequent the I have altered my driving habits to accommodate the less than functional vehicle. The 8A transmission has a standard “drive” setting which virtually always will exhibit the issues. However, if I push the shift handle to the left…to put into the “I shift it” mode the issues have never happened. Once I have entered traffic and up to speed I move the shifter back to the right – or normal driving position.
I came across this site while searching the issues to see if anyone else were having them. Very surprised to find that there are so many. We have been a Toyota family for over 30 years and never had any unusual problems. How they handle this situation will determine our future with them. Love the Sienna, but if they can’t / won’t repair the issue I’ll have to dump it.
Yup exactly! Same exact here. 2017 Toyota Highlander. 100k miles and transmission went out without any other issues $5800. This should be a recall as so many have had this issue.
I bought Toyota for a reason and to have this happen and nothing done is not what I expected from them.
I have a 2019 Toyota Rav4. When inspecting the advertisement for the Rav4, it looks like a solid car. The 2019 Toyota Rav4 is not what Toyota said about it. I’m saying that because my 2019 Toyota Rav4 transmission failed. I need $5000 to fix it. I’m pretty disappointed with my investment. I want to sue Toyota for false information about their product.
Same problem with my 2018 Sienna. If you slow down to turn a corner and then accelerate the transmission does not know what gear to shift into for a couple of seconds. It either surges or does nothing.
My 2019 Lexus RX with 22k miles on it is in shop now getting a new transmission!! I can’t believe this had happened to us! My lady Lexus had 175k miles and never had a problem!! I’m thinking I may need to sell and buy another car.
I have a 2004 Toyota sienna put a new engine in it and immediately after that my transmission started surging I have not been able to drive it and almost ran me off the road I don’t believe it’s just a newer siennas I think it’s the older ones as well my both my Cadillac converters keep cracking I have bought four of them and this was before the transmission problem I just can’t keep soaking money into it and it’s a shame is there a possible way that I could get in this lawsuit with a tour? It is the XL limited it’s fully loaded thank you
2019 Camry with CVT transmission. Was informed yesterday that it needs replaced. 9600.00.
Your more than welcome to contact me. I’ve owned 5 toyotas, and still have 3. My 12 Camry with 200k no issues at all, my 2014 Sienna no issues at all, my 2019 needs a new transmission. The only thing that has changed in those model years is the transmission.. not hard to figure out the issue
My transmission went out on my 2019 Lexus RX. 22k miles!! In shop now getting new transmission.
2016 toyota corolla 102,000 miles. CvT quoted replacement price 9,500$. Repair is not an option. Sick.
2017 Highlander XLE with just over 70k miles. We had this same situation this past weekend. The dealer in Bastrop TX informed us it was a failed transmission and quoted us $9800! This is unacceptable from Toyota and now we’re left scrambling after the warranty is now void. Feel free to contact me about our experience.
Jose
jpezusaf@yahoo.com
ON OCTOBER 13, 2021, MY 2019 HIGHLANDER /HYBRID CAR FAILED TO SHIFT FROM PARK INTO DRIVE. I ATTEMPTED 2 TIMES BUT IT WOULD NOT SHIFT FROM PARK INTO DRIVE. I TURNED OFF THE ENGINE, RESTARTED THE CAR AND IT WENT INTO DRIVE. I DID NOT USE THE CAR AGAIN FOR TWO DAYS. I DID NOT ASSOCIATE THE SITUATION WITH ANY SERIOUS ISSUE JUST AN ODDITY AT THE TIME. TWO DAYS LATER I STOPPED AT A FRIENDS, PARKED THE CAR AND LEFT IT RUNNING. ON RETURNING TO MY VEHICLE I REALIZED THAT I HAD FORGOTTEN SOMETHING AND NEEDED TO RETURN INSIDE THE HOUSE. I DECIDED TO TURN OFF THE CAR, REACHED IN AND PRESSED THE STARTER. THE ENGINE STOPPED. AS I STEPPED TO THE SIDE I NOTICED THE CAR MOVING EVER SO SLOWLY BACKWARDS. I IMMEDIATELY TURNED TO ADDRESS THE ISSUE WHEN THE OPEN DOOR HIT ME AND THREW ME BACK ONTO THE GROUND. THE DOOR PASSED OVERHEAD AND THE FRONT DRIVERS SIDE WHEEL RAN OVER MY LEFT FOOT, HAND AND PROCEEDED BACKWARDS WHERE IT CAME AGAIN IN CONTACT WITH MY ARM JUST BELOW THE ELBOW. THANKFULLY IT ROLLED STRAIGHT. IT CONTINUED BACKWARDS WHERE IT DID A 180 TURN AROUND AND PROCEEDED ACROSS THE ROAD AND OVER A SMALL BANK. WHEN THE ENGINE TIRNED OFF THERE WAS NO INDICATION/OR WARNING THAT IS USUALLY SOUNDED WHEN YOU ATTEMPT SHUT OFF THE CAR WHEN IT IS NOT IN GEAR/PARK. I SUFFERED A FRACTURE IN MT RIGHT ANKLE, BROKEN FINGERS AND A FRACTURE IN MY UPPER ARM. SURGERY NEEDED AND 2 SCREWS TO FIX THE BONE AND TIME FOR HEALING ON THE OTHER INJURIES. I OWN A HOME FURNISHINGS/GIFT STORE AND HAVE BEEN CHALLENGED SINCE 10/15/21 IN IT’S OPERATION. ONLY BY THE GRACE OF GOD I AM NOT DEAD. I CONTACTED A LAWYER REGARDING THE ISSUE BUT LIKE SO MANY OF YOU TOYOTA WILL GIVE A RUNAROUND ON THE SITUATION. I AM NOT DONE YET BUT DONT FEEL SECURE WITH THE SITUATION. I WAS ADVISED TO BRING MY ISSUE TO LAWYERS IN BOSTON OR NY. A CORPORATION LIKE TOYOTA, I’M SURE, HAS MANY LAWYERS ON THEIR PAYROLL WHO WILL BRUSH OFF PEOPLE LIKE US..EVERY DAY WORKING AMERICANS. LIKE I SAID, IM LOOKING AT MY OPTIONS!!
Is there any updates on this lawsuit. I have 2018 Toyota CHR having the same issue with failed transmission and Toyota won’t help any. My CHR starting failiing at 42,000 miles and was told there was no problems, now Im at 65,000 miles and out of warranty and they are saying I need a new transmission. $8200.00. I was also informed that Toyota knows about the problem but doesn’t want to issue a recall.
I too have a 2018 toyota chr, I had to get a new transmission April of 2020, but went from October 2018 telling toyota when i get my service regularly, that i started hearing a weird croaking noise but it wouldn’t last long. 3 different toyota service depts i went too not one would look at the noise or try to figure it out unless i paid first!! I had the extended warranty and was still told i wasn’t going to be helped until i paid for it first.. So i finally went to a different Toyota and they took it right away, but at that point it was such a loud terrifying noise, and i lost gas mileage and several other issues. I stopped making payments on my chr because of it. And I’m in my right, the gentleman that helped me at the last toyota told me i was sold a lemon from the dealership.
I have a 2018 ch-r as well and I’ve been hearing the worst humming noise coming from the car more so when I accelerate to higher speeds and when I come to a stop and I brought it to a local mechanic and he said have Toyota take a look at it but he thinks it’s something to do with the transmission and if that’s the case I cannot afford to buy another one I still owe $20,000 on my Toyota and it’s only got 55,000 miles even though I bought it from a used dealership I’m hoping that the transmission is still covered under warranty up to 60,000 miles. But I think I was sold a lemon too which is terrible becsuse it was my very first purchase of a car and it was very expensive to be sold a lemon and I love my baby girl elsa lol that’s what I named her
i had to replace my transmission on my 2018 Toyota CHR as well, with only 53000 miles just 3000 miles after the warranty expired, and they did NOT wanted to fix it