Lexus Class Action Says Cold Weather Package Misleads Drivers

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A woman from New Jersey filed a class action lawsuit against Lexus, claiming neither her vehicle nor any other like it sold in the U.S. included the heated steering wheel it was supposed to have.

Plaintiff Ellen Wertheim says she leased a brand new 2015 Lexus GS 350 in June 2015. She says she paid $190 extra for a cold weather option package, which she was led to understand would include a heated steering wheel.

Wertheim says that promotional materials produced by Lexus and made available to her and all members of the proposed Class gave her reason to expect a heated steering wheel would be included in the Lexus cold weather package.

A promotional brochure titled “15-GS” shows photographs and text descriptions of the Lexus GS 350, which Wertheim says retails for $50,000. It also lists the options included in the various available packages. One of the options listed under the “Cold Weather Package” header is a heated steering wheel, according to Wertheim.

Wertheim says the same information in the brochure was also made available on the Lexus website. Information about the GS 350 on other websites like Motortrend.com and Edmunds.com also mentioned the heated steering wheel would be included in the Lexus cold weather package, she says.

Furthermore, Wertheim says she also came to expect a heated steering wheel from prior experience. She says she has leased a Lexus vehicle before, and when she did, she paid for and received a heated steering wheel as part of a Lexus cold weather package.

Despite all the assurances of a heated steering wheel being included in the Lexus cold weather package, Wertheim says, not a single 2015 Lexus GS 350 sold in the United States contained a heated steering wheel.

Wertheim says the heated steering wheel was a deal-breaker. Had she known the Lexus cold weather package would not include a heated steering wheel, she says, she would not have paid the extra $190 for the package.

Wertheim now argues that Toyota Motor Sales USA, the California-based company behind the Lexus brand, violated several provisions of the New Jersey Consumer Fraud Act. She believes the defendant made “material affirmative representations” by leading consumers to think they would receive a heated steering wheel with the Lexus cold weather package. She says the defendant’s actions amount to an “unconscionable commercial practice” that violates New Jersey consumer protection law.

If certified, the proposed plaintiff Class would include all New Jersey citizens who bought or leased a 2015 Lexus GS 350 and paid extra for the Lexus cold weather package.

Wertheim is seeking a court order certifying the Class, appointing her as class representative, and appointing her attorneys as class counsel. She also seeks an award for herself and Class Members consisting of treble damages for violation of the New Jersey Consumer Fraud Act, plus attorneys’ fees, court costs, and interest.

Plaintiff’s counsel is Jeffrey W. Herrmann of Cohn Lifland Pearlman Herrmann & Knopf LLP.

The Lexus Cold Weather Package Class Action Lawsuit is Wertheim v. Toyota Motor Sales USA Inc. d/b/a Lexus, Case No. 2:16-CV-02370, in the U.S. District Court for the District of New Jersey.