Anne Bucher  |  July 20, 2016

Category: Consumer News

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Toyota Prius class action lawsuitToyota Motor Sales USA Inc. faces a class action lawsuit accusing the car maker of misrepresenting that the Toyota Prius Plug-In can operate for up to 13 miles on a full electric charge.

Plaintiff Richard Rosenbaum filed the Prius class action lawsuit last week in Michigan federal court. He says he purchased a Toyota Prius Plug-In vehicle in 2012 because he wanted to make his 12.07-mile trip from his home to his work without using the gasoline engine.

After he purchased the Toyota Prius, Rosenbaum discovered that he was only able to travel approximately 8 miles with a full electric charge, the Prius class action lawsuit alleges. This mileage was only possible during the summer months, according to Rosenbaum.

In May 2015, Rosenbaum reportedly took his Prius in for an inspection by Toyota to look into the lower-than-expected electric charge mileage. “After the ‘test’ was performed, Plaintiff began to experience a fully-charged electric mileage rate of 10.0 to which Plaintiff suspects alterations were made despite [Toyota’s] denial of the same,” the Prius class action lawsuit states.

According to the Prius class action lawsuit, Rosenbaum’s Prius does not operate in electric mode at all if the temperature is lower than 55 degrees Fahrenheit. If the temperature is lower than 55 degrees, the Prius will automatically operate the gas engine when the power is turned on.

Rosenbaum states that he is “unable to utilize the Prius Plug-In for its main purpose of fuel economy to run on an electric motor for the advertised and marketed mileage and for more than half of the calendar year in the state of Michigan due to the outdoor climate.”

He asserts that, in order to sell more vehicles, Toyota conducted a marketing campaign that touted the Prius as being able to operate for up to 13 miles on a full charge. According to the Prius class action lawsuit, Toyota included this representation on its website and in other marketing and advertising mediums. However, Toyota allegedly fails to mention the limitations of the Prius to operate in certain climates without using the gasoline engine.

By filing the Toyota class action lawsuit, Rosenbaum seeks to represent a Class of consumers who purchased the 2012 Toyota Prius Plug-In in reliance on the advertised electric mileage range and who drove their vehicles in temperatures below 55 degrees Fahrenheit.

The Toyota Prius class action lawsuit asserts claims for breach of contract, breach of express and implied warranties, and violation of the Michigan Consumer Protection Act.

Rosenbaum has asked the court to issue an order commanding Toyota to take corrective action to prevent the false advertising and marketing claims regarding the electric charge mileage of the Prius. In addition to this injunctive relief, he seeks a monetary judgment in excess of $75,000 as well as actual costs and attorneys’ fees.

Rosenbaum is represented by Jan Jeffrey Rubinstein of The Rubinstein Law Firm.

The Toyota Prius Electric Charge Class Action Lawsuit is Richard Rosenbaum v. Toyota Motor Sales USA Inc., Case No. 2:16-cv-12645, in the U.S. District Court for the Eastern District of Michigan, Detroit Division.

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2 thoughts onPrius Class Action Says Toyota Misrepresents Electric Charge Range

  1. Tim Tallarida says:

    The next class action lawsuit…2010 plus Pruis’ over-consumption of oil after approximately 90,000 miles. No fix other than rebuilding the engine.

    Please look into this as a potential class-action case.

  2. Jtom says:

    LOL. Do people not understand what the words ‘up to’ actually means? It means UNDER. They are actually saying that you will never get more than 12 miles on a charge. If you only get ten, then they are entirely correct.

    And if they don’t say what conditions that applies to….well, I got twelve miles using NO power coasting down the Grand Tetons in Wyoming! I’m sure under the right conditions that Prius could get twelve as well. One passager, weighing no more than a hundred pounds, carrying absolutely nothing else, with an empty gas tank, on a flat road, no heat/lights/AC/wipers/radio on, might get twelve miles on a charge.

    You can stick it to Prius for all types of deceptive advertising – a car using a gas engine six months out of the year is not exactly ‘green’, and omitting the temperature issue is deceptive, but face it. Prius buyers’ didn’t research the technology, and ended up with a toy car.

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