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Most of the claims in a class action lawsuit alleging an air conditioning defect causes foul odors in Toyota Camrys survived a motion for dismissal.
Lead plaintiffs Alfred Salas and Gloria Ortega alleged in their class action lawsuit that Toyota knew about defects in the HVAC (heating, ventilation and air conditioning) system in its Camry model vehicles, yet failed to fix the problem or notify consumers of the manufacturing defect.
The plaintiffs claim that moisture condensation of the vehicles’ evaporators combines with pollen, dead insects and bits of leaves, causing mold to form and emit “noxious and foul odors.”
They say the company has known about the defect since 1997, but despite attempts to fix it, has not been successful in finding a permanent solution. The plaintiffs also claim that Toyota has downplayed the safety risks alleged.
Toyota asked U.S. District Judge Fernando M. Olguin to dismiss the class action arguing that the plaintiffs had not shown that they suffered any monetary harm from the alleged defect.
Toyota argued that the plaintiffs failed to prove that the mold smell in the vehicles presented an unreasonable risk to safety, or that Toyota had a duty to disclose the alleged defect to consumers.
Judge Olguin disagreed with Toyota for the most part, finding that the Camry owners had established claims based on their warranties and economic damages.
“Plaintiffs allege they would not have purchased or would have paid less for their Camry vehicles had they known a noxious and foul odor would result from using the HVAC system,” Judge Olguin said. “Under the circumstances, the allegations are sufficient to allege an injury-in-fact.”
According to the order, several other claims remained, including claims for fraudulent omissions under California law.
Judge Olguin pointed out that the plaintiffs showed that Toyota knew about the defect according to several technical service bulletins.
According to the judge, the plaintiffs’ claim for breach of warranty will also proceed.
The judge noted that although noxious odors do not make a vehicle unusable, the merchantability of a vehicle depends on more than drivability.
Judge Olguin did trim several claims from the class action lawsuit, including the plaintiffs’ claim for unjust enrichment and one for violation of the Unfair Competition Law.
However, the judge noted that the restitution sought by the unjust enrichment claims could be included in the implied warranty claims that were not dismissed.
The plaintiffs’ claims under California’s Consumers Legal Remedies Act (“CLRA”) were dismissed by the judge as well, including those for restitution, injunctive relief, or any other equitable remedy.
The judge pointed out that those allegations could also fall under the remaining claims that were not trimmed from the class action lawsuit.
Salas and Ortega, are represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, and Cody R. Padgett of Capstone Law APC.
The Toyota Camry HVAC Defect Class Action Lawsuit is Alfred Salas, et al. v. Toyota Motor Sales USA Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.
UPDATE: On Nov. 3, 2016, Toyota Motor Sales USA Inc. filed a motion to dismiss an amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.
UPDATE 2: On March 27, 2019, a federal judge certified a Class of Toyota Camry owners who may have dealt with defective HVAC systems.
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10 thoughts onToyota Camry HVAC Defect Class Action Survives Dismissal
I own a 2015 Camry. I would not have made this purchase had I known about the moldy disgusting smell coming into the cabin of my car. I have used vent clips but they are really strong scented and that doesn’t work. I even put one in my trunk and still too strong. So we still have the hvac smell.
I received the card in the mail regarding this but haven’t been able to get any information.
I have a 2007 camry, a foul odor when a/c is on or off. I must have windows down. I have checked the cabin filter and it has been replaced since I bought it 2 years ago and still the foul odor persists!!
I have a 2015 Prius with same problem. Mold was found in my radiator core, have to keep DampRid in car it accumulates so much liquid. I’m so afraid it’s being absorbed in cloth upholstery. I have mold allergies, eye infections, and migraines. Toyota says it’s an environmental issue and not covered under warranty, however, I can buy a mold kit for $130 to mask the odor for a day or two. Toyota will not admit wrong doing in their HVAC system. This car is going to kill me. Bluetooth does not work, therefore, no Entune system. Toyota has problems and are continuing to sell these cars. HELP!
Same thing. My camry has had a musty smell almost from dsy one of buying it. I have breathing problems. Could this be the reason. I feel spaced out sometimes. Could it be the car?
UPDATE: On Nov. 3, 2016, Toyota Motor Sales USA Inc. filed a motion to dismiss an amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.
I have a camry it does have a smell when u turn the air on so what are they going to do about it
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I have a Camry and a tundra and both have that smell.
The AC smell from my Camry is so horrible that sometimes I can’t breath, I feel like my nose and lungs are burning.
So I have to roll down the windows even when air is off.
I own a Camry and the bad odor wasn’t the only defect the car had and just didn’t run my air conditioner. I had an accident in minds and my kids and I almost lost our life. I thank god everyday so I got another car and the next time I buy a car I’ll do more research because the Camry I bought had been in and accident before it was sold to me and the only reason I’ll buy another Toyota it will be check out by me
I own a Camry and if I had known about the issue with my air conditioner I would not have bought this car. The service department told me it was “normal”. If I could, I would get another car. I will never buy another Camry.