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According to a Toyota class action lawsuit filed last week, certain Camry vehicles contain a defective heating, ventilation and air conditioning (HVAC) system that causes foul, noxious and/or toxic odors to be emitted into the passenger compartments.
Plaintiffs Javier Cardenas and Kurt Kirton filed the Toyota class action lawsuit on behalf of themselves and a proposed Class of consumers who purchased or leased a 2012 to 2017 model year Toyota Camry and/or Toyota Camry Hybrid. They seek to represent a nationwide Class as well as Classes of purchasers and lessees of Camry vehicles in Florida and Tennessee.
According to the Toyota Camry class action lawsuit, these vehicles have a defective HVAC system that fails to remove all humidity and water, leading to the emission of foul odors into the passenger compartment when the HVAC system is in use.
Cardenas and Kirton claim that the Toyota Camry HVAC system defect exposes the putative Class to a “serious health and safety hazard” because the HVAC system allegedly emits mold and other contaminants into the vehicle.
Numerous complaints have been lodged about the Camry HVAC system defect to the National Highway Traffic Safety Administration, Toyota dealerships, distributors, and the Toyota defendants.
The Toyota defendants named in the Camry class action lawsuit include Toyota Motor Corporation, Toyota Motor Sales USA Inc., Toyota Motor Engineering & Manufacturing North America Inc., and Southeast Toyota Distributors LLC.
“No reasonable consumer expects to purchase or lease a vehicle with a HVAC System Defect that exposes them to foul, noxious, and/or toxic odors, mold, and other contaminants,” the Toyota Camry class action lawsuit says.
“Further, Plaintiffs and Class members do not reasonably expect Defendants to conceal a defect in the Class Vehicles or conceal a known health and safety hazard.”
The plaintiffs assert that they had no reasonable way to know that the Toyota Camry vehicles they purchased had defective HVAC systems that posed a risk to their safety and health. They claim that they and the other putative Class Members paid more for their vehicles than they would have if they had known about the Toyota Camry HVAC defect. According to the Toyota class action lawsuit, they also suffered damages such as out-of-pocket expenses, diminished value of their vehicles, and exposure to foul odors, mold and other contaminants.
Cardenas and Kirton claim that the defendants engaged in a conspiracy to conceal the Camry HVAC defect. The Toyota Camry class action lawsuit asserts claims for violations of the federal Racketeering Influenced and Corrupt Practices Organizations Act (RICO), fraud or fraudulent concealment, breach of the implied warranty of merchantability, violation of the Magnuson-Moss Warranty Act, violation of Florida’s Deceptive and Unfair Trade Practices Act, and violation of the Tennessee Consumer Protection Act.
The plaintiffs are represented by Peter Prieto, John Gravante III, Matthew Weinshall and Alissa Del Riego of Podhurst Orseck PA; Peter A. Muhic and Tyler S. Graden of Kessler Topaz Meltzer & Check LLP; and by Paul R. Kiesel and Jeffrey A. Konciusn of Kiesel Law LLP.
The Toyota Camry HVAC System Defect Class Action Lawsuit is Javier Cardenas, et al. v. Toyota Motor Corporation, et al., Case No. 1:18-cv-22798-FAM, in the U.S. District Court for the Southern District of Florida.
UPDATE: On Sept. 30, 2019, a federal judge determined that Toyota must face a class action lawsuit brought forward by customers who said that the company concealed defects in the cars’ ventilation systems.
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26 thoughts onToyota Camry Stinky AC & Heat Claims Lead to Class Action Lawsuit
Tengo un Toyota Camry 2020 en florida y tiene el mismo problema. Toyota me dijo que sabia que podia ser que descarados. ¿Cómo uno puede sumarse a esta demanda?
Rectifico: Toyota me dijo que no sabia que podia ser la causa del mal olor.
I’m actually having the same issue, and the smell coming out of the vents it’s horrible. In fact I am getting service done which is a “climate control air service “ coming out of my pocket because my protection plan won’t cover it and there’s no recall notice on this. I received the legal notice that Toyota is being sued. Hopefully this matters gets resolved.
I purchased a 2015 Toyota Camry and since the beginning, I noticed a foul odor whenever I turn the A/C. It smells from time to time and it’s a very foul odor. If the case is settled I would like to know how to join in filing in the class action suit.
We bought a 2012 Camry SE n had nothing but issues with the smell of a mildew odor having replaced the cabin filter many times n the smell remaining . Now hearing this we would never have think so of Toyota not making their consumers aware and fixing it
I bough a 2017 Toyota Camry an I haven’t made the first payment I’m surprised with the bad smell mildew coming out from the A/C vent I look if someone has the same problem an for my surprise there is a lot of buyers with the same situation! Why this issue haven’t be solved by the manufacture? Or have a recall to fix the problem. Never thought something like this Iwas going to deal with specially here in Florida where the humidity is very high.
I bough a 2017 Toyota Camry an I haven’t made the first payment I’m surprised with the bad mildew coming out from the A/C vent I look if someone has the same problem an for my surprise there is a lot of buyers with the same situation! Why this issue haven’t be solved by the manufacture? Or have a recall to fix the problem. Never thought something like this Iwas going to deal with specially here in Florida where the humidity is very high.
My 2016 Camry LE (VIN: 4T1BF1FK…) emits an odor of mold/mildew noticeable when DEFROST is in use, but I don’t detect it while using A/C, HEAT, or other HVAC system settings. I am glad I was made aware that my problem isn’t an isolated incident. Thank you, Top Class Actions, and thanks to all those that have contributed their grievances regarding this issue. I like Toyota, and I hope the company resolves this nuisance timely and satisfactorily.
I just recently purchased a 2014.5 year Camry and I have the same exact issue. The mold/mildew smell only occurs when using the front defrost but when putting on other settings it’s fine. So when my windows fog up I have to quickly switch to front and switch back. And even in that short time it’s a sickening smell. Toyota should be responsible for fixing this issue. Not really too sure what to do at this point…
I have a 2016 Toyota Camry that smells horrible when the heater, defrost, etc is turned on. It makes me nauseous. I have tried vent cleaner and changed air filter with no results. It continues to come back. I can even smell it on my clothing!
I have that issue with my 2009 Toyota Camry le. I thought it was just me.
I have a 2007 Camry and it smells bad. Real bad
I have a 2018 Camry with the same problem.