Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
On Nov. 4, a class action lawsuit was filed against Toyota over alleged defects in the heating, ventilation, and air conditioning (HVAC) system of its popular Camry model cars that potentially cause mold and foul odors.
Lead plaintiffs Alfred Salas and Gloria Ortega claim that Toyota has known about the defect in its HVAC system since 1997, but has not fixed the problem or notified consumers of the defect.
“Toyota knew about the HVAC Defect present in every [Toyota Camry], along with the attendant risks to health and safety, and concealed them from Plaintiffs and Class Members, at the time of sale, lease, and repair and thereafter,” the Toyota class action lawsuit alleges.
The Toyota Camry HVAC defect class action lawsuit seeks damages of more than $5 million for all purchasers of Toyota Camry models 2011 through the present. The class action lawsuit also asks Toyota to notify Camry owners of the HVAC defect, repair existing defects, and stop selling Camry vehicles that contain the defect.
Salas and Ortega claim that the defect in the Toyota Camry HVAC system is the evaporator. “As the cold refrigerant passes into the evaporator, it absorbs heat from the air in the passenger compartment and also collects moisture because of condensation on the evaporator’s surface,” they allege in the Toyota HVAC defect class action lawsuit. “This moisture, along with pollen, dead insects in the air, and bits of leaves that enter the HVAC system from the outside vents, leads to an environment favorable to the growth of mold and other contaminants.”
The Toyota Camry HVAC defect class action lawsuit details several examples that Toyota knew the defect existed. In 1997, Toyota reportedly issued a bulletin to dealerships warning them that a “musty smell” may develop from “[m]icrobial growth in the evaporator.”
In addition, the Toyota class action lawsuit cites a 2005 Camry repair manual that listed the “A/C system odors” as “a common complaint” and that there was “no permanent mechanical repair” for the problem. The class action lawsuit also cites numerous examples of consumer complaints about the odor from the HVAC system of Toyota Camry cars.
Salas and Ortega claim that they each purchased a Toyota Camry that developed a bad odor. The Toyota class action lawsuit states that both plaintiffs have taken their vehicles to Toyota dealerships in California, but they could not repair the issue and the “noxious, foul, and moldy odors” that persist in both vehicles.
The HVAC defect cannot be fixed by Toyota technicians, and therefore the defect “may require expensive and temporary repairs which do not address the issue, including repeated replacement of air filters or other related components, as well as repeated foam flushes or other related repairs,” the Toyota Camry HVAC defect class action lawsuit alleges.
Mold from the Toyota Camry HVAC defect can cause serious health concerns, according to the class action lawsuit. Citing the Centers for Disease Control and Prevention, the class action lawsuit states that “molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation” or worse reactions for people with allergies. Similarly, the class action lawsuit cites the World Health Organization, which has stated that exposure to mold can be “clinically associated with respiratory symptoms, allergies, asthma, and immunological reactions.”
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, U.S.A. Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.
UPDATE: On Feb. 25, 2016, Toyota filed a motion to dismiss a proposed class action lawsuit against the company, arguing that the plaintiffs in the case can’t demonstrate how their vehicle is worth less based on an alleged defect that promotes mold growth.
UPDATE 2: On Sept. 27, 2016, most of the claims in a Toyota Camry class action lawsuit alleging an air conditioning defect survived a motion for dismissal.
UPDATE 3: On Nov. 3, 2016, Toyota Motor Sales USA Inc. filed amotion to dismissan amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.UPDATE 4: On March 27, 2019, a federal judgecertified a Class of Toyota Camry ownerswho may have dealt with defective HVAC systems.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
67 thoughts onClass Action Alleges Toyota Camry HVAC System Emits Foul Odors
I have a 2012 Toyota Camry, how can I be included? It is so weird that this is mentioned because my daughter had complained of the odor but I did not think anything of it. I just thought it was probably the outside air ventilation coming through. But it does continue to exist. I just place deodorizers in the car.
My old Yaris had the same problem, took it in for repair and dealer acted like they couldnt detect any smell. My current RAV4 has same issue. Obviously issue is not limited to Camry.
I had a 2013 and 2015 Highlander both had that HVAC problem. The dealer tried manufactured remedies that did not work. (There is a Toyota service bulletin that acknowledges the problem and that there is no fix.) We traded the 2013 for the 2015 but ran into the same problem. Fortunately the dealer decided to take back the 2015. I have experienced this problem in our 2015 Honda Pilot but was able to fix it because the Pilot allows you to open the HVAC vent when you turn off the SUV. The Toyotas don’t have that feature. Even though you press the Open vent button,it automatically shuts the ventswhen the SUV is off. In my opinion, this prevents the Toyota HVAC system enough air circulation to prevent mold growth.
Does anyone know if Corollas have the same issue? My 2004 Corolla has a moldy smell coming from the A/C and it has for a couple of years now.
I bought a Camry about a month ago and my grandchild is currently sick with some sort of rash and complaints of her throat closing. Her pediatrician just prescribed an epi-pen. Any recourse?
My husband has a 2007 Camry and the HVAC system smells bad.
I had air filters changed by Toyoya to correct this problem, which did nothing to help the odor!!! Still there! 2007 Camry! The smell makes me ill! Yuck!!!
I have a 2011 Camry it has a terrible smell that I can’t get rid of. What can I do
I own a 2014 Camry and the smell is horrific when the AC is turned on!
I have a 2014 Camry. what do I do?
I have a 2014 Camry. What do I do?
I have a 2006 camry le. How can I be added to this suit.
Change your cabin filter
Does not fix the problem.