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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
Will they be sending automatic Postcards notifications in the mail alerting registered owners and leases of the class action and provided with a number to file?
2017 Toyota camry le have odor like vingear and ac stopping off and on.. Toyota found nothing wrong and said I have to pay over 400 for blower..no way it hurt me cause cant work uber cause too hot
I purchased a 2014 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.
I have a 2007 toyota camry, it has a foul odor in the interior while the ac or heater is on.
I have a 2015 Corolla and it has a moldy smell coming from the air vents from time to time as well.
Ihave Toyota Corolla 2016 and I have the bad smell in the car I could make complain for that problem in the car
I purchased a 2017 Camry last year and I have noticed that smell also. How do I sign up for the Class Action Suit?
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. 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 just picked up a 2015 Camry SE with 24000 miles we’ve had it 2 months driven it 2000 Miles the AC backed up before we got it and there’s no way we could have known . The car was sprayed heavily with new car smell we didn’t notice it at first then the new car smell started to fade.We couldn’t figure out where the swamp smell was coming from. I finally investigated got my hands under the carpet under the front seats and it was like someone had a garden hose on in there and everything under the carpet is slimy dealer does not want to fix it they said if I paid $1,200 for new carpet they would install it they are trying to say there not responsible total BS ,bad design now I have to deal with it and someone in my family has asthma huge problem pulled the cabin filter and it was black with mold spores dealer tried to say it was normal .When you buy a manufacturer certified new used car evidently that means nothing
Have you had any luck with the class lawsuit, I’m asking because we’re in the same predicament
I notice it on a smell in my low mileage 2017 Camry, when I first turn the a/c on. My neighbor has a 2015 Camry with 10,500 miles on it, and the smell coming out of the vents with the a/c on is horrible! So I have this to look forward to…..I’d love to join this class action suit. I’ve been driving since 1970, and I know when something is wrong.
Excuse the need for editing…once posted, I could not go back and fix it.
I have a 2017 Camry and I have noticed that odor it has went away for now but it has been their Previously.