Top Class Actions  |  April 2, 2014

Category: Consumer News

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ToyotaA group of plaintiffs from five different states have filed a Toyota oil defect class action lawsuit, alleging that a defect in the design of pistons in a four-cylinder engine used in many of the company’s vehicles as well as its Scion subsidiary led to excessive oil consumption and the potential for serious accidents.

According to the class action lawsuit, the 2AZ-FE engines have been known to have oil consumption issues that Toyota was aware of since at least 2008. However, the alleged design defect does not generally occur until after the warranty period for new car buyers and so Toyota has repeatedly refused to repair the vehicles except at the owner’s expense. Owners of the following vehicles in California, Florida, New Jersey, New York and Washington would be members of the class:

2007-2011 Toyota Camry Hybrid;
2007-2009 Toyota Camry;
2009 Toyota Corolla;
2009 Toyota Matrix;
2006-2008 Toyota RAV4;
2007-2008 Toyota Solara;
2007-2009 Scion tC;
and 2008-2009 Scion xB

The problem reportedly manifests itself when owners take their vehicles in for scheduled maintenance including having the oil changed, according to the class action lawsuit. Several of the plaintiffs have alleged that the amount of fluid in the oilpan dropped to nearly nothing over the course of the roughly 5,000 miles between expected maintenance. One alleges that a local service center employee told her “that it was abnormal for a vehicle to be consuming oil at a rate that would deplete the entirety of her oil shorter than Toyota’s recommended maintenance intervals.”

More disturbingly, according to some of the plaintiffs, is when the oil consumption issues lead to no lubrication before a driver realizes it. Some noted that the engine was “making a knocking noise” which can be an indicator of impending failure. A major component of design defect-based class action lawsuits is the impact of the failure on an owner’s safety as well as those of its occupants. The plaintiffs’ class action lawsuit lawyers argue that because an engine failure can lead to serious accidents, it puts too many people at risk.

However, while there were more than a dozen reports to the National Highway Traffic Safety Administration regarding the Toyota engine oil consumption issues, the auto maker never directly notified owners. Instead, it issued an internal service bulletin outlining a process where by owners would have to subject their vehicle to several oil consumption tests. If that demonstrated that the pistons were malfunctioning, and the car was under warranty, then the dealership would perform the repairs. Otherwise, the quoted price was several thousand dollars, according to the class action lawsuit.

The group of Toyota and Scion vehicle owners are seeking damages based on the decreased value of their vehicles. The class action lawsuit alleges violations of consumer protection statutes in the five states, breach of express warranty and common law fraud.

The plaintiffs are represented by class action lawsuit lawyers Jae J. Kim and Richard D. McCune, Jr. of McCune Wright LLP

The Toyota Oil Consumption Defect Class Action Lawsuit is April Lax, et al. v. Toyota Motor Corporation, et al., Case No. 14-cv-01490, in the U.S. District Court for the Northern District of California.

UPDATE: The Toyota Oil Consumption class action lawsuit was voluntarily dismissed on December 16, 2015.

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286 thoughts onToyota Hit with Class Action Lawsuit over Oil Consumption Defect

  1. Basharat says:

    I have a 2007 Toyota camry, and its almost to the point whereby I have to put in 5 quarts of oil every 3 weeks. I don’t have the money to buy another new car, and I expected this car would have lasted me along time. I purchased this car as a certified vehicle from a toyota dealership in Chicago, and around 55000 miles latter I have been pouring money into the car by putting oil into every few weeks. Toyota dealership considers this normal, what a joke ! I really want to find out how I can join this law suit. If anyone knows, please let me know.

  2. joe inzauro says:

    my 09′ camry le 4 cyl is also one of the many using oil excessively. i’m in Nebraska. I would like to join the lawsuite as well. I don’t care if someone pays $10,000 or $100,000 for a car, a motor put together correctly should not use this much oil! something needs to be done about this problem soon.

    1. Erma says:

      I would like to be added to this class action law suit. I have a 2008 Toyota Camry Le, and was told that it never loses it’s resale value, well, I believe it has now! I haven’t liked my vehicle since I purchased it, for other reason I won’t go into at this time. I started having oil pressure trouble BEFORE 65,000 miles. The Toyota dealers are refusing to pay for the entire repairs,they say it is beyond my warranty of 60,000 miles. They have a record of an oil change that shows a problem @ 65,000 mi., before my trip to Fla., but they are playing semantics. They would rather risk losing customers than do the repairs, what does that tell you about Toyota. I have also read that this problem can cause fires! Toyota is NOT ALL WHAT THEY CLAIM TO BE!! BUY AMERICAN CARS!!!!!

  3. Lauren says:

    My car does the sane thing, I’m I’m Houston how can I join the lawsuit as well

    1. Natasha says:

      I live in Houston TX as well. I nearly wrecked on the freeway, I was scared for my safety and of my passenger when my 2007 Toyota camera’s engine seized up due to the engine not being adequately lubricated. I was on my way to the dealership to for my regularly scheduled oil change which is scheduled at earlier intervals each time. They purposely knew what was going on. I could have died. I had to replace the entire engine $3000 in repairs. Can I be apart of this lawsuit??

  4. Galina says:

    I live in Illinois. Can I join the lawsuit?

    1. Carl Y says:

      If you wish to join the class action lawsuit please call Jack Boren at 909-556-1256 of McCune Wright LLP CA. Please join us

      1. Matt Nienaber says:

        That # didn’t work?

      2. Mariah French says:

        I have a 2007 scion tc a week ago I was driving to work the oil light started flashing and out of no where the engine started knocking and shut off. Since this has happened I have been able to start my scion but it is knocking. I have always paid close attention to my vehicles and I have had to add oil on a regular basis. I’ve had a mechanic look at the engine before and he couldn’t figure out where the oil was going. Now my engine is knocking and I want it replaced.

      3. Erica Hawkins says:

        I need to join this lawsuit. $4800 for engine replacement in a Scion tC 2008 we purchased used less than a year ago. My child was driving it…he takes immaculate care of it. Regular oil changes. No warning lights, nothing…threw a piston through the front of the engine.

      4. SARAH GREENE says:

        I purchased my pre-owned 2008 Camry a year ago 2015-March, I hadn’t had a descent car in ten years being a single Mom. I had it for 4 months, and paid it off. Took it to all the required services and noticed it was using oil. Not until my last service was I informed I would have to have my engine re-built. I purchased it from a I thought a big reputable dealer. My credit was less than perfect, so I was a sitting duck for a lemon. My car now has to have 3 to 4 qts. of oil every 1200 miles. I am waiting on BACK ORDERED PARTS before they will rebuild an engine, that I had no idea had an issue. I just found this out today by Googling, and TA-Da! So what can I do? I put in a call to the Manager ( a friend I worked with, in the car business) from the dealership I bought my car from. I waited 10 years for a PEACH OF A CAR..I GOT A LEMON!

        1. SARAH GREENE says:

          My Lemon only had 80k on it when I bought it, I should have known..too good to be true…they HAD TO KNOW!!!!!!!! SHAME ON THEM!

        2. Lee Wilson says:

          Call Toyota Corporate Office. They gave me a replacement by going through them till the parts come in. Mine just came in and i waited 13 months.

          1. Elsa says:

            What type of car do you have? I have a 09 Scion tC trd 114k miles (bought with 30k). Just started making a ticking sound.
            Do you have the number you called? Thank you

      5. donna says:

        I have my toyota camry 2007 maintenance done regurlary. six weeks ago I had the oil changed. so one day my car is overheating and there is no oil or coolant in car. It drives, but will not go after you come to stop. parked car. tried to start. it would not. mechanic says my engine is blown. I think it is oil consumption problem. toyota sent letters stating oil consumption issues and would extend warranty if diagnosed with problem. My car has less than 100,000 miles and out of nowhere the engine blows. I am afraid toyota will blame it on something else so I will be wasting my money. However the problem is with the same vin number as mine. what to do. should i again tow it at my cost to toyota shop. or let my mechanic put in rebuilt engine. I don’t know how they can test for oil consumption if engines is finished. Please advise. Donna Varble

      6. Annecia says:

        Is this still in progress? My engine just blew after they repaired the oil consumption recall

        1. Top Class Actions says:

          Unfortunately, this particular case was dismissed in December 2015. Please keep checking Top Class Actions for updates. We will let our viewers know if any new class action lawsuits are filed with this complaint!

    2. Pat says:

      I live in Patterson NY, have exact same problem 2009 scionxb, burns 1/2 quarts of oil every 1000 miles,not yoga jerking us all around. How do we join these class action suits.ive written to JamesvLentz CEO Toyota Torrance Ca. No answer.

  5. Ukay says:

    This is the EXACT problem my car is having right now. EVERYTHING stated in the article directly applied to me. I will never buy another Toyota again and I will deter everyone I know from buying a Toyota if they refuse to fix this problem. How can I join the lawsuit??

  6. Sue says:

    My car is just like everyone else’s. Burning oil and Toyota refuses to acknowledge the issue. And, I had the extended warranty that was supposed covered everything bumper to bumper. I know that my next car will be American. My hat’s off to GM for standing up and doing the right thing, even if it was after the fact.

    1. Anthony says:

      I wouldn’t say your next car should be American.. Technically your Toyota was built in Kentucky, and is just as American, if not more American than most American cars.

      And FWIW I’m dealing with an ’07 Camry owned by my mother built in Kentucky that had the engine seize due to extreme oil consumption, and the car only has 67k miles. The oil was changed very recently because the car was making a strange knocking noise, which the dealer said was “no big deal” and “just a leaf in the blower motor.” 2,500 miles after the oil change the noise returned and the engine promptly siezed. They’re still acting like it’s no big deal, but there is no way in hell anything more than a quart of oil came out of that engine when it was last drained, but yet they said NOTHING. Car is currently sitting in their lot because they “don’t have time to deal with it yet.” A case is currently opened with Toyota, who refuse to act until a tear down of the engine is done.

      Toyota used to build fantastic cars, but their quality control has gone absolutely out the window, and all of their current offerings are some of the most hideous, bland, and boring cars ever built. I miss the days of the AE86, Supra, Celica, MR2 etc. At least they make the GT86, but still, it does not make up for every single other piss poor POS offerings they currently have. Why anybody would buy a new Camry when there are options like the Mazda 6 and Fusion is totally beyond me.

  7. Geovanny Torres says:

    Yo tengo un Corolla XRS 2009 y tengo el mismo problema consume el aceite, soy de Puerto Rico creo que Toyota debería de tomar alguna acción Aludida a la situación.

    1. Obdulia Chavez says:

      Estos abogados tienen una demanda en contra de toyota, hablales para que te incluyan en ella Mccune Wright Attorneys 909.557.1250

  8. James says:

    I had the same problem with my 2007 Camry. But we are in Canada. can we join the lawsuit?

    1. Leonie says:

      Its absolutely ridiculous! as Canadians we should also join forces

  9. Melissa Rosa says:

    This is going on right now to me and I’m only 1100 over my extended warranty. I have to bring it back in 1000 miles to confirm. My fiancé is a mechanic thank god. Toyota said they may be able to work with me. Well see. How do I start a lawsuit in Connecticut ? For what I paid for this car is ridiculous and it’s kind of funny that in 2009 they changed the engine type in the rav4

  10. Megan Mataya says:

    My engine in my 2007 scion Tc actually seized up because of this!!!! I’m still paying off my car loan for a car that went to the junk yard!!!!!!!!!!!!!!!

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