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. Connie says:

    I have a 2014 Prius V with excessive oil consumption. So they are still making the engines with this problem.
    They even put out a Technical Service Bulletin about it in 2016.
    Surely there is something we can do to make Toyota pay for the repairs of changing the pistons and piston rings!!!

    1. Evonne says:

      Oil disappears without any warning notification that the oil is low only made a ding when I turned a sharp corner I checked my oil it was completely dry there is no oil leak. I took it to Toyota dealership they said I need a new engine my piston rings are bad that’s ridiculous I’ve only had the car for 4 years and I maintain it, Toyota has past issues with defective piston rings but they say they can’t do anything for me. I have a 2018 Toyota Highlander I’m getting a lawyer

  2. Manu says:

    I bought my Toyota Rav4 2008 model from a private seller in October with about 89K miles on it. The previous owners didn’t drive it far, usually just to the office and back. I owned the car for 7 months before needing to change the oil and I never ran into an issue with that. But then I got oiled changed for my drive from Rapid City, SD to Fort Collins, CO (336 miles). By the time I was in Fort Collins, we had to top off the oil again. Felt that was strange. Over that month, I drove my car from Colorado to California(1208.2 miles). But on July 4th, the car all of a sudden it indicated high RPM and then within 30 seconds, made loud clanking sound. We pulled to the side and the engine was vibrating like insane. We took it to the nearest Toyota Dealership service shop, and they said the engine had seized and they found about 1/2 quart oil in the vehicle. The dealer had found no signs of oil leakage as well, leaving excessive oil consumption as the only cause.

  3. Eric Ogburn says:

    I have a 2009 Toyota Camry and it started to knock really bad. I changed the oil about a month ago, it was bone dry!!! The car has no leaks so it’s definitely an issue with the engine. Do I even try to get Toyota to fix it?

    1. Gina says:

      I had 2 Toyotas. Had to replace the engine on both for the same reason. I have a 2009 Camry. I change the oil regularly. Only use synthetic. Was totally unaware of the bulletin. I already replaced the motor. Cost me 4k. I’m going to try and get reimbursed the car has 64k miles

  4. Jennifer Sloat says:

    I am truly concerned at this point. My 2008 SCION XB has been burning through oil like crazy but when on route 83 in York pa while driving 70 miles per hour with the flow of traffic to have my car throw error codes and then go down to 35 miles per hour with no notice was absolutely disturbing. I could have been involved in a very series accident and possibly killed if the vehicles behind me would have not slammed on there breaks to avoid an accident. I have had this car since brand new done every necessary routine maintenance possible. I went home immediately and have replaced the coils and spark plugs, but yet the same error codes are being thrown. I am at my breaking point with Toyota as they stand behind none of their vehicles. They know of the issues and continue to put the dollar amount of buying one of their vehicles over a person’s life. They have had nothing but recall after recall for several issues, air bags on passenger side, window switches over heating and a recall for the oil consumption which I had never received. I thought you were to get notices if you are a known owner of any vehicle with a recall. I am truly disappointed and pray this is not going to be the end for a vehicle that has been properly maintained

    1. Kevin Mills says:

      i agree they need to be held accountable .

      1. Christina says:

        I have well had a 2005 that I just bought an while I was driving it home it caught fire n then pretty much blow up I lost everything my personal belongings my money everything I had in the car im only greatful I still have my life i could of died cus of it

  5. Nicole Carlisle says:

    Ihave a scion xb 09 and i took it last Sept 2019 and they checked it a second time and said yes its def, burning more then it should they also checked it 2 years prior to that and said its a little under what qualifies for the recall. so when i went back in September they said it qualifies but the recall stopped 2 weeks ago and will not honor it. I called Toyota company and they said they will not fix it i would have to with no help from them if the claim would have been made when they checked it and submitted they would have honored the recall but it was 2 weeks late. So now I’m putting in 5 quarts of oil every 3 weeks if not more. A recall is on them and their mistake shame on YOU Toyota.

    1. Princess Tate says:

      Hello Nicole, Im so sorry to hear of this issue you’re experiencing with your vehicle. I can relate, my Mom is currently dealing with a very Bad Oil Consumption in her 2007 Toyota Camry. We’ve called Toyota Corporate several times, yet they refuse to fix it. Toyota has been extremely deceptive for not disclosing these issues with their Customers. Im hoping enough customers can get together and start another Class Action LAWsuit! We’d definitely sign up for one.

  6. Steven buchanan says:

    Same issue here low oil every couple weeks and finally car started knocking. Mechanic said have to have an engine.
    Guess i just take t the scrape yard and get 300 bucks. 09 Camry
    I just dumped my Tacoma for a Ram wasn’t gonna want for that to go. 4 brand new Toyota’s i have bought but never want another one.
    They should fix this.

  7. Yvette says:

    I have the same problem with my Rav4 2007 so annoying I got 2 recalls for airbags and seatbelts but not the oil consumption! And now I am now of warranty. Can we all do something about it. Toyota should be responsible for this.?

    1. Yvonne says:

      I have a 2008 same thing

    2. Monica Testa says:

      I have a 2007 RAV4 also. I bought it from a dealer about 5 years ago. I took it to a dealer to get my oil changed. The service manager let me know that there was a deal with the oil consumption and we would have to test my suv to see if it was one of those. Anyway, he sealed everything so I couldn’t add anything to my suv and I had to drive 1000 miles. It definitely was one of those damaged. They rebuilt my engine. I would go to the place you bought it or start a class action lawsuit.

    3. Princess Tate says:

      Im so sorry to hear of this issue you’re experiencing with your vehicle. I can relate, my Mom is currently dealing with a very Bad Oil Consumption in her 2007 Toyota Camry. We’ve called Toyota Corporate several times, yet they refuse to fix it. Toyota has been extremely deceptive for not disclosing these issues with their Customers. Im hoping enough customers can get together and start another Class Action LAWsuit! We’d definitely sign up for one.

  8. Scott Shelden says:

    So we have no recourse? We never received any notice, and it only started in the last couple years anyway. We can’t afford an expensive repair! What are we supposed to do?

  9. Hugo and Sandy Acluche says:

    I kept an oil Jug in the trunk of my car because I kept running out of oil a couple of weeks after an oil change. I replaced the coils multiple times and visited many mechanics trying to solve the problems and issues I was facing. After spending thousands of dollars the timing chain broke and a wise mechanic told me this will cost you so much don’t even bother. I could have driven a luxury vehicle for the money I spent on my 2007 Toyota Camry that I purchase brand new.

    1. Curtis says:

      I am having the same issue with my 2011 xb….ironically it started after my warranty was up and now im putting 4 to 5 quarts in every 2 weeks! I have gotten a recall for some damn airbags but not the oil problem that they obviously knew about….i am ready to take whatever action necessary need be….this issue shouldve been resolved at the plant but instead toyota continued to manufacture and sell defected vehicles putting consumers in danger! I would rather spend thousands on a lawyer than this car!

  10. Malcanee Mason says:

    I too had this oil consumption problem with my 2009 Camry. I was never notified about the issue. By the time I was able to get a valid oil consumption test; the car failed. However, Toyota did not hesitate to share the timeframe for replacement had passed and they would not provide any assistance with the repair. I have owned 4 Toyotas in the past, but I will never spend another dollar with a Toyota brand! I feel they consciously ripped me off!!!

    1. Princess Tate says:

      Hello Nicole, Im so sorry to hear of this issue you’re experiencing with your vehicle. I can relate, my Mom is currently dealing with a very Bad Oil Consumption in her 2007 Toyota Camry. We’ve called Toyota Corporate several times, yet they refuse to fix it. Toyota has been extremely deceptive for not disclosing these issues with their Customers. Im hoping enough customers can get together and start another Class Action LAWsuit! We’d definitely sign up for one.

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