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. Henry Bell says:

    I have a 2009 Toyota Camry I live in illinois please include me in the lawsuit.

  2. Dave says:

    Just took mine 07 Rav4 to get the test done after I got the letter a little while ago. I asked how much oil has to be burned before to be considered for the warranty. They wouldnt tell me. So I googled and found all of this. Kinda pissed off, been pouring a quart about 1200 miles since maybe 40K miles on the engine. Toyota, such disappointment.. junk.

  3. zee says:

    I’m having the same problem…I had the test done and I was told there is no problem, because the don’t want to fix my car..This is ridiculous I would like to part of the class action lawsuit

  4. Juan says:

    I wanna join the lawsuit. Same issue as everyone. Always take my car to service on its scheduled maintenance. And everytime the service reps say I need something new. Like a water pump which doesn’t leak. And now my car is so shaky and loud it’s ridiculous, feels like I have a V10 instead of a 4 cylinder b

  5. Jason says:

    Guess whos engine just siezed on 2008 rav 4. Noticed my oil light was occasionally flickering just hit 5 k for oil change. Had it scheduled to go in the day after for recalls and oil change. Had it towed to family in laws shop. Blown rod looking at engine rebuild now at this point. 107k miles. Calling toyota tommorow.

  6. Andrew says:

    Linda Talbert, what is the recall reference number/i.d. ? …thanks.

  7. Linda Talbert says:

    I received a recall for this problem last week, I have to call and make an appt to have it checked. I have the problem and no one was able to tell me what the problem was. The recall says when they check the car and find that this is the problem it will take months to get the part to fix it. Bull crap.

  8. Cathy McQueen says:

    Our 2009 Camry started burning way too much oil between oil changes at about 50,000 miles and they told us that 4 cylinder engines always burn oil!!! Our second set of catalytic converters just died too. We’be replaced countless sensors which only keep dying. (All due to oil/piston issue). Toyota told us (in January), that no parts will be available until April unless we want to pay for the repair OURSELVES!!!!!!!! Then they can get it right in then, we can apply for reimbursement!! I’be been calling Toyota and the dealer all day trying to explain that we are having huge problems again and they need to put in new parts at no charge to us what so ever because I’m not spending anymore money on this junker. I’ve spent the whole day explaining that this car won’t make it until April and they need to help us NOW!!!!! My husband is a salesman and is trying to make a living with this car-we don’t have a few thousand lying around to pay for a new engine (and we are not waiting indefinitely for a possible reimbursement-nor should we have to pay at all!!) and we can’t afford a new car either so, give us a loaner, fix it , DO SOMETHING NOW!!!!!!!! It will NEVER buy a Toyota again nor a Lexus either. I’m telling and publishing our story everywhere I can and warning everyone to stay away from Toyota.

  9. HC says:

    Hi Ellen, I live in New Jersey and have the same problem as you described. Did you receive the extended warranty after your complained about it to the dealer or they sent out to everyone?

  10. Ellen Whitford says:

    I have a 2009 Toyota Camry and reported the excessive Oil Consumption to Toyota 2 years ago at 70,000 miles. Several times I found dipstick so low it was alarming despite oil changes every 4000 miles and constant care of my car. Toyota told me it was normal for car to consume one quart every 1200 miles, this is not true. I never in my life had to replace all of the engine oil inbetween oil changes. I knew they were lying to me. Today I received a Letter of Extended Warranty re Oil Consumption and have appt in 3 days w/Toyota for oil consumption test. They better fix this problem and I want to be part of any and all Class Action suits. Please sign me up. Thanks.

    1. Rob Munro says:

      Where are you at with the situation? Oakville Toyota just tells me month after month that the parts are on back order. Is their a law firm in Canada or Ontario specifically taking this case? I want to be added to the list! Please.

      1. Jass says:

        hi Rob im from Toronto. I also want to be part of this lawsuit or any if you can provide any input how to get the parts changed. please let me know. email me at jaspre400@gmail.com.

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