Courtney Jorstad  |  April 3, 2015

Category: Consumer News

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Toyota class action settlementToyota Motor Sales, U.S.A., Inc. was hit with a class action lawsuit alleging that its 2012 Camry vehicles have a defective air conditioning system that causes mold to grow.

Plaintiff Alan Forsley of Califronia filed his Toyota class action lawsuit in a California state court on March 30. Forsley says he purchased a 2012 Toyota Camry in May 2012 from a Los Angeles area Toyota dealership.

Forsley alleges that the 2012 Toyota Camry’s defective air conditioning system emits “noxious and foul odors from mold growth in the HVAC system” because of a “uniform and widespread defect.”

“Exposure to such smells and mold is extremely dangerous and can lead to sickness and other health related issues,” the California man explained in his Toyota Camry defective air conditioning class action lawsuit.

Forsley cites the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO) and other research institutions that detail the health and safety risk associated with mold exposure.

“Molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation,” the CDC has stated, according to the class action lawsuit.

According to WHO, exposure to mold has been “clinically associated with respiratory symptoms, allergies, asthma, and immunological reactions.”

The mold problem in the 2012 Camry allegedly “grows on a component called the evaporator, located inside the vehicle’s dashboard. 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,” the Toyota class action lawsuit says.

“The 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 mold growth,” it adds.

However, Forsley says that any attempt to fix the allegedly defective HVAC system “merely replaces the defective HVAC components with the same defective components, which never repairs the HVAC defect as warranted.

And it may come to “impermanent repairs which do not address the issue,” such as repeatedly replacing air filters or performing “repeated foam flushes.”

According to Forsley, Toyota knew or should have known about this problem with its air conditioning system, and that it “has acknowledged that the HVAC system used in the Class Vehicles and its attendant problems are the same as the odor issues occurring in other Toyota vehicles” dating back to at least 2005.

In 2005, it was allegedly stated in a Toyota technician training manual that “A/C system odors are a common complaint among users, especially after start up.”

The manual explains that the odors could come from “‘[m]icrobes [i.e., mold] growing on the evaporator surface’ that are ‘small living bacteria carried into the evaporator case [that] grow in the warm, moist environment.'”

“Additionally, it states that there is ‘no permanent mechanical repair’ for this issue,” the Toyota class action lawsuit states.

In February 2014, after putting almost 19,000 miles on the vehicle, Forsley brought his 2012 Camry to the dealership where he purchased the car in Marina del Rey, “complaining that the vehicle’s HVAC system was giving off an odor when the heat or air conditioning were turned on.”

No repair was performed when he brought his Camry in, the service adviser only gave him a pamphlet to read, explaining that there is “‘no permanent mechanical repair'” for these types of odors,” according to his Toyota Camry class action lawsuit.

However, the dealership did repair the air conditioner radiator case, which was part of a recall for “the drain hose for the air conditioner condenser which could become clogged, causing water to accumulate at the bottom of the air conditioning condenser unit housing,” which could potentially cause “air bags to become  disabled or inadvertently deploy,” among other problems.

But the repair did nothing to fix the moldy odor coming from the allegedly defective air conditioning unit, the class action lawsuit explains.

Forsley cites complaints by other Toyota Camry owners filed with the National Highway Traffic Safety Administration (NHTSA), who had similar problems with the air conditioning systems in their Toyota Camry vehicles.

Forsley wants to represent a class of those who have either owned or leased 2012 Toyota Camry vehicles.

The Toyota class action lawsuit alleges violations of California’s Consumer Legal Remedies Act, violations of the state’s Unfair Competition Law, breach of implied warranty, breach of express warranty and unjust enrichment.

The plaintiffs are represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.

Counsel information for Toyota is not yet available.

The Toyota Camry Class Action Lawsuit is Forsley et al v. Toyota Motors Sales USA Inc. et al, Case No. BC577240, in the Superior Court of the State of California for the County of Los Angeles.

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149 thoughts onToyota Hit With Class Action Over Moldy Smell in Camry AC System

  1. Alison says:

    Same problem here with bad smell but it happens at start up with or without the AC or heat on and has occurred since day 1 when we purchased a brand new 2014 Rav 4. We took it to the dealer numerous times, they say they cant smell it (bologna!) and have done nothing but replaced the air filter one time. I think we should all band together and sue Toyota, mold is nothing to ignore. Im 6 months pregnant and it freaks me out : (

    1. Olga Skinner says:

      I am here with you. Would love to join. What can be done how we file???

  2. Deborah Rosa says:

    I am in Florida and have a 2010 Camry with the mold in the vent. Toyota issued a document stating their 2004-2014 models all have the issue but refuse to recall it.

    1. B. T. says:

      This is unacceptable! Toyota needs to do something about this oder from vent issue. My Camry 2014 is having the same problem and I happen to be allergic to the smell it is causing me health issues. I am not going to settle for toyota doing nothing about it. I hope you do not either.

  3. Patty says:

    I have a Hybrid Toyota Camry and I had to take it back to the dealer with the smell, aside from the AC Issue the insulation on the Camry its not good and my car its very hot. ( Took it to the dealer and there is nothing they could do) In addition I have a brand new Toyota Corolla that has the same issue and its pretty hot with this FL Weather ( Moldy Smell and AC Not working properly) Whats going on with Toyota?? Paying for cars that are getting me sick!

    1. RS says:

      I am in the process of filing for a class action in FL regarding this issue, please contact CCalamusa@fortheinjured.com regarding your complaint.

  4. Curt Oishi says:

    We had a 2013 Highlander that had the same problem, smelled like vinegar. The dealership tried changing the cabin filter, foam flush the A/C vents, without success. Finally trading the 2013 for a new 2015 Highlander. We were happy till last week when upon starting the A/C vents blow stinky vinegar smell. The smell goes away after a couple minutes but usually returns the next morning. Coincidence or bad luck…frustrated!

    1. Amy says:

      I have a 2015 Highlander as well. Having the same problem . . . have you had any luck with a repair for this smell? I have an appt. next week to take mine in. But my husband has already changed the filter and did the foam flush . . .

      1. Olga Skinner says:

        did it work for you?

      2. Maryann says:

        Toyota does not have a fix for this problem. Although there is a class action lawsuit in California.

      3. Doug says:

        My 2015 highlander has had to have all carpet replaced and now scraping the flooring to have mold / mildew removed. This is a result of condensation from evaporator lines which was not properly removed when lines were repaired. Smell is musty. Car in for repair three weeks and now contemplating next step. Appears Toyota has an issue they do not want to recognize. Please update if you find out more and will have more input if I ever get my car back.

  5. joshua wall says:

    Hello i just purchased a 2012 camry i noticed tht it has this unusal smell coming out my vents its so embarrassed when my freinds ask whts tht smell.so im calling the toyota dearler ship n set a appointment get this check out

    1. B. T. says:

      Good luck with the dealership. I have the same problem with my 2014 Camry SE. I also had this HVAC oder issue with my 2012 Camry SE and ended up trading it up for my now 2014 Camry, which is all of the sudden giving me the same problem. I went to the dealership, but all they wanted to do was make another sale by having me trade my car in….So, they can make more money on this malfunction issue certain Camry year and models have. If you google the issue you will see that all the different fixes people have tried only helped temporarily. I feel that this merits a total recall on the car.

      1. Maryann says:

        I too have a 2014 Camry SE that has HVAC mildew problems. I didn’t even have it for one year and it started smelling foul and mildew. I am terribly disappointed in Toyota. Also, I have an acceleration problem as other people have when you push the gas peddle and your car doesn’t go until after seconds. You could be broadsided and killed by then. Also have problems with the front bushings which I have had serviced twice and going in for the third time next week. Safety issues such as the HVAC system and the hesitation in acceleration are a problem that Toyota needs to fix!! Now, not 10 years from now!

  6. Lynda says:

    I own a 2008 Camry and I’ve had that smell coming out of my vents as long as I can remember. I too have been told to just change the filter which doesn’t seem to help, and I have allergies to mold. Should be something we can do for all those affected.

  7. Gary says:

    I am also having this issue with a 2012 Mercedes-Benz C-250, a foul sour smell anytime I turn on the A/C or Heat, also have friends who have 2012 Mercedes-Benz C-250 with the same problem. Have to wonder if this has something to also do with other vehicles manufactured in 2012.

  8. laeva solo jr says:

    I purchased a 2007 Toyota Camry Se. From well known dealer. I also experience the same problem. I turned on the heat and there was a terrible smell. That came out I got so sick I wanted to vomit. I immediately got out of the car. Then I told my wife I wonder if the air condition has the same problem. And sure enough it did. I took it in to have it looked at.I was told my filter needs to be replace. So I had my filter and hose’s cleaned out. It was ok for one day then the smell came back. Took it back again mechanic said nothing was wrong. I got so tried of having to put up with this problem. I finally traded the car in and a Chevy car. I would like to be included in law action suit

  9. Barry Schwartz says:

    We have a 2010 Toyota Sienna which we bought used from the local dealership 2 years ago. Every time we turn on our heat or air there is a terrible smell. Why are only the Camrys included in this class action suit? I’d love to be included in this. I really need a solution to this awful smell!

    1. Gerald Rehanek says:

      I also have a 2010 Toyota Siena I purchased new in 2009…In the 4 or 5 months I have noticed a very strong odor that smells like dog crap..We checked put shoes and mats several times..before noting it was coming from the air vents..I have allergies and keep the fresh air vent closed almost 95% of the times. The smell seems to come and go with AC usually off.. THIS IS REALLY BAD!

    2. TES says:

      Yes, WHY are no other Toyota vehicles included in this lawsuit. Id love to be a part of it. I have a 2015 Prius with 11,000 miles on it and the mold smell coming from the vents when I start the car is horrible. Burns my eyes, nose and throat. They are not going to do one thing about this. Changing the cabin filter and spraying some air freshener doesnt get rid of the mold. Furthermore, replacing the faulty parts with identical faulty parts isnt going to change a thing. Does Toyota really think that the American people are that stupid???

      1. Dismayed says:

        I have a 2014 Prius with 11000 miles and the same problem.

      2. Beverly H Gunter says:

        I, too, own a 2015 Prius Three. I have owned it for 13 months and only have 4,000 miles on it. I started smelling mold and put DampRid in my car. It accumulated 2″ of water. I put a second DampRid and after 1/4 ” of water accumulated I took pictures and called Toyota dealership. Took the car in and mold was in the radiator core. After it wss cleaned and a new cabin air filter was replaced I was charged $125. Was told this was not under warranty as it was an environmental issue. Don’t even get me started on the nonfunctional Entune/Bluetooth system. I’ve called Corporate several time on this. I called Corporate last night about the mold. This environmental problem is BS. I had also read Prius’ built in 2013 and 2014 (which I’m assuming when mine was built) had faulty Entune systems. The fact that my car accumulated 2 1/4″ water in 3 weeks frightens me. If I had not had DampRid in my car would my cloth seats have soaked up the water? I have a low immune system and have been seeing an allergist for 31 years. I’m not driving a car that’s spewing mold in my face and causing health issues. I already had a claim number. Last night I told them I was filing for the Lemon Law. A representative from Corporate called me today. He says they don’t replace cars because of environmental issues. I don’t want another Toyota ever! I want my money back to buy a good car whose bluetooth works and doesn’t spew mold in my face. He told me he would check for any updates and call me onThursday. I told him to start the Lemon Law process and if I didn’t win in arbitration, I was filing a lawsuit. Look up Lemon Laws. There are attorneys that will not charge you a penny because they get paid by state and manufactors. Also the SC Cobsumers Commission will file for you. My brother is an attorney and I’m not letting Toyota endanger my health. I’m taking them all the way. My gosh, people, we bought Green Cars! WHAT? A Green Car makes uou deathly ill? Enough is enough. There really needs to be a class action lawsuit over this mold issue. Mold can kill!

        1. Syed hashmi says:

          Hi there
          I hope Toyota corporate solve ur problem.I just want to share with you that I bought 2015 corolla here in local toyota dealer in Mississauga Canada and my car is driven around 45000 km.and I noticed today that passenger side floor is kind of soaked in water.I acknowledge the issue u have that toyota is lacking when it comes to the ACADEMY system.Today is Sunday here and hopefully in a day or so I will take my car to the Toyota dealer where I bought this car and I hope they will fix the problem without charging me.If u have any legal advice for me let me know.

        2. kamara says:

          Hi beverly. I have a 2016 camry that I bought new and has this terrible smell when you turn the fan on. Do you know if there is a way to get Toyota dealership to fix it ? I’ve heard there is a class action lawsuit in california. Do you know how I can join that to get this smell taken care of ?Thanks .

          Kamara

      3. Melvina Frazier says:

        I also have a 2014 Prius with 16,000 miles and the mold smell comes for the vents when I start it up. The smell makes me sick I will be wearing a face mask. Not sure what it is doing to my respiratory system. Toyota should have a recall to fix the problem.

  10. Charlene McCarthy Blake says:

    Toyota is #1 in cases of sudden unintended acceleration and FORD is #2. The current unintended acceleration plaguing newer vehicles is the electronically-induced type. The engine throttle control systems depend on computer software to command them. Sometimes glitches occur…like in some of your other electronic devices…which can cause the command to be different than what you desire. The evidence of the glitch is often undetectable after the vehicle is restarted. Unfortunately, the EDR (black box) is not always accurate as shown by expert Dr. Antony Anderson in his analysis of a 2012 Toyota Highlander. The EDR results indicated the driver was not braking when she was doing so. The EDR results are inconsistent.

    The key to avoiding a horrific crash during a SUA event is whether or not the vehicle has an effective fail-safe in the event a glitch occurs. If it does not, as in the case of the glitch-prone Toyota ETCS-i, then the vehicle may become a runaway with an ineffective means to stop it. Unfortunately, the safety standards aren’t as strict in automobiles as they are in airplanes. Some manufacturers have more effective fail-safes than others. In the case of Toyota, an embedded software expert, Michael Barr (see Oklahoma Bookout vs. Toyota court case involving a 2005 Camry) found that an electronic glitch could induce a SUA event. Another expert, Dr. Henning Leidecker, found that a SUA event could also be triggered by “tin whisker” formation, particularly in 2002-2006 Toyota Camry vehicles.

    SUA events have been DEADLY for vehicle occupants as well as pedestrians and people in storefronts, buildings, and even homes. The numbers of such crashes are ever-increasing with the advent of the very complex ELECTRONIC throttle control systems.

    With the increase in such serious vehicle crashes, there is a concerted effort to show driver “pedal misapplication” or a “medical condition” or some other reason for the incident…anything other than a vehicle defect. Investigators aren’t scrutinizing the buggy electronic throttle control software or other conditions that can elicit a terrifying sudden unintended acceleration incident. They usually just examine the *mechanical* causes which tend to be just red herrings in these cases. Investigators simply don’t have the expertise to find such electronic glitches. In fact, the staff at the NHTSA, National Highway Traffic Safety Administration, do not have this very specialized training!

    Think of it…the next step in electronically-controlled vehicles seems to be so-called “self-driving cars.” Do YOU want to be in a such a vehicle when there is no evidence that strict safety standards, particularly in the throttle control system’s software, have been adhered to? Will you just BLINDLY trust the automaker (criminally-investigated and nearly-prosecuted Toyota and soon-to-be GM and others?) to come through for you and your family’s safety *on its own*?

    A recently published Huffington Post article by Jonathan Handel,
    How Do We Know Driverless Cars Are Safe? Google Says ‘Trust Us’
    Posted: 07/01/2014 7:23 pm EDT Updated: 07/02/2014 1:48 pm EDT speaks to these very issues and poses tough questions about Google’s “driverless” vehicles. Educate yourself carefully before you put your faith in automakers who have knowingly lied to their customers and the government for decades. Study the issue of vehicle electronic sudden unintended acceleration and ask WHY we aren’t seeing it addressed publicly. WHY is blame placed on the driver with little more than speculation about which pedal was used or with little more than an assumption on medical condition. This is being done *even when the drivers steadfastly cite a VEHICLE PROBLEM as the cause of the crash. Absence of proof is not proof of absence of a serious ELECTRONIC computer glitch or other electronically-caused SUA.

    1. Roger says:

      You’re spouting nonsense. 100% of the documented cases for Toyota, Audi, etc. “sudden acceleration” problems where the car’s black box was analyzed were found to be PEDAL MISAPPLICATION. In other words, the driver panics and pushes the wrong pedal, and then pushes it harder when the car accelerates.

      And of course, blames the car. (Prove the black boxes are wrong. Citing some random idiot’s name is not proof, by the way).

      But whatever you do, post a long rambling bunch of FUD instead of checking on the actual data.

      When there is documented proof certified by an entity like the NHTSA showing there is a real systematic problem with “sudden acceleration”, be sure and get back to us.

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