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A class action lawsuit alleges that most Toyota and Lexus vehicles have a defective heating, ventilation, and air conditioning (HVAC) system that “emits noxious and foul odors into the vehicles.”
In addition, car owners “are exposed to a serious safety hazard because mold and other contaminants are emitted in the air circulated through the Defective HVAC System,” according to the complaint.
The Toyota and Lexus HVAC defect class action lawsuit alleges that the scope of the defect includes most models of Toyota vehicles, as well as Toyota’s luxury brand Lexus model cars. The complaint claims that Toyota has been aware of this issue since at least 1999.
According to the class action, Toyota technical service bulletins issued to its exclusive dealerships acknowledge the HVAC issue and admit that “there is no way to eliminate the odors.”
A course manual on air conditioning and climate control published by Toyota and cited in the complaint states that the noxious odors may be caused by mold “growing on the evaporator surface” because “small living bacteria . . . carried into the evaporator case grow in the warm, moist environment.”
The class action asserts that despite knowing about this defect, Toyota illegally continued to sell defective vehicles without disclosing the defect in the HVAC system, or issuing a recall to fix the problems.
The complaint contends that these are violations of state consumer protection laws, fraud, negligent misrepresentation, and federal warranty law.
The class action argues that “no reasonable consumer” would expect to purchase a new vehicle with a defective HVAC system that emits foul odors.
Plaintiffs Paul and Elizabeth Stockinger, Gailyn Kennedy, Basudeb Dey, Brenda Flinn, and Eliezer Casper all state that they purchased new Toyota or Lexus vehicles in 2014 and 2015, and have experienced noxious odors coming from the vents in their vehicles.
All claim that they would not have purchased their vehicles, or would have paid much less for them, had Toyota disclosed the HVAC defect before the sale.
The HVAC defect lawsuit requests certification of a Class of all people who purchased or leased a Toyota or Lexus model involved in the lawsuit. The complaint lists a page of models affected by the defect, including most Toyota models built between 2009-2015 and several Lexus model vehicles.
The class action seeks restitution, treble damages, punitive damages, and an injunction stopping Toyota from its deceptive sales practices.
This is not the first class action Toyota is facing about its HVAC system. In November of 2015, a class action was filed against Toyota over the HVAC system in its Camry model cars.
That action is still being litigated, and most recently in November of 2016, Toyota filed a motion to dismiss the amended class action complaint. That action alleges similar violations of warranty and consumer protection laws relating to the known mold-causing defect in the vehicle’s HVAC system.
The plaintiffs in this Toyota, Lexus HVAC class action are represented by Paul R. Kiesel, Helen Zukin, Jeffrey A. Koncius and Nicole Ramirez of Kiesel Law LLP; Joseph H. Meltzer, Peter A. Muhic and Melissa L. Troutner of Kessler Topaz Meltzer & Check, LLP.
The Toyota and Lexus HVAC Defect Class Action Lawsuit is Paul Stockinger, et al. v. Toyota Motor Sales USA Inc., Case No. 2:17-cv-00035, in the U.S. District Court for the Central District of California.
UPDATE July 18, 2018: A second Toyota HVAC class action lawsuit has been filed, claiming that certain Camry vehicles contain a defective heating, ventilation and air conditioning (HVAC) system that causes foul, noxious and/or toxic odors. Plantiffs 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.
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38 thoughts onToyota, Lexus Class Action Says HVAC Defect Emits Moldy Smell
I have the same problem with my 2015 Lexus ES350. I’ve taken the car in several times and it continues to smell. This last time I was told there is a manual with info for the consumer. Uhhh hello that info should have been given to me before. I would not have purchased the car had I knew it smelled so bad. I have allergies so I can’t keep the vent open and I feel that my sinus is worse.
I had a 2014 Camry which emitted a moldy/musty smell about six months in and for the entire rest of the time I had it. It was a lease so I traded it in right before the 36 months, but still, nothing was done with the complaints I filed. I seen my old car, that was sold to an elderly man, in my same town. I felt so bad for him. There was also front end bearing problems with steering and hesitation upon quick acceleration. Keep fighting Toyota owners!! I will never buy another!
A few weeks ago, I traded my beloved 2008 Lexus ES 350 (which never had a mold smell issue) for a preowned 2015 Lexus RC 350 with just 13k miles on the odometer. I could not be unhappier, due to the noxious mold/must smell coming from the vents. It’s truly sickening to me, and I’m just horrified to think I have made a bad decision buying this car. I love every other aspect of this car, but I can’t get over the constant vomitous feeling I get every time I use the climate control. Keeping the ‘fresh air’ button on is not an acceptable option for me. Recirculated air is intended to keep outdoor smog/fumes and exhaust from entering the vehicle….. plus it cools faster in the summer. What should I do?
Have a 2014 Highlander with the odor problem. Dealership wants to charge me +$100 to wash out the system and spray with “a clean odor perfume”. Told them no and that instead I will take the effort to let everyone I know looking for a new car not to buy a Toyota because of the odor issue.
I don’t expect any money to come my way from the class-action lawsuits, but I would definitely be one to testify against Toyota if needed.
I paid for the HVAC wash and it only masked the smell for a day. I am extremely upset with Toyota. I have the same year and make that you have. I gave up my 11 year old Highlander that did NOT smell for this crap. It’s ridiculous.
I have the same issue with my 2015 ES. Moldy smell even after changing the air filter. I’ve told my service advisors and they just say to “turn off the recirculate option to let fresh air in”. ? interested to see how this case goes.
Where would I take my 2017 Lexus nx to have the air quality tested……feel there is something wrong with the air conditioning and are there lawyers that are in New York State to contact?
I complained times to the service mgr about the damp, moldy smell every time I turned the air or heater. They always brushed it off. I havr a 2013 prius.
I have a 2015 Prius that is making me sick! What can I do??
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. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! 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!
You can also contact class counsel with any questions. Counsel is listed at the bottom of the article and can be Googled for contact information.
I have a 2007 Camry that have the same problem with the smelly odor the car was taken back to the dealer for repair but it was not fixed . Have developed allergies that maybe coming from inhaling the odor.
It’s true I had a 2014 Toyota 4 runner and I always wondered wondered what that smell was. Well I guess I know now what the smell was. Sad. To say no more Toyotas for me I’m done with Toyota..