Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
38 thoughts onToyota, Lexus Class Action Says HVAC Defect Emits Moldy Smell
I have a 2012 Lexus ct200h with this issue. It has been getting worse for about 7 months. I do all my scheduled maintenance on time, with my Lexus dealer, so I figured it might need a new air filter…I brought it in a couple of days ago.
The dealer says that a spider (!) clogged he a/c drainage hose, causing a *rare* (!) incidence of water seeping in under the carpet, causing mold to grow. Seems insurance may cover the $6.6k bill to fix this, but I’m on the hook to pay my normal deductible ($750).
I’m super frustrated at having to pay a deductible for a job that Lexus should take accountability for. Instead of acting respectfully or responsibly, they just tell me I should’ve bought insurance with no deductible.. it my fault. It is precisely this arrogant, inconsiderate and unaccountable behavior that turns me away from companies. It’s negligent, it’s awful.
I was considering a new Lexus to replace this one, but now that I see how they handle this kind of situation, not a chance! Whatever happens with bear lawsuits, please spread the word of these stories to friends and family! They deserve to know.
I have a 2017 Lexus RX and have noticed the same issue. I’m about to take it in to the dealer this week to have it checked. The in-cabin filter was just replaced at the end of January and it continues to get worse. I live in Arizona where the humidity is very low and shouldn’t be seeing this issue. The vehicle has less than 16K. Super annoying
Hi
Can you tell me if you got your issue resolved? I just bought a 2017 RX 350…..love the vehicle, but the cabin smells like souring clothes or something and you can almost feel the odor. I have warrant and have had it in the shop 3 separate times. They are about to take it in again this week, but would love to know if you got yours fixed and how.
Thanks!!
I have a 2018 Toyota CHR bought new. Every time car is started it smell of mold. On my 4th service visit I complained about the odor and was told it was mold built up on evaporators. I asked it could be corrected and the “cleaned” for 169.00 . Car smelled like chemical for 3 months then went back to the mold smell. I have recently been diagnosed with bronchitis for the first time in my life and concerned car is making me sick. What can I do
Omg I just had that same chemical used today and came home feeling sick! It also cost $169! You tell me it will not work? And I have to deal with the chemical smell for 4 months! ? I want to cry! ?
I have a 2015 Toyota Highlander XLE, purchased brand new. Had problems w/ rear seat belts getting soaking wet every time it rained hard. This was with in the first 4 mths (prior to the 4 mth mark, vehicle had been parked in garage every night, so leak was probably even earlier but just not exposed to the elements). Took dealership multiple assessments to find problem, said roof rails were not properly fastened down and sealed. Said they fixed it, which seemed true as seat belts no longer got wet. However smell never really went away. After multiple complaints they Ozone treated the vehicle to try to remediate the smell. All it did was add a perfume smell over the mold smell. I continued to deal w/ the smell. All the while my husband couldn’t ride in the car because of his asthma and allergies, daughter got headaches and nauseau in the car. Got up one morning, went out to the car, inside of windshield soaked in condensation. Turned on wipers because I thought it was on the outside (morning dew -NOT!) Bring vehicle back, they can’t find any leak. Smell worsens.
Complain more. Another Ozone treatment, more perfume smell (-PUKE!) no resolve. I finally call Toyota Corp. after my good faith in dealership dies. Start a claim. Case manager is a joke. Haven’t had the same person call me back twice, I have to update them about what’s happening at dealership. OK whatever. Now vehicle is at dealer, seats pulled, rug pulled, vehicle is loaded w/ mold under front and rear seats, up side walls. Big surprise it’s not covered under warranty. Dealer suspects it’s related to clogged AC drains. After researching online, realize Toyota has huge HVAC issues w/ moldy smell on many models, though class action suit reports mold stays on evaporator(s) and blows out into vehicle when blower is on. Mold is all over base of vehicle. Auto insurance specifically does not cover any fungus issues (of course). Ask for ball park estimate of total remediation, new carpet, scrape of factory installed sound barrier, etc. Service manager has no idea. (um What? No idea? Really?) I believed Toyota would stand by their product, and by the amount of complaints I’ve read and the length of time it’s been going on, it appears not. Still holding out slight hope of some party stepping up to the plate to fix the issue, but doesn’t appear likely. Feeling quite irritated w/ the whole stinking thing! Pun intended.
I have had 3 toyotas with this problem. Odorless dust emitting from vents causing irritation to eyes, nose and throat. A 2006 Highlander (145k miles), 2009 Sienna
(132k miles), and now A 2015 Rav4 (64k miles).
With Highlander and Sienna, Dealer “can find no problem”, nothing to repair.
With the Rav4, I told Toyota service what the problem is. They say, NOT covered by warranty, NO Toyota recall, they will do nothing. They suggest I contact Toyota Corporation. I am told by Corporate, each Toyota Dealer independently owned and operated. Work it out with dealer.
This happening to my 2016 camry
My 2015 Lexus 350 RX also has had that problem.
In 2017 I reported a “pee smell” when the HVAC was on. It got worse. The dealer told me it may be a mouse problem and to sprinkle peppermint oil on the manifold. Complained again that the smell is getting worse. Then I noticed wet carpets. Smell really foul. Told me it might be plugged drains from the sunroof. Now this is the fall of 2018. Dealer tested and found the drains ran clear. I phoned again and told them that I saw liquid coming from the mid console area, took photos and sent to dealer. By now I have to drive with windows open, and cannot take passengers because of the stench. Back to the dealer I go, and they have to dismantle my center console to find the drain tube “restricted” and once opened quite a lot water was released. They had to use anti microbial solutions to clean the HVAC and clean and dry the carpets. None was covered by warranty. Lexus says it was caused by natural occurance. I believe this is a design flaw and Lexus should own up to it. Very disappointed in the dealership & Toyota Canada.
I have a 2008 LS460 and the HVAC emits a nasty odor among many other issues with this piece of junk car that Lexus refuses to fix. Thousands of other Lexus cars are unsafe to drive on the highways and Lexus DOES NOTHING!
I just purchased a 2016 Lexus ES 350 from a Lexus dealer in may and am having this same problem. I had a 2008 ES 350 and had no problems with the hvac. Wish I had never traded my 2008 in on this 2016. I’ve had it back to the dealer for the smell but whatever they did didn’t work. Very upset over this. This is my last Toyota purchase and I’ve had quite a few.
Have you had any response from anyone?
Made 2010 Lexus has a terrible mess this is Mel I have tried everything and cannot get rid of it have developed in urine disease and I’m hoping is that from the car