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Toyota sells Toyota Highlanders, model years 2020 to 2021, without disclosing that the vehicles’ fuel systems are defective, a nationwide class action lawsuit alleges.
Plaintiffs Cheryl Tavares, Paulo Tavares, and Charles Deffendall filed the class action lawsuit against Toyota Motor Sales, U.S.A., Inc., Toyota Motor North America, Inc., and Toyota Motor Corporation Friday in a California federal court alleging violations of federal warranty law and state consumer laws.
The class action says the vehicles are equipped with and advertised as having 17.1 gallon fuel tanks, and being able to achieve 36 miles per gallon (MPG) for city driving, 35 MPG for highway driving, and 36 MPG for combined driving. This would provide a range of approximately 615 miles on a single tank of gas.
However, the drivers allege the vehicles are defective in that the fuel tank cannot be filled to its advertised capacity. This compromises the promised driving range of the vehicles, increases emissions and the risk of overflow during fueling, the claim states.
“Since its introduction, this redesigned Highlander Hybrid has been the subject of hundreds of complaints by consumers, who have been unable to fill up their vehicles to the advertised capacity of 17.1 gallons,” the class action says.
“When refueling, consumers report that the automatic shut-off activates well before the tank is full, usually after a mere 12-14 gallons have been added to an empty tank.”
Consumers can attempt to force the tank to accept more fuel by slowly adding gas after the automatic shut-off has been triggered, the claim states, but many have reported gas then spilling out of the vehicle well before the tank has actually been filled to the advertised capacity of 17.1 gallons.
“The Fuel Tank Defect presents a safety risk for Plaintiffs, members of the Class, and the general public because the fuel systems in Class Vehicles are not properly vented, leading to increased emissions from the car damaging the fuel system components due to higher internal pressure, and increasing the risk of fuel spilling out of the vehicle while being re-fueled,” the class action says.
The class action says the defect has resulted in numerous complaints to authorized dealers throughout the country and to the National Highway Traffic Safety Administration (NHTSA) for vehicles that only began to be sold in February 2020.
Despite acknowledging the defect internally and to authorized dealers, the claim states, Toyota continues to market and sell the cars promising 36 miles per gallon for city driving.
The group is looking to represent anyone in the United States who bought or leased any model year 2020 to 2021 Toyota Highlander equipped with a hybrid powertrain, plus a California and Texas subclass.
The group is suing for fraud, violation of California and Texas consumer law and breach of warranty. They are seeking certification of the class, an order forcing a voluntary recall of the vehicles, damages, fees, costs and a jury trial.
Meanwhile, Toyota is also facing a class action lawsuit alleging it switched to a soy-based covering for wires in its vehicles, which attracted rats and led them to eat through the wires.
Do you have one of the affected vehicles? Let us know about your experience in the comments!
The plaintiffs are represented by Tarek H. Zohdy and Cody R. Padgett of Capstone Law APC.
The Toyota Highlander Fuel Tank Class Action Lawsuit is Tavares et al., v. Toyota Motor Sales, Case No. 3:21-cv-04534 in the U.S. District Court Northern District of California.
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14 thoughts onToyota Sells New Model Highlanders With Defective Fuel Systems, Class Action Lawsuit Claims
I have ‘21 XLE hybrid. I skyways fill up at half tank, only get 7 gallons in, and the fuel gauge rarely gets to full. Last time was the worst. As I pulled away from the pump, I boyy try iced that the gauge was only at 3/4. I swung around, went tons different pump, and was able to get two more gallons in.
We are leasing a 2019 hybrid and our local Toyota dealer replaced our tank last week. I specifically asked the size of the tank and was told 17.1 gallons. We went straight to get gas since it indicated we were down to 13 miles in the tank. The new tank only took 14 gallons total, so much for getting it fixed. We are getting 34.9 mpg. We learned about the problem from a Toyota service bulletin on Facebook.
How do I join this class action suit? We purchased a used 2021 Toyota Highlander a week ago, and noticed when we fill up the tank, it only says we can travel about 230 miles before empty? We though this was very strange, especially learning the gasoline fuel tank is more than 17 gallons capacity.
2021 Highlander Hybrid owner. Same issue with gas tank. California Owner.
We purchased a Toyota highlander in April 2021. it is not a hybrid. However, it is triggering the low oil warming every 3000 miles. It also has very high oil consumption about 14 MPG at its best, from the 21 mpg advertised.
We have taken it to the dealership in Katy Texas every time, they have made 4 oil consumption tests and they all came out as “normal”, apparently, their standard is made or this defects to pass as ‘normal”.
We paid a lot of money for this new car, and also paid their extended warranty, it seems like it doesn’t matter. Right now, after 18000 miles the low oil warning was triggered again after only 3000 miles after last oil change. They decided to open the engine to check.
This is exhausting, and I feel helpless.
If anyone knows what can be done, I would appreciated it.
Purchased 2021 Toyota XLE Highlander Hyb in March of 2021. I complained about the same fuel tank problem talked about in class action lawsuit from my first fill up back in March 2021.
Called Toyota and explained problem and asked about about it they never acknowledged that there was a issue and never called me back
Spoke to dealer. Said “we will check it at 5,000 mile service, probably needs to be recalibrated (what ever that means). After picking it up I was still having same problem with distance to empty when refueling.
I called dealer back, “will check it at 10,000 service.
Had 10,000 mile service done end of Jan 2022. Was told “all set was recalibrated again”.
After picking it up the problem still exists.
Mind you I told them 2 weeks after delivery back in March of 2021 that Toyota has some type of problem with fuel tank capacity.
So I called back a third time after my 10,000 mile service and was told “Let me have service manager check into it”. Received call today Feb. 10th 2022 saying they just got notice from Toyota saying there is a service bulletin to correct the problem. Involves switching fuel tank, fuel line and who knows what else. Already ordered the parts “When would you like to come in” “will give you loaner” Not Happy Camper!!! Disappointed in the way Toyota Motors USA is handling this. I thought they had learned from the bad press they received back in 2010 on how to handle recalls and service campaigns. I guess not!!!
I just bought a used 202 Highlander Hybrid and not only does the gas tank not go past 13 gallons, the battery never goes above 6 bars even though there are 8 bars on the dash. I have noticed that it uses more gas if the battery falls below 3 or 4 bars, which does impact gas mileage. I’m very disappointed and paid a lot for this vehicle because of the shortage. My bad…. But to then find out about these problems is infuriating. I had always believed in Toyota and traded in a Lexus just to get the Hybrid. Is there recourse when purchasing it used. Now I know why someone got rid of it. I also spoke with toyota service advisors and asked if there were any issues when I was trying to purchase a new or used one. They said “no” not that they knew of…. That was a down right lie, and several dealers said the same thing. Very deceiving.
I am interested in this being I bought my wife a 2021 and recall her saying it had a small tank now I know why she said that.
My name is Neil D. and just leased a new 2021 Highlander (August 25th, 2021) through Toyota Finance Services within the last month. I live and leased the vehicle in North Texas. I ujst noticed this issue upon refilling the tank the very first time today. What are my options going forward? Is this something that will cause major problems as the car ages? Any suggestions would be greatly appreciated.
denvrntx@gmail.com
I have 2021 an did not know it could hold that much gas never see it take more then 12 gallons
They advertised the same thing with the 2019 Highlanders I can prove it because I still have to window sticker from the one I purchased and I don’t get 17+ miles per gallon mile so it’s not just the 2020-2021 years !!! You can add my name to your lawsuit !!!
this and the fuel pump recall is really killing me
My local dealer replaced my tank on my 19 hybrid last week and said 17.1 gallon tank was installed. Yet at station it clicked off at 14….