Settlement reached in class action over smelly Toyota Camry HVAC

Update:

• Toyota reached a settlement with 200,000 individuals who leased or purchased 2012-2015 Toyota Camry XV50 vehicles from authorized dealers in California.
• The plaintiffs alleged a defect caused their cars’ heating, ventilation and air-conditioning systems to release foul smells.
• The Toyota settlement allows for up to $100 reimbursement for out-of-pocket expenses to replace the vehicle’s charcoal filter after the notice date and an uncapped reimbursement for fixes before the notice date.

(April 1, 2019)

A federal judge recently certified a Class of Toyota Camry owners who may have dealt with defective HVAC systems.

Last week, U.S. District Judge Fernando M. Olguin certified a class of California residents who purchased or leased model years 2012-2015 Toyota Camry XV50 through an authorized dealer.

According to Judge Olguin’s order, Toyota has confirmed that there were more than 250,00 Class vehicles sold in California which justifies class certification.

Additionally, the court found no faults with lead plaintiffs Alfred Salas and Gloria Ortega as class representatives nor did they take issue with the claims brought in the class action lawsuit.

Plaintiffs and class counsel are reportedly pleased with the development and look forward to the future of the case.

However, Toyota maintains its innocence and will reportedly continue to fight the class action as it proceeds.

“Toyota continues to maintain that plaintiffs have not put forth any credible or common classwide evidence to support their claims against Toyota and that they are not entitled to individual or classwide relief,” a Toyota spokesperson said in a statement after the Class certification. “We stand firmly behind the integrity and performance of the Camry’s HVAC system and will explore our options moving forward.”

The Toyota Camry HVAC class action lawsuit was filed in November 2015, claiming that a longstanding defect with the vehicle model’s heating and cooling system caused mold and a resulting foul odor.

According to the Toyota Camry class action, Toyota has been aware of the issue since 1997 but failed to fix the problem or alert consumers.

Salas and Ortega claim that the defect in the Camry HVAC system lies in the evaporator. The evaporator absorbs heat from the car’s circulated air and collects moisture.

According to the Toyota class action, this moisture can lead to the growth of mold which may result in a foul odor whenever the system is used.

Plaintiffs also claim that Toyota acknowledges in their 2005 Camry repair manual that “A/C system odors” were a “common complaint” with “no permanent mechanical repair.” Instead of a sustainable fix, Toyota allegedly offers temporary relief in the form of replaced components and repeated foam flushes of the system.

In September 2016, most of the claims in the class action survived Toyota’s motion for dismissal. While plaintiff claims for breach of warranty and other violations of California law remained intact, Judge Olguin took the opportunity to trim claims for unjust enrichment, violation of California’s Unfair Competition Law, and California’s Consumer Legal Remedies Act (CLRA).

After plaintiffs amended their class action lawsuit, Toyota filed another motion for dismissal in November 2016. The auto company claimed that the amended complaint failed to demonstrate how monetary damages would be insufficient in addressing consumer injuries.

The company sought to dismiss several claims including those for equitable relief under California’s Consumer Legal Remedies Act and California’s Unfair Competition Law as well as claims for statutory breach of implied warranty under the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.

What do you think of the settlement in the class action over the allegedly smelly Toyota Camry HVAC? Let us know in the comments below.

Plaintiffs and the recently certified class are represented by Cody Padgett of Capstone Law APC.

The Toyota Camry HVAC defect class action lawsuit is Salas, et al. v. Toyota Motor Sales USA Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.

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