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Toyota Camry Defective HVAC Class Action Lawsuit - Selling Cars With Foul And Toxic Smell

Consumer Class Actions

Toyota Camry Defective HVAC Class Action Lawsuit – Selling Cars With Foul And Toxic Smell?

Toyota To Face Trial For Its Camry Defective HVAC Class Action

Toyota will face trial for allegations in a class action lawsuit that it manufactured Camry vehicles that produced foul odors and harmful contaminants from their air conditioning systems (HVAC) and then suppressed the information, a federal court in Florida decided.

Javier Cardenas and Kurt Kirton v. Toyota Motor Corporation, et al.

Click to access Javier-Cardenas-et-al.-v.-Toyota-Motor-Corporation-et-al..pdf

On September 30, United States District Judge Federico Moreno denied Toyota’s move for summary judgment without a trial.

The court determines that there is sufficient evidence offered to prohibit summary judgment in the defendant’s favor at this time, he stated. The court will revisit the defendants’ arguments in connection with their anticipated petition for judgment as a matter of law during the trial.

He permitted the dismissal of one of the three identified plaintiffs, Michelle Monge, from the complaint due to her failure to purchase the car from an authorized dealer.

The lawsuits, which were originally filed in 2018, asserted that certain Camry vehicles had defective heating, ventilation, and air conditioning (HVAC) system, which resulted in the release of foul, toxic, and noxious odors into the passenger compartments. Toyota’s attempt to dismiss the charges was refused by a federal judge in 2019.

Plaintiffs who are still on the case, Javier Cardenas and Kurt Kirton, filed a class action lawsuit against Toyota on behalf of themselves and a proposed class of consumers that purchased or leased a 2012 to 2017 year model Toyota Camry or Toyota Camry Hybrid.

They wish to represent a nationwide class as well as Florida and Tennessee purchasers and lessees of Camry vehicles.

Toyota Camrys, according to the Toyota Camry Defective HVAC Class Action Lawsuit, have a faulty HVAC system that fails to remove all humidity and water, resulting in the discharge of unpleasant odors within the passenger compartment when the HVAC system is being used.

2012-2017 Toyota Camry HVAC Discharges Impurities

Cardenas and Kirton assert that the Toyota Camry’s HVAC system fault creates a substantial health and safety concern for the putative members of the class because the HVAC system reportedly discharges mold and other impurities into the car.

Numerous complaints have been submitted with the National Highway Traffic Safety Administration, the Toyota dealerships, the distributors, and the Toyota defendants regarding the Camry HVAC system defect.

The Toyota defendants in the Toyota Camry Defective HVAC Class Action Lawsuit are:

  • Toyota Motor Corporation
  • Toyota Motor Sales USA Inc.
  • Toyota Motor Engineering & Manufacturing North America Inc., and
  • Southeast Toyota Distributors LLC

According to the Toyota Camry Defective HVAC Class Action Lawsuit, no reasonable consumer expects to purchase or lease a car with an HVAC System Defect which exposes them to foul, noxious, and/or hazardous odors, mold, and other impurities.

Additionally, plaintiffs and class members do not have a reasonable expectation that defendants will conceal a flaw in the vehicles or a known health and safety concern, according to the lawsuit.

Lastly, according to Cardenas and Kirton, the defendants conspired to suppress the Camry HVAC fault. Plaintiffs in the Toyota Camry Defective HVAC Class Action Lawsuit alleged violations of:

  • The federal Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Fraud or fraudulent concealment
  • Breach of the implied warranty of merchantability
  • Magnuson-Moss Warranty Act
  • Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), and 
  • Tennessee Consumer Protection Act

Editor’s Note on Toyota Camry Defective HVAC Class Action Lawsuit:

This article is written to inform you of the class action lawsuit against Toyota, initially filed in 2018, to face trial on allegations after being ruled by a federal judge. We also suggest you read the Toyota Highlander Fuel Tank Class action 2021. 

Case Name & No.: Javier Cardenas, et al. v. Toyota Motor Corporation, et al., Case No. 1:18-cv-22798

Jurisdiction: U.S. District Court for the Southern District of Florida

Allegations: Toyota allegedly knew about the Camry HVAC defect and concealed the information

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